Biker rallies provide bikers with the chance to sneak-preview or even test the latest gear, enjoy live entertainment, race, participate in group rides, and spend time with the biker community at large. Events draw large crowds and offer the promise of a great time. Unfortunately, they also come with opportunities for accidents that can leave attendees seriously injured.
If this has been your experience at a biker rally, get in touch with a Boston personal injury lawyer from DiBella Law. If your injury resulted from another party’s negligence, you have the right to sue that party for compensation.
Massachusetts and New Hampshire Personal Injury Laws
The Commonwealth of Massachusetts and the State of New Hampshire allow victims injured by someone else’s negligence to sue the negligent party for damages. In legal terms “damages” is the financial award victims collect to compensate them from accident-related losses. Both states operate under the 51% comparative fault rule.
The 51% rules, explained in the Statutes/Rules section of The Supreme Court of New Hampshire case notes and Massachusetts Law Section 85, allows victims to sue as long as they are less than 51% responsible for their injuries but reduces the amount of compensation they can collect in proportion to the fault they hold if they are eligible to sue. A skilled personal injury lawyer can help protect you from being assigned unwarranted blame for your accident and hold the at-fault party accountable for the highest settlement possible.
By partnering with an attorney soon after your accident, you give yourself the best chance of a successful outcome. Your lawyer will handle all legalities, gather evidence to prove the at-fault party’s behavior–or lack of action–caused your injuries, and value your pain and suffering and economic losses. Then, your attorney will determine how your pain and suffering is valued in a personal injury claim, then will help you fight for a fair out-of-court settlement or, if the other side will not play fair, will represent you in court.
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Possible Negligent Parties
Filing against the correct at-fault party is essential for a favorable outcome. It is best to have an experienced personal injury lawyer conduct a thorough investigation into your accident to identify whose negligence caused your injury. Without investigative experience or understanding of how personal injury claims work, it is easy for victims to assume an apparent negligent party, only to realize too late that they were wrong and there is not enough evidence to support the claim.
Biker rallies are crowded, busy events. Other bikers, vendors, or guests hosting special performances or demonstrations typically attend. This variety of attendees means there are a variety of potential at-fault parties.
Depending on the specifics of your accident, negligent parties can include, among other possibilities:
- The event sponsor
- The venue owner
- A product manufacturer or seller
- Other attendees
- Security teams
Grounds for Suing the Responsible Party
While your accident claim will fall under the general category of “personal injury,” the specific type of injury claimed depends on the nature of your accident.
Premises Liability
Property owners must keep their properties safe for guests. This means owners, managers, or others overseeing the location of your biker rally must keep the premises free of hazards. If they know of a specific danger, they must address it promptly — if they cannot fix it, they must at least mark it with a warning.
When accidents happen at events, and you fall because of a neglected hazard, you may have grounds for a premises liability claim. If the property or venue owner is also responsible for providing event security, you may also have grounds if your injury results from inadequate security. For example, you could fall and be trampled by an uncontrolled crowd or get hurt if an altercation breaks out and security fails to stop the melee. Adequate security measures also include proper lighting to prevent guests from assaults or falls in dark areas.
Product Liability
Vendors present new bike models or gear, often leading guests through demonstrations or test runs. Defective products can cause injury, as can products that have not yet been thoroughly tested. When you are injured by one of these products, the manufacturer or vendor may be culpable.
Motorcycle Accident
Some rallies include rides, and motorcycle crashes can be an unfortunate by-product of these rides. Your case could be against a negligent rider or another driver on the road, but it could also be against those repainting for maintaining safe ride routes or vehicle or part manufacturers if an unsafe roadway or faulty bike or bike part caused the incident. Put your case in the capable hands of a motorcycle accident lawyer who will determine who is liable for your motorcycle accident.
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How Rally Waivers Can Affect Your Claim
You likely had to sign a waiver to attend the rally. Attendance at many major events includes this requirement. Event sponsors and venue owners seek to protect themselves from lawsuits with waivers that protect them from blame if an attendee gets hurt or has property stolen at the rally.
These waivers do provide sponsors and owners with some protection, but they certainly do not absolve them of all responsibility. Do not assume you cannot file for damages because you signed that form. A knowledgeable personal injury attorney from DiBella Law will review the terms of the waiver and the circumstances of your accident and advise you of your legal options.
Sometimes, waivers are not “legitimate.” They may be unclearly written or even deceptive, making it difficult for signers to understand just exactly what they are agreeing to. Other times, the waiver may not cover the act of gross negligence that led to your accident.
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Get the DiBella Difference
When you connect with a Massachusetts personal injury lawyer to handle your personal injury lawsuit, you get the DiBella difference. You will not pay any fees until we secure your settlement, and we are so confident in your satisfaction with our services that we offer a free 30-day trial, allowing you to cancel our partnership without fear of fees or penalties. And finally, if you cannot get to us, we will come to you. Reach out today to discuss–for free–your biker-rally injury with us. If someone owes you compensation for your injuries, DiBella Law will fight tirelessly to get it.
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