Motorcycle Accidents Caused by Limited Visibility
Seasoned Attorneys Assisting Injury Victims in Massachusetts
One of the most common dangers on the road is limited visibility. Motorcycle accidents caused by limited visibility can involve any situation in which one party was unable to see oncoming traffic, a road hazard, or some other obstacle. Even in situations where the weather is not an issue, a driver may have limited visibility due to parked cars, foliage lining the streets, and signage. This becomes even more of a challenge for motorcycle riders. Due to the smaller stature of a motorcycle, they can be more difficult for motorists to see. Whether it is dense fog obscuring the roadway ahead as a car enters an intersection or a motorcycle emerging from behind a parked car, the dangers are many. The Massachusetts motorcycle accident lawyers at The Law Offices of Barry Feinstein and Affiliates P.C. are available to assist clients with learning about recovering compensation after they have been injured in motorcycle accidents caused by low visibility.
Establish Your Right to Compensation After Motorcycle Accidents Caused by Limited Visibility
A motorcycle accident is a type of personal injury claim. This requires the plaintiff to show that the other driver didn’t drive with the same level of care and skill that a prudent and reasonable driver would use. This standard incorporates any of the key factors that were at play at the time of the accident. So, if there was dense fog on the road, the standard would ask how a reasonable and prudent driver would operate his or her vehicle when driving in dense fog. Other common ways that drivers fail to meet this standard include drunk driving, distracted driving, and aggressive driving.
This discussion of fault also plays into any insurance negotiations. If you are trying to make a claim with the at-fault driver’s insurance company, the company may first need to establish who is at fault for the accident. This is one of the many reasons why having a seasoned lawyer in Massachusetts assisting you can take the stress and difficulty out of your claim. Proving that the other party caused the accident to happen can require a few steps like gathering evidence in the form of witness statements or a police report prepared after the crash.
Get the Compensation You Deserve
If you are able to show that the other driver didn’t use the right level of care at the time of the accident, you must next show that this was the direct cause of your injuries. It is not enough to prove fault. There are some situations where even if the other party was negligent but that negligence was not the substantial cause of the victim’s injuries. The defendant may try to argue that you were also negligent at the time of the accident. Massachusetts follows the comparative negligence rule which does not allow a plaintiff to recover damages where the defendant can show that the plaintiff was 51% or more at fault for the accident. This means it is important to know whether there is any evidence suggesting that you may have also acted negligently when the accident happened.
The last phase of the claim process involves supporting the amount of damages that you seek. There are specific categories of damages available to plaintiffs in personal injury cases. Medical payments, future estimated medical care costs, lost wages, reduced earning capacity, and pain and suffering are all examples. Your spouse may also be able to bring a claim for loss of consortium to compensate him or her for the loss of your companionship, support, and assistance. If the accident lead to a permanent disability like an amputation, for example, that would have a lifelong and permanent impact on your relationship.
Discuss Your Claim With a Lawyer in Massachusetts
Motorcycle accidents caused by limited visibility are scary experiences for the victim because they often happen without any warning. At The Law Offices of Barry Feinstein and Affiliates P.C. our attorneys are available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. To schedule a consultation and learn more about your legal rights call us today at 800.262.9200 or contact the office online to get started.