Even a minor motorcycle collision can easily result in catastrophic injuries because riders have minimal protection. The lack of a protective metal frame or airbags leaves motorcyclists vulnerable to the full force of impact. If you or a loved one has been in a crash and suffered injuries, a Boston motorcycle accident lawyer can help you claim damages.
At DiBella Law Offices, P.C., we have nearly two decades of experience advocating for the rights of injured victims. During our legal practice, we have recovered several million dollars in verdicts and damages for our clients. Let us help with your financial recovery, as we have helped many others. Call our personal injury lawyers in Boston for a free case evaluation.
Navigating Massachusetts’ Insurance Laws
Massachusetts requires all auto insurance policies to include personal injury protection (PIP). Regardless of fault, this insurance covers medical expenses, lost earnings, and funeral expenses for insured individuals up to policy limits.
Under certain circumstances (such as severe injuries), stepping outside the no-fault insurance system and filing a personal injury lawsuit against the negligent driver is possible.
What Are the Limits of PIP Coverage for Motorcyclists?
State law does not require insurance companies to include this coverage in policies covering motorcycles. Riders may not have PIP insurance to protect them in case of a crash. This means they often have to seek alternative coverage to handle medical expenses after an accident.
What If Another Driver Caused the Collision?
If another driver caused your motorcycle crash, you may be entitled to file a claim for compensation from the at-fault driver’s insurance company. To succeed, you must show that the other driver was negligent.
To establish negligence, your motorcycle accident attorney must prove that:
- The other driver had a duty to exercise reasonable care.
- The driver breached that duty.
- The breach of duty caused the crash.
- The crash resulted in your injuries.
The added stress of negotiating with insurance companies is better left to our Boston personal injury lawyers while you focus on your healing.
How to File a Claim for a Motorcycle Accident in Massachusetts
If you have been hurt in a motorcycle crash, speak to an attorney about pursuing maximum compensation. The first thing to do is get medical treatment for your injuries.
Take the following steps after a motorcycle crash to protect your right to financial recovery:
- Report the accident to your insurance company. Let your provider know about the crash as soon as possible. Report the facts, but avoid assigning fault to yourself.
- Do not talk to representatives of the other driver’s insurance company until you consult with a lawyer. They can use what you say against you.
- Collect all documents about the accident. These may include the police report, your insurance documents, and your accident scene documentation.
- Consult with an experienced personal injury attorney about your case. We offer a free consultation and work on a contingency fee basis in personal injury matters.
What Compensation Can You Claim After a Boston Motorcycle Crash?
Each motorcycle claim is unique, and the recoverable compensation amount depends on the details of your case. Factors that determine the value of your claim include the severity of your injuries, losses, and the percentage of fault assigned to the other driver.
For this reason, it’s important to consult a seasoned Boston motorcycle accident lawyer. Please do not accept the first settlement offer from an insurance company; leave the negotiating to our law firm. The team at DiBella Law Offices, P.C., has worked with many Boston motorcycle accident victims and understands the lifelong impact of injuries.
Some forms of compensation we aim to get our clients include:
- Property damage or loss
- Current and future medical expenses
- Compensation for a permanent disability
- Lost wages
- Compensation for future loss of ability to earn a living
- Scarring and disfigurement
- Emotional distress
- Loss of enjoyment of life
- Punitive damages when the court deems them appropriate for the case
Available Wrongful Death Damages After a Fatal Motorcycle Accident
If you lost a loved one in a fatal motorcycle crash, please accept our sincere condolences. We understand this is an incredibly difficult and painful time for you and your family. Our compassionate team of wrongful death lawyers in Boston, MA, will help you hold responsible parties accountable for their negligence.
By taking legal action, you can also recover your losses and protect your family’s financial security. We will help you calculate all your expenses and file a detailed claim.
Possible wrongful death damages after a fatal crash include:
- Loss of the decedent’s reasonably expected net income
- Loss of care and guidance
- Funeral and burial expenses of the decedent
- Punitive damages
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
Massachusetts’ Statute of Limitations for Personal Injury Lawsuits
The statute of limitations sets the legal timeframe determining how long a plaintiff has to file a lawsuit after an injury occurs. Generally, in personal injury cases, including motorcycle accidents, the deadline is three years from the date of the injury. This means you have three years from the date of the incident to initiate legal action against the responsible party.
Failing to file a lawsuit within the prescribed time frame can result in losing your right to seek compensation. Consult an experienced attorney immediately if you believe you have a personal injury claim in Massachusetts.
Common Causes of Motorcycle Accidents
The National Highway Traffic Safety Administration (NHTSA) reports 5,932 motorcyclists killed; this adds up to 14% of all traffic fatalities in 2021. In most cases, crashes are not caused by the motorcycle rider. Many local police reports state that the driver of a car or truck admitted to not seeing the motorcycle.
Though the driver often genuinely regrets causing the accident, a jury could define the driver’s actions as negligence. Even the most cautious Boston rider can suffer severe injuries or death due to another driver’s carelessness.
Motorcycle accidents in Boston are often caused by:
- Distracted driving: Keeping your eyes on the road and hands on the wheel may seem obvious to most drivers, but modern society has any number of distractions that can result in a motorcycle accident. Split-second decisions to text, make phone calls, eat food, and even heated arguments can lead to distracted driving accidents.
- Drunk or drugged driving: DUI and DWI can significantly impact a driver’s response time. They are less likely to check their blind spots, follow traffic signs, maintain a safe distance from other drivers, and react to adverse weather conditions. If you were injured, a Boston drunk driving accident lawyer will help you hold the at-fault party accountable.
- Speeding: Speed limits provide a clear guideline of the safe speeds a vehicle can travel in specific zones, from fast-paced highways to slow, sharp turns. Breaking the speed limit (and even driving well below it) puts other vehicles at risk, particularly motorcyclists, who do not have the same safety features as other vehicles.
- Left-turn accidents: Left-turn accidents are an everyday risk for riders in the United States. Reckless drivers may not check for cross-traffic when they turn or misjudge the speed a motorcycle is going, resulting in serious, often fatal, injuries.
- Blind spots: From 18-wheelers to everyday sedans, every vehicle has blind spots, so driving instructors drill regular blind spot checks into new drivers. Motorcyclists are especially at risk in blind spots because they are smaller than most vehicles and quieter, making it harder for other drivers to see them clearly.
- Head-on collisions: The NHTSA reports that in two-vehicle accidents, 76% of the motorcycles were involved in fatal head-on collisions. Whether due to drunk or distracted driving, speeding, or other factors, head-on collisions are among the most dangerous types of accidents.
- Dangerous road conditions: When combined with reckless driving, road conditions like potholes, broken pavement, and road debris can cause a car or truck to move erratically, resulting in collisions with nearby motorcycles.
In other cases, a driver may have been drunk, distracted, or recklessly operating the vehicle. Regardless of the reason, the result is usually the same: a driver of another vehicle caused the motorcycle accident.
What Are Common Injuries Sustained in Motorcycle Accidents?
The majority of motorcycle accidents in the U.S. involve serious injuries to the rider. No matter how minor injuries may appear immediately after an accident, a rider should seek medical attention to ensure there are no hidden injuries, such as internal bleeding, which could become life-threatening.
Some of the most common types of injuries from motorcycle accidents include:
- Road rash, where the skin is destroyed due to abrasion from the road
- Facial fractures
- Broken bones
- Burns from the engine of the motorcycle or fluids from other vehicles
- Limb amputations
- Nerve damage from extensive road rash
- Spinal cord injuries
- Head injuries
- Traumatic brain injuries
- Internal injuries
Because of the serious nature of many injuries suffered by victims of motorcycle accidents, riders often face a lifetime of pain and permanent disabilities. Permanent injuries can leave a rider unable to work and earn a living, but they can also make performing daily tasks difficult or impossible. Motorcycle accident victims often need lifelong assistance and care.
DiBella Law Offices, P.C. Will Help With Your Boston Motorcycle Accident Case
If you or a loved one has sustained injuries in a Boston motorcycle accident, seek immediate legal guidance. At DiBella Law Offices, P.C., we offer personalized legal assistance to all our clients. Our experienced motorcycle accident lawyers in Boston, MA, will help you recover maximum financial compensation.
Contact us to schedule your free consultation today, or visit us at our Boston office at 100 Cambridge Street, 14th Floor, to learn more about your rights.