Riding a motorcycle on the open roads of Massachusetts offers a sense of freedom that few other experiences can match. From the scenic Mohawk Trail to the coastal roads of Cape Cod, the Bay State provides a beautiful backdrop for riders. However, this freedom comes with significant risks. Motorcyclists are uniquely exposed, and when an accident happens, the consequences are often severe and life-altering.

Navigating the aftermath of a crash can be overwhelming. You're likely dealing with serious injuries, mounting medical bills, and confusing calls from insurance adjusters. Questions about your rights, the legal process, and your future are bound to arise. This article serves as a comprehensive FAQ to address the most common questions we hear from injured riders. Here, we provide clear, straightforward answers to help you understand your situation and the steps you can take to protect yourself.

What Should I Do Immediately After a Motorcycle Accident in Massachusetts?

The moments following a motorcycle accident are chaotic and critical. What you do and do not do after a motorcycle accident can have a significant impact on your health and your ability to recover financial compensation later.

1. Ensure Your Safety: If you are able, move to a safe location away from traffic to prevent further injury. If you are seriously injured, do not move and wait for emergency responders. Your well-being is the top priority.
2. Call 911: Immediately report the accident to the police and request emergency medical services, even if you don't feel seriously hurt at first. Some severe injuries, like internal bleeding or concussions, may not present symptoms right away. A police report creates an official record of the incident, which is invaluable for your claim.
3. Document Everything: If you are physically able, gather as much information as possible.
   • Take Photos and Videos: Use your smartphone to capture the entire scene from multiple angles. Photograph vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries.
   • Exchange Information: Get the name, address, phone number, driver's license number, and insurance information from all drivers involved.
   • Identify Witnesses: If anyone saw the accident, ask for their names and contact information. Independent witness testimony can be incredibly powerful.
4. Do Not Admit Fault: Adrenaline and shock can cloud your judgment. Avoid saying things like "I'm sorry" or "I didn't see you," as these statements can be misinterpreted as an admission of guilt by insurance companies. Stick to the facts when speaking with law enforcement.
5. Seek Medical Attention: Always get a thorough medical evaluation after a crash. This not only ensures your health but also creates a medical record that directly links your injuries to the accident—a key piece of evidence for your claim.

Why Do I Need a Specialized Massachusetts Motorcycle Accident Lawyer?

You might wonder if any personal injury lawyer can handle your case. While technically true, hiring a motorcycle accident lawyer who specifically focuses on these complex cases in Massachusetts offers a distinct advantage.

Motorcycle accident claims are not the same as standard car accident cases. An experienced Massachusetts motorcycle accident lawyer understands the specific challenges riders face:

• Biker Bias: A persistent and unfair bias often exists against motorcyclists. Insurance adjusters, and even potential jurors, may wrongly assume the rider was behaving recklessly. A skilled lawyer knows how to combat these stereotypes with hard evidence and expert testimony to show you were operating your bike safely and responsibly.
• Complex Injury Cases: The injuries sustained in motorcycle accidents—such as traumatic brain injuries (TBIs), spinal cord damage, and severe road rash—are often catastrophic and require lifelong care. A lawyer experienced in this field will know how to accurately calculate the full, long-term cost of these injuries to ensure your settlement or award covers future medical needs, lost earning capacity, and diminished quality of life.
• Unique Laws and Regulations: Massachusetts has specific motorcycle laws, including helmet use and lane splitting. A specialized attorney is well-versed in these nuances and how they can affect your case.
• Accident Reconstruction: Proving fault often requires a deep understanding of motorcycle dynamics. A dedicated motorcycle accident lawyer will work with accident reconstruction experts who can analyze the physical evidence to demonstrate how the other driver’s negligence caused the crash.

What Are the Most Common Causes of Motorcycle Accidents?

Understanding the common causes of motorcycle accidents can help riders stay vigilant and can be central to proving fault in a legal claim.

• Vehicles Making Left-Hand Turns: This is one of the most frequent causes of motorcycle crashes. A driver turning left at an intersection often fails to see an oncoming motorcycle or misjudges its speed, turning directly into the rider's path. These "failure to yield" accidents are almost always the fault of the car driver.
• Unsafe Lane Changes: Drivers who change lanes without checking their blind spots pose a massive threat. Motorcycles are smaller and can be easily missed, leading to devastating side-swipe or run-off-the-road accidents.
• Distracted Driving: The rise of smartphone use has made distracted driving a modern epidemic. A driver who is texting, talking on the phone, or adjusting their GPS is not paying attention to the road. For a motorcyclist, a moment of inattention from another driver can be fatal.
• Road Hazards: Potholes, loose gravel, uneven pavement, and debris can be minor annoyances for a car but can cause a motorcyclist to lose control. Government entities responsible for road maintenance can sometimes be held liable if their negligence in maintaining safe road conditions led to the accident.
• Rear-End Collisions: While less common than for cars, when a motorcycle is struck from behind, the results are catastrophic. These accidents often occur when a driver is following too closely or is not paying attention to slowing traffic.

What Compensation Can I Recover in a MA Motorcycle Accident Claim?

If you were injured due to another's negligence, you are entitled to seek compensation for your losses. A successful motorcycle accident claim can help you recover damages that fall into two main categories:

Economic Damages

These are the tangible, calculable financial losses you have incurred. They include:

• Medical Expenses: All costs related to your injuries, including emergency room visits, hospital stays, surgeries, physical therapy, medication, and any future medical care you may require.
• Lost Wages: Compensation for the income you have lost while unable to work.
• Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn an income in the future, you can be compensated for this loss.
• Property Damage: The cost to repair or replace your motorcycle, helmet, and any other damaged gear.

Non-Economic Damages

These damages compensate you for the intangible, personal losses that don't have a specific price tag but are just as real. They include:

• Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress caused by the accident and your injuries.
• Emotional Distress: This can include anxiety, depression, fear, and post-traumatic stress disorder (PTSD) resulting from the traumatic event.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships you once enjoyed, you can be compensated for this loss.
• Scarring and Disfigurement: Permanent scarring, especially from road rash or surgery, can have a profound psychological impact and is a compensable damage.

How Is Fault Determined in a Massachusetts Motorcycle Crash?

Massachusetts follows a modified comparative negligence rule. This means you can still recover damages even if you were partially at fault for the accident, as long as your share of the blame is not 51% or more.

If you are found to be partially at fault, your final compensation award will be reduced by your percentage of fault. For example, if you are awarded $100,000 but are found to be 20% at fault, your award would be reduced by $20,000, and you would receive $80,000.

Determining fault involves a thorough investigation. Insurance companies will conduct their own analysis, which is why it is so important to have a skilled motorcycle accident attorney on your side. Your attorney will gather evidence to build a strong case proving the other party's liability, including

• The official police report
• Witness statements
• Photos and videos from the scene
• Expert analysis from accident reconstructionists
• Traffic camera footage, if available

Is Wearing a Helmet Mandatory for All Motorcycle Riders in Massachusetts?

Yes. Massachusetts law (M.G.L. c. 90, § 7) requires that all motorcycle operators and passengers wear a helmet that meets federal safety standards.

Even with this law, insurance companies may try to argue that your failure to wear a helmet—or wearing one that wasn't compliant—contributed to your head injuries. This is a tactic used to reduce the amount they have to pay. An experienced motorcycle accident attorney can fight back against these arguments, especially if your injuries were not related to your head, by keeping the focus on the negligent driver who caused the crash in the first place.

What Is the Time Limit for Filing a Motorcycle Accident Claim in Massachusetts?

In Massachusetts, the statute of limitations for most personal injury claims, including those from motorcycle accidents, is three years from the date of the accident.

While three years may seem like a long time, it is essential to act quickly. Building a strong motorcycle accident claim takes time. Evidence can disappear, witnesses' memories can fade, and critical deadlines can be missed. The sooner you contact an attorney, the better your chances of preserving the evidence needed to build a successful case. Waiting too long could result in your claim being permanently barred, no matter how strong it is.

Need Legal Help? Call Brandon J. Broderick Today

The path to recovery after a motorcycle accident is very challenging. You should be focused on healing, not on fighting with insurance companies. At Brandon J. Broderick, Attorney at Law, we are dedicated to championing the rights of injured motorcyclists across Massachusetts. We understand the biases you face and have the experience and resources to overcome them.

Our team will handle every aspect of your motorcycle accident claim, from investigating the crash and gathering evidence to negotiating with insurers and, if necessary, taking your case to trial. We are committed to fighting for the maximum compensation you deserve.

Contact us today for a free, no-obligation consultation. Let us put our expertise to work for you so you can focus on what matters most—getting your life back on track.