Massachusetts Motorcycle Accident Attorney
Under-Protected on the Road, Properly Protected in Court
At Baker Law, we know the psychological and physical toll that a motorcycle accident injury can have on a victim and their loved ones. As experienced motorcycle accident attorneys, it is our mission to offer caring and committed legal representation to assist our clients during this trying time. We are dedicated to protecting the rights of motorcycle accident victims.
Did You Suffer Damages as a Motorcycle Rider?
Motorcycle crashes are likely caused by the negligence of a motor vehicle operator. In Massachusetts, there are about 200 motorcycle accidents annually. Nearly 80% of people injured in a motorcycle accident face serious injury or wrongful death. That's even with riders in our state wearing helmets higher than the national average.
The top causes of motorcycle accidents include:
- Car doors
- Unsafe lane changes
- Driving under the influence of drugs and alcohol
- Sudden stops
- Road hazards
What Steps Should You Take After Being in a Motorcycle Accident?
Taking the right steps — and avoiding missteps — after you’ve been involved in a motorcycle accident is vital. It can make things much easier later on down the road when filing a personal injury claim. Contact an experienced motorcycle accident attorney at Baker Law to guide you through the post-collision process.
Here are some DOs and DON’Ts if you’ve been injured in a motorcycle crash:
- DO call for emergency medical assistance if needed.
- DO seek treatment from a healthcare professional as soon as possible. Even if injuries feel minor, this will ensure proper treatment and documentation of injuries.
- DO document the accident. Try to gather as much information as possible about the accident, including the contact information of any witnesses, photos of the damage to your motorcycle and the surrounding area, and a written record of what happened.
- DO report the accident. Report the accident to the police and file an accident report. This will create an official record of the accident, which can be valuable in any subsequent legal proceedings.
- DO NOT speak with the driver’s insurance company. Seriously, DO NOT do this. Auto insurance representatives reach out after an accident for a recorded statement. They might seem helpful, but they are looking for ways to lower any potential payout. Decline to speak with anyone other than your insurance company. Tell them that you are exploring your legal options.
- DO NOT sign any documents without consulting an attorney. Be cautious of any paperwork from the insurance company, as it may not be in your best interest. Do not sign any documents or accept any settlement offers without first consulting with an attorney.
- DO NOT post about your motorcycle crash on social media. This information can be used against you in court.
Proving Liability in Motorcycle Accident Claims
To have a strong case, it is essential to prove the negligence and liability of the person responsible for the crash. Our goal is to establish the four key elements of negligence in order to seek compensation for damages.
Duty of Care
All drivers have a legal obligation to exercise reasonable care when operating their vehicles to avoid causing harm to others, including motorcycle riders.
Examples of duty of care in motorcycle accident cases include:
Negligent or Reckless DrivingMotor vehicle drivers must obey traffic laws, avoid speeding, aggressive driving, and driving under the influence of drugs or alcohol.
Failure to Obey Traffic Signals and SignsOften, motorcycle accidents occur when the driver of a car runs a red light or stop sign.
Paying Attention to the RoadDrivers must avoid distractions, such as texting or using a cell phone, to ensure that they are fully focused on the road and aware of motorcycle riders.
Yielding the Right of WayMassachusetts drivers are notoriously aggressive drivers. This includes cutting off other drivers and failure to give way when merging.
Avoiding Reckless BehaviorDrivers must avoid reckless behaviors, such as speeding, aggressive driving, or tailgating, that increase the risk of causing harm to motorcycle riders.
Checking Blind SpotsDrivers must check their blind spots before changing lanes or making turns to ensure that they are not putting motorcycles in danger.
Being Extra Cautious in Inclement WeatherTaking extra precautions when driving in inclement weather, such as rain or fog, to avoid losing control of their vehicles and causing harm to motorcycle riders.
Breach of Duty of Care
When a driver acts carelessly, they breach their duty of care, and this is an essential element in proving negligence. We will work to prove that the driver was distracted, violated traffic laws, or acted recklessly in some other way, leading to the crash.
We will work to establish causation — which is the link between the incident and the resulting injuries. If you were rear-ended by a motor vehicle that was following too closely, we work to confirm that your injuries were caused by that collision and not pre-existing conditions.
Finally, we must prove the financial compensation owed to you as a result of your injuries. This includes medical bills, repair bills, and other documentation that demonstrate the impact of the crash on your life. Insurance companies will require this information to determine the amount of compensation owed.
What Can You Recover in a Massachusetts Motorcycle Accident?
As a personal injury attorney in Massachusetts, in a motorcycle accident case, a victim may be entitled to recover compensation for various types of damages, including:
This includes past, present, and future medical bills related to the injuries sustained to motorcycle accident victims.
If the victim was unable to work due to their injuries, they may be able to recover compensation for lost wages.
Pain and Suffering
This compensates the victim for the physical and emotional pain and suffering they experienced as a result of the motorcycle crash.
If the victim’s motorcycle or other personal property was damaged in the accident, they may be able to recover compensation for the cost of repairs or replacement.
In some cases, if the defendant’s actions were particularly reckless or negligent, the victim may be able to recover additional damages as punishment.
It is important to note that in Massachusetts, there is a statute of limitations for personal injury claims, which means that victims have a limited time to file a claim. An experienced personal injury attorney can help ensure that all the necessary evidence is gathered and that the claim is filed within the required timeframe.
Reach Out for a Case Evaluation with No Obligation or Fee — Just Advice.
Injured in a motorcycle accident? Contact our law firm — especially before speaking with insurance representatives. Get a free consultation. Advice at NO cost and with NO obligation. We can answer your questions and provide direction. If you retain us as your Boston motorcycle accident lawyers, we handle all communications and negotiations with insurance companies.
Focus on your health and recovery, and we’ll get you the maximum compensation you deserve.