FAQs: Motorcycle Accident Claims in Massachusetts
1. I wasn’t wearing a helmet. Will that hurt my claim?
Under Mass. Gen. Laws 90 § 7, all motorcycle operators and their passengers are required to wear helmets when they ride. However, if you weren’t wearing a helmet at the time of your motorcycle accident, that won’t necessarily mean that you won’t be able to recover compensation if your wreck was caused by someone else. Depending on your injuries, the insurance company might try to claim that you contributed some fault by not wearing a helmet. For example, if you suffered head injuries, the insurance company might blame a part of the severity of your injuries on your failure to wear a helmet to try to reduce the value of your claim. Your attorney can help you understand the value of your claim and the potential impact of not wearing a helmet.
2. If I Was Partly to Blame for My Accident, Will That Bar Me from Recovering Damages?
Mass. Gen. Laws 231 § 85 governs how accidents involving more than one negligent party are handled. Under this law, you can still recover compensation if you were partly at fault as long as your degree of negligence doesn’t exceed that of the defendant or defendants. In other words, if you were 50 percent at fault or less, you can recover compensation for your losses. However, your damages will be reduced by the percentage of fault you contributed. For example, if a jury returns a gross verdict in your favor of $100,000 but finds that you were 20 percent at fault, your damages will be reduced by 20 percent for a net verdict of $80,000. On the other hand, if you were 51 percent or more at fault, you won’t be able to recover compensation.
3. I Crashed into a Car That Turned Left in Front of Me. Am I at Fault?
In most cases, the car’s driver will be at fault when they turn left in front of an oncoming motorcyclist. However, you might also share some fault if you were speeding. If you were going well over the speed limit and/or ran a red light, you might be at fault and unable to recover compensation.
4. When Do I Need to File a Lawsuit?
Massachusetts has a statute of limitations that provides a deadline for filing a personal injury claim. Under Mass. Gen. Laws 260 § 2A, you must file a lawsuit no later than three years after your accident and injuries. However, it is best to retain a lawyer as soon as possible after your collision so that your attorney will have more time to investigate your case, prevent you from making mistakes that could interfere with your ability to recover damages, and preserve evidence that might otherwise be lost.
5. What Should I Do After a Motorcycle Accident?
Take the following steps after a motorcycle accident to protect your claim and facilitate your recovery from your injuries:
- Stop your bike and wait for the police at the scene of the collision.
- Call 911 to summon help.
- Check to see if you or others have been injured, and help anyone who has.
- Get the motorist’s insurance information, driver’s license number, and registration.
- Take photos of your bike and the involved vehicle, how they are positioned, their damage, and any other details that you believe might be relevant.
- Tell the police what you remember happening, but do not apologize or say that you were at fault.
- Ask any witnesses for their names and how they can be contacted.
- Go to the hospital or your doctor’s office to get a diagnosis and treatment for your injuries.
- Don’t talk to the motorist’s insurance company before speaking to a lawyer.
- Schedule a consultation with Ellis & Associates.
Talk to Ellis & Associates for Help with Motorcycle Accident Claims
The experienced lawyers at Ellis & Associates have handled many motorcycle accident claims and know what is required to build strong cases. If you were injured in a motorcycle accident that you think was caused by someone else, call us today for a free case evaluation at 800-MR-ELLIS or contact us online.