Boston Motorcycle Crash Lawyer

Motorcycle accidents in Boston can leave riders with serious injuries and financial burdens. If you’ve been hurt in a crash caused by another driver’s negligence, a Boston motorcycle crash lawyer can help. 

These lawyers understand the unique challenges faced by motorcycle accident victims and fight to get them the compensation they deserve. That can include medical bills, lost wages, and pain and suffering. With a motorcycle crash lawyer in Boston on your side, you can focus on healing while they handle the legalities.

Quick Summary:

• Motorcycles offer less protection than cars making riders more susceptible to severe injuries in accidents. Despite safe riding practices, other drivers’ negligence, such as distractions or impaired driving, poses significant risks.
• Due to minimal protection, riders often suffer fractures and traumatic injuries like spinal cord damage or paralysis from collisions with larger vehicles. Even with helmets, head impacts can result in concussions or more severe brain injuries, affecting cognitive functions and quality of life. Compensation for motorcycle accidents includes medical expenses that cover current and future treatments, lost income, and recovery for physical pain and emotional distress caused by the accident and injuries sustained.
• Most accidents stem from motorists’ failure to notice or yield to motorcycles, involving actions like sudden lane changes or distracted driving. The legal principle where fault allocation affects compensation eligibility is crucial in determining the extent of liability and damages. In Massachusetts, victims have three years from the accident date to file claims, with exceptions for delayed discovery of injuries or incapacity due to age or mental state.

What are the Causes of Motorcycle Accidents?

Motorcycles have many benefits compared to passenger vehicles, including:

• being cheaper to maintain, 
• easier to park, and 
• more flexible when it comes to weaving through traffic. 

However, they also leave the rider vulnerable to severe injuries resulting from accidents. Even if a motorcycle rider is acting as safely as possible, there are still severe risks posed by other drivers who fail to pay attention or who are intoxicated. 

Injuries that may result from a motorcycle accident are usually severe. That is because a person riding a motorcycle has less protection than someone in a car or other enclosed vehicle, even if the rider is wearing protective gear. Additionally, the impact of a heavy vehicle against a relatively light vehicle results in the rider being thrown away or ejected from the motorcycle. 

What are the Common Injuries Sustained in Motorcycle Accidents?

There are virtually endless situations that can lead to a motorcycle accident, meaning there are almost limitless types of injuries that the victim may suffer. 

• Road Rash: One of the most common injuries is road rash. It occurs when skin is chaffed or scraped off due to skidding along with the asphalt, concrete, or another surface in a crash. Road rash may sound minor, but it can be excruciating. Permanent scarring may occur under challenging situations, such as in motorcycle accidents.
• Broken Bones: Other common injuries a motorcyclist may suffer in motorcycle accidents are broadside collisions, which may include broken bones and fractures, leading to permanent disabilities like quadriplegia. Unlike a passenger vehicle, which protects the occupants during a crash, a motorcycle exposes the rider to the surrounding environment. 
• Traumatic Brain Injury (TBI): Perhaps one of the most difficult injuries to diagnose a treat is a traumatic brain injury. Even if a rider is wearing a helmet, the impact that results from a crash can still leave the rider with severe brain injuries that have symptoms like 
  • memory loss, 
  • fatigue, 
  • confusion, and 
  • personality changes.

Other common injuries in motorcycle accidents include:

• Severe lacerations
• Facial injuries
• Spinal cord injuries

Wrongful Death in Motorcycle Accidents

However, the most severe injury that can result in a motorcycle crash is death. If your loved one lost their life due to a motorcycle accident, you might be able to assert a wrongful death claim to recover compensation for your suffering and losses.

What Compensation Can You Get From Motorcycle Accidents?

If you’re injured after a motorcycle accident due to the negligence of someone else, you may be entitled to damages for:

• Medical Expenses: Covers past and future medical bills including surgery, medication, therapy, and rehabilitation.
• Lost Wages and Reduced Earning Capacity: Compensates for lost income due to missed work and potential future limitations on your ability to earn.
• Pain and Suffering: Recovers compensation for physical and emotional pain caused by the accident.
• Loss of Consortium: If your injuries impact your loved one’s ability to enjoy their relationship with you, they may seek compensation for this loss.
• Wrongful Death (for surviving family): In case of a fatal accident, compensation may be available for the surviving family’s suffering and losses.

How Is Liability Established in a Motorcycle Accident?

There are many different reasons that motorcycle accidents can happen, and many of them involve carelessness on the part of another motorist. Motorcycles are much smaller than regular passenger vehicles or trucks, which means it can be even more accessible for a motorist to fail to see a motorcyclist approaching an intersection or making a lane change. 

Many motorcycle accidents result from a motorist cutting off a motorcycle rider in an intersection, failing to yield the right-of-way, tailgating the motorcyclist, swerving in front of a rider, engaging in distracted driving practices like texting, or driving while intoxicated. Motorcyclists have as much right to be on the roadway and to be treated with caution and consideration as other motorists.

What is Massachusetts Law on Motorcycle Crashes?

Massachusetts law requires all motorcycle riders to wear a helmet and holds negligent drivers accountable for damages caused in motorcycle crashes. If another driver caused your accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

Who Can Be Held Liable in a Boston Motorcycle Crash?

Not all motorcycle accidents are created equal, and figuring out who to hold responsible can be tricky. Here’s a breakdown of who could be held liable in a Boston motorcycle crash:

• The Other Driver: This is the most common scenario. If a car, truck, or another motorist’s negligence caused the crash (e.g. speeding, texting and driving, or not yielding), they could be on the financial hook for your injuries.
• The Driver/Rider Themselves: Even motorcyclists can share blame in an accident. Speeding, running a red light, or making a risky lane change could mean the rider is partially or fully responsible.
• The Government: Hit a giant pothole or miss a crucial sign hidden by overgrown bushes? If a dangerous road condition caused the wreck, the city, county, or state responsible for upkeep might be liable. 
• The Motorcycle Maker: Did faulty brakes or a defective tire cause the crash? If a problem with the motorcycle itself was to blame, the manufacturer could be held responsible under product liability laws.
• The Mechanic: Did a botched repair leave the motorcycle unsafe? If improper maintenance by a mechanic or repair shop contributed to the accident, they might be responsible for your damages.
• The Passenger or Pedestrian (the Unintentional Culprits): This one’s less common, but if a passenger’s actions or a pedestrian’s negligence played a role in the accident, they could be held partially liable.

What is Comparative Negligence in Motorcycle Accidents?

Many defenses are available to defendants facing liability in motorcycle accident claims, including comparative negligence. If the defendant can show that the plaintiff was 51 percent or more at fault for the motorcycle accident, the defendant will not be required to pay the plaintiff any compensation.

Suppose you were injured in a motorcycle accident. In that case, you could seek compensatory damages from the responsible party to help cover the costs of your medical care, lost wages, and other expenses associated with the crash. Since motorcycle accidents are so severe, these expenses can be significant. 

In a personal injury lawsuit, a Boston motorcycle crash lawyer can help you seek recovery for these and any additional damages you face due to the accident. These include your past expenses as well as future estimated costs.

What is the Statute Of Limitations for Motorcycle Accidents in Massachusetts?

In Massachusetts, the statute of limitations for filing a motorcycle accident claim is three years from the date of the accident. That means you have three years to start legal proceedings, otherwise you may lose your right to sue. It’s important to consult with a lawyer as soon as possible after a motorcycle accident to ensure you meet this deadline and don’t miss out on potential compensation.

The three-year window to file a motorcycle accident claim in Massachusetts seems straightforward, but there are a few rare exceptions where the clock might start a little later:

• The Discovery Rule: Imagine a rider suffers neck pain after a crash, but doctors initially think it’s just muscle strain. Months later, an MRI reveals a herniated disc – a clear injury linked to the accident. In this case, the statute of limitations wouldn’t begin until the rider discovered the true extent of their injuries.
• Minors and Disabled: If a child is injured in a motorcycle accident, the three-year clock doesn’t start ticking until they turn 18. Similarly, if someone’s mental illness prevents them from understanding their legal rights, the deadline is paused until they regain the capacity to sue.
• Out-of-State Defendants: Can’t find the person who caused your accident because they skipped town? The statute of limitations is on hold until they return to Massachusetts.

These exemptions are crucial because injuries can take time to manifest fully, and unexpected situations can arise. Regardless, it is still best to immediately seek legal advice whenever caught in a personal injury case, especially if the exemptions apply to you.  

Why Do I Need a Motorcycle Crash Lawyer in Boston?

After a motorcycle accident, you’re likely banged up, stressed, and dealing with mountains of paperwork. Dealing with insurance companies and the legal system yourself is a recipe for a headache. A Boston motorcycle crash lawyer can be your champion, fighting for the compensation you deserve while you focus on healing.

The ways a motorcycle crash lawyer in Boston can help you include:

• Level the Playing Field: Insurance companies often have their teams of lawyers looking out for their bottom line, not yours. A lawyer can help ensure your rights are protected and fight for the maximum compensation you deserve.
• Establish Liability: Motorcycle accidents can involve many parties, and figuring out who’s responsible can be complex. Your lawyer will investigate the crash, gather evidence, and build a strong case to hold the liable party accountable.
• Determine Compensation: The true cost of a motorcycle accident goes beyond medical bills. Lost wages, pain and suffering, and long-term impacts on your life can all be factored into your claim. A lawyer can help calculate the full value of your damages.
• Handle the Paperwork: Medical records, police reports, witness statements – the paperwork after an accident can pile up fast. Your lawyer can handle the tedious details, allowing you to focus on healing.
• Perform Negotiations: Insurance companies may pressure you into a lowball settlement. Your lawyer has the experience and knowledge to negotiate aggressively on your behalf, ensuring you receive fair compensation.

At The Law Offices of Barry Feinstein & Affiliates P.C., our dedicated Boston motorcycle accident attorney has handled many cases involving devastating accidents. That means we clearly understand what you are going through during this difficult time. 

Call Our Boston Motorcycle Crash Lawyer Now!

Motorcycle accidents can leave lasting impacts, from physical injuries to mental trauma. If you’ve been involved in a crash, focus on your health and safety first. Then, consider seeking legal guidance to navigate the complexities of an insurance claim and secure the compensation you may deserve.

At The Law Offices of Barry Feinstein & Affiliates P.C., we can provide compassionate legal representation to the victims of motorcycle accidents and their families. We are familiar with the issues associated with the most common injuries in motorcycle accident cases, and we know how important it is for you to understand your rights. 

Our motorcycle accident attorneys in Boston, MA, are prepared to fight for the total compensation you deserve following a motorcycle accident, a bicycle accident, or any other type of motor vehicle collision. We offer a free consultation to help you learn more about how we can assist you.