Did you sustain injuries in a crash involving a motorcycle? As the victim of this type of collision, you might be eligible for compensation. To figure out if you can take legal action, don’t hesitate to call a Massachusetts motorcycle accident lawyer as soon as possible.
At Sweet James, our attorneys have experience helping injury victims for over 25 years. As your motorcycle accident lawyer, we will investigate the details of the crash, collect all evidence relating to the collision, and protect your rights throughout the claims process.
Who’s Responsible for a Motorcycle Accident?
Motorcycle accidents can happen for many reasons, and the person responsible is not always the motorcyclist. If a driver engages in any of these behaviors, they could end up being at-fault for a resulting crash:
- Turning left directly in front of a motorcycle
- Changing lanes without seeing a rider
- Following too closely
- Running a red light
- Driving while distracted
Meanwhile, a defective motorcycle part or unsafe roadway condition can also contribute to a crash. Ultimately, your personal injury claim will focus on proving negligence. Here’s what you and your Massachusetts motorcycle accident attorney must establish:
- Another party owed you a duty of care.
- They failed to uphold this duty.
- That party caused the resulting injury and losses.
Comparative Negligence Rules in Massachusetts
Massachusetts also has a comparative negligence law. Under Massachusetts General Laws Chapter 231, Section 85, an injured person can recover damages when their negligence is not greater than the combined negligence of the parties against whom recovery is sought.
The damages are then reduced according to the injured person’s share of negligence. The person asserting that the injured party was negligent has the burden of proving it.
This distinction matters because motorcycle riders sometimes face assumptions that they were responsible simply because they were riding a motorcycle. Your Massachusetts personal injury lawyer will know that an insurance company’s assumption is not the same as factual evidence.
Can You Recover Compensation if You Were Partially at Fault?
Being partially responsible for an accident does not automatically prevent recovery. Massachusetts General Laws Chapter 231 § 85 stipulates that an injured person’s negligence does not bar recovery when it is not greater than the total negligence attributable to the defendants.
However, the damages are reduced in proportion to your negligence. For example, if an insurer argues that your actions contributed, that allegation should be supported by evidence. Your motorcycle accident law firm serving Massachusetts can see if there’s any proof of this claim.
We can respond to comparative negligence arguments and work to establish how responsibility should be assigned based on the evidence.
Compensation You Can Pursue After a Motorcycle Accident
Motorcycle injuries can affect nearly every part of your life. You could need emergency treatment, surgery, physical therapy, medication, follow-up appointments, or long-term care. At the same time, you might be unable to work or perform responsibilities at home.
Depending on the facts, your motorcycle crash attorney serving Massachusetts can help you pursue compensation for these losses:
- Medical expenses and related treatment costs
- Lost wages from time away from work
- Reduced future earning capacity
- Physical limitations
- Pain and suffering per Massachusetts General Laws Chapter 231 § 6D
- Rehabilitation and ongoing care
- Property damage to the motorcycle and other personal property
The amount of compensation depends on the facts of the individual claim. An insurer’s initial offer should not automatically be treated as a complete assessment of your losses, particularly when you are still receiving treatment or the long-term effects of your injuries are not yet clear.
Motorcycle accident lawyers taking cases in Massachusetts can gather medical and financial documentation and present evidence supporting the losses caused by the accident.
How Long You Have to File a Motorcycle Accident Lawsuit
Massachusetts generally requires personal injury tort actions to be commenced within three years after the cause of action accrues, subject to exceptions established by law. This deadline is found in Massachusetts General Laws Chapter 260, § 2A.
Three years can sound like a long time, but waiting can make a claim harder to pursue. Evidence can disappear, witnesses can become difficult to locate, and memories can fade. There can also be different deadlines when a public entity is involved.
Massachusetts has separate provisions concerning claims against public employers and government entities. If you were injured, speaking with a motorcycle crash lawyer serving Massachusetts sooner rather than later gives you time to identify who’s at fault.
Here’s How Massachusetts Motorcycle Accident Lawyers Can Help
After a serious motorcycle crash, your job should be recovering. You should not have to spend your days fighting with an insurance adjuster or trying to understand which insurance policy applies. Your attorney can handle these responsibilities for you:
- Investigating the cause of the crash
- Identifying potentially responsible parties
- Gathering photographs, reports, witness statements, and other evidence
- Reviewing applicable insurance policies
- Communicating with insurance companies
- Documenting medical treatment and financial losses
- Responding to claims that you contributed to the accident
- Evaluating settlement offers
- Preparing the case for litigation when appropriate
- Representing you during negotiations or in court
Motorcycle injury lawyers handling cases in Massachusetts can also serve as someone who can explain what is happening as your claim progresses. You can ask questions, understand your options, and make decisions without having to handle every part of the claim yourself.
Call Sweet James for Legal Help From Motorcycle Accident Lawyers Serving Massachusetts
At Sweet James, founding attorney James Bergener previously represented insurance carriers in personal injury and workers’ compensation cases. His experience has given him insight into how insurance companies evaluate claims and defend against them.
Our Massachusetts motorcycle accident attorneys use this perspective when insurers question liability, challenge the seriousness of injuries, or offer less money than the evidence supports. When you become our client, we will focus on providing Personalized Service Focused on You.
Since our law firm offers free consultations and works on a contingency basis, you’ll Pay No Fees or Costs Until We Win. If you were injured due to another driver’s actions, a dangerous roadway, a defective motorcycle component, or another circumstance, call ASAP.
