Dealing with the aftermath of a motorcycle accident can be incredibly challenging, especially when you or a loved one are injured. The path to recovery can be overwhelming as medical bills pile up, work is missed, and the uncertainty of the situation persists. It’s a distressing time, and it can be even more so when the accident was caused by someone else’s negligence.

In such cases, having a dedicated legal advocate on your side can make a significant difference. An experienced motorcycle accident attorney can ensure your rights are protected and help you navigate the complex legal landscape. At the law office of Brandon J. Broderick, we prioritize honest and open communication with our clients, providing you with the support you need during this difficult time.

We understand the financial strain an accident can cause, which is why we handle cases on a contingency basis. This means there are no upfront costs, and we only get paid if we win your case. Our commitment is to secure the best possible settlement for you, giving you peace of mind and allowing you to focus on your family and your recovery.

Without filing legal a claim, insurance companies might offer settlements that are far below what you need, potentially leaving you to cover additional expenses out of pocket. We encourage you to contact our Massachusetts law office immediately so we can assist you in overcoming these challenges.

Our promise is to dedicate all of our resources to fighting to protect your rights and secure the compensation you deserve. We have helped many others in similar situations navigate these tough times and achieve favorable outcomes. Reach out to us today at (877) 640-5611 to discuss the specifics of your case.

As you consider your options, know that we are here to provide compassionate and effective legal representation and are ready to stand by your side.

Recover Compensation for Your Current and Future Medical Costs and Injuries

A severe motorcycle accident can lead to life-altering injuries due to the minimal protection motorcycles offer compared to typical automobiles. This increased vulnerability heightens the risk of serious injuries and fatalities. In such cases, it’s crucial to consider your rights and future needs carefully. Insurance companies often rush to settle for the least amount possible, but you need sufficient time to assess the full extent of your injuries, their impact on your future earnings, quality of life, and current expenses.

Experienced Team of Trial Attorneys and Skilled Negotiators

At Brandon J. Broderick, Attorney at Law, our experienced team of trial attorneys and skilled negotiators will manage all communications with insurance companies and other parties on your behalf. We understand that insurance companies often offer inadequate compensation or may refuse to cover your damages fully. We are committed to aggressively pursuing the compensation you deserve. If a fair settlement cannot be reached through negotiations, we will not hesitate to take your case to trial and fight to win.

At Brandon J. Broderick, Attorney at Law, We Stand By Your Side

While you focus on recovery, we will handle every aspect of your case, alleviating your worries and defending your legal rights. Contact us for a free consultation, and let our proven track record of success and results work in your favor. You’ve suffered enough. Let’s ensure the law works for you.

What Should I Do Immediately After a Massachusetts Motorcycle Accident?

  1. Check for Injuries and Call 911: First, assess your condition and that of any passengers or others involved. Even if injuries seem minor, it's crucial to call 911 for emergency medical assistance and to report the accident. Immediate medical attention is vital for any injuries that may not be immediately apparent due to shock.
  2. Move to Safety: If it's safe to do so, move yourself and your motorcycle out of the flow of traffic to prevent further accidents or injuries. If moving the motorcycle is not possible, try to get yourself to a safe location nearby.
  3. Document the Scene and Collect Evidence: Once you are safe, document the accident scene thoroughly. Use your phone to take photos and videos of the accident scene, your injuries, damage to your motorcycle, and any other vehicles involved. Capture skid marks, road conditions, traffic signs, and any relevant environmental details
  4. Exchange Information With Everyone Involved in the Accident: Collect the contact information of other parties involved, including their names, phone numbers, home addresses, driver’s license numbers, license plates, vehicle information, and insurance details. Also, get contact information for any witnesses who saw the accident occur.
  5. File a Police Report: When law enforcement arrives, provide them with a detailed account of what happened. Ensure that an official police report is filed, as this will be crucial evidence for your insurance claim and any legal action you may need to take.
  6. Seek Medical Attention: Even if you do not feel seriously injured, seek medical attention as soon as possible. Some injuries, such as concussions or internal injuries, may not show immediate symptoms. A thorough medical examination will document your injuries, which is essential for any insurance claims or legal action
  7. Notify Your Insurance Company and Consult With a MA Motorcycle Accident Attorney: Report the accident to your insurance company as soon as possible. Provide them with all necessary details and cooperate fully with their investigation. Be cautious about giving recorded statements without consulting an attorney, as insurance companies may use them against you. Consider consulting with an experienced motorcycle accident attorney before making any formal statements or accepting settlements from insurance companies. An attorney can help protect your rights, navigate the legal complexities, and ensure you receive fair compensation for your injuries and damages

By following these steps, you can protect your health, rights, and potential legal claims after a motorcycle accident in Massachusetts.

What Are the Most Common Causes of Motorcycle Accidents in Massachusetts?

Motorcycle accidents in Massachusetts, like in many other states, are often the result of a combination of factors. Understanding these common causes can help in preventing accidents and ensuring safer riding practices.

Here are some of the most common causes:

1. Driver Negligence

  • Unsafe Lane Changes: Many motorcycle accidents occur when other drivers change lanes without checking their blind spots or signaling properly. Motorcycles are smaller and less visible, making them more susceptible to being overlooked by car drivers.
  • Distracted Driving: Drivers who are distracted by their phones, eating, or other activities can fail to notice motorcyclists, leading to collisions.
  • Following Too Closely: Tailgating can be particularly dangerous for motorcyclists, as they have less protection and are more likely to be thrown from their bike if struck from behind.
  • Lane Splitting: Riding between two lanes of traffic, known as "lane splitting," is illegal in Massachusetts. This practice is particularly hazardous for riders who lack experience.

2. Road Hazards

  • Potholes and Debris: Uneven road surfaces, debris, and potholes pose significant risks to motorcyclists, who can easily lose control when encountering these obstacles.
  • Wet or Icy Roads: Adverse weather conditions can make roads slick and hazardous for motorcyclists, increasing the risk of losing traction and skidding.

3. Speeding

  • Excessive Speed: Both motorcyclists and car drivers traveling at high speeds have less time to react to sudden changes or obstacles on the road, leading to a higher likelihood of accidents and more severe injuries when they occur.

4. Driving Under the Influence

Alcohol and Drugs: Impaired driving is a leading cause of motorcycle accidents. Alcohol and drugs affect a driver's reaction time, judgment, and coordination, which are critical for safe driving.

5. Inexperienced Riders

  • Lack of Experience: Inexperienced motorcyclists are more prone to making errors in judgment, such as misjudging the speed of oncoming traffic or failing to handle their bike properly in emergency situations.

6. Failure to Yield

  • Right-of-Way Violations: Many motorcycle accidents happen when other vehicles fail to yield the right-of-way to motorcyclists at intersections or while merging.
  • Left Turn Accidents: Drivers who run red lights frequently cause collisions with motorcycles and cars that are in the process of making a left turn.

7. Car Doors

Dooring: Accidents occur when drivers or passengers open car doors without checking for approaching motorcyclists, causing the motorcyclist to crash into the door.

8. Mechanical Failures

Bike Defects: Mechanical issues such as brake failures, tire blowouts, or other defects can lead to accidents if not properly maintained.

Understanding these common causes can help motorcyclists and other drivers in Massachusetts take preventive measures to reduce the likelihood of accidents. Ensuring that both vehicles and riders are in optimal condition, staying vigilant, and adhering to traffic laws are crucial steps towards enhancing road safety.

What Are the Most Common Injuries From Motorcycle Accidents in MA?

Motorcycle accidents in Massachusetts often result in a range of injuries, many of which can be severe due to the lack of protective barriers compared to other vehicles. Here are some of the most common injuries sustained in these accidents:

1. Head Injuries

Head injuries, including concussions and traumatic brain injuries (TBIs), are among the most serious consequences of motorcycle accidents. Despite the mandatory helmet laws in Massachusetts, the impact from a crash can still cause significant head trauma. Symptoms can range from mild headaches to severe cognitive impairment or even permanent disability.

2. Spinal Injuries

Spinal cord injuries can result in partial or complete paralysis, depending on the severity and location of the injury. These injuries often require extensive medical treatment and long-term rehabilitation. In some cases, they can lead to permanent disability and a significant change in quality of life.

3. Fractures and Broken Bones

Due to the force of impact during a collision, motorcyclists frequently suffer from broken bones. Common fractures include those of the arms, legs, wrists, and ribs. These injuries often necessitate surgery, physical therapy, and extended recovery periods.

4. Road Rash

Road rash occurs when the skin scrapes against the pavement, causing painful abrasions that can range from mild to severe. Severe road rash may require skin grafts and can lead to infection if not properly treated. Protective gear can help minimize, but not completely prevent, this type of injury.

5. Internal Injuries

Internal injuries, such as damage to organs or internal bleeding, can be life-threatening and may not be immediately apparent after an accident. A prompt medical evaluation is crucial to identify and treat these injuries and prevent further complications.

6. Limb Injuries

Injuries to the limbs, including severe bruising, lacerations, and amputations, are also common. These injuries can result in significant loss of function and may require prosthetics or reconstructive surgery.

7. Soft Tissue Injuries

Soft tissue injuries, such as sprains, strains, and contusions, can cause significant pain and limit mobility. While they may not be as immediately apparent as fractures or head injuries, they can still require substantial treatment and rehabilitation.

8. Psychological Trauma

The psychological impact of a motorcycle accident should not be underestimated. Victims often experience anxiety, depression, and post-traumatic stress disorder (PTSD) following a traumatic event. Psychological support and therapy may be necessary to address these issues.

These common injuries highlight the importance of wearing appropriate protective gear and adhering to traffic laws to minimize the risk of serious harm. If you or a loved one is involved in a motorcycle accident, it is crucial to seek immediate medical attention and consult with a legal professional to explore your options for compensation and recovery.

Massachusetts Motorcycle Accident Statistics

In 2023, Massachusetts experienced approximately 2,000 motorcycle accidents, highlighting the ongoing risks faced by motorcyclists in the state. These accidents resulted in numerous injuries and fatalities, with motorcyclists accounting for a disproportionate number of severe traffic incidents compared to other vehicle types.

Major Cities and Accident Statistics

1. Worcester: 62 motorcycle accidents

2. Boston: 55 motorcycle accidents

3. Springfield: 49 motorcycle accidents

4. New Bedford: 45 motorcycle accidents

5. Fall River: 40 motorcycle accidents

The statistics underscore the importance of safety measures such as helmet use, obeying traffic laws, and avoiding risky behaviors like speeding and impaired driving. Efforts to improve road conditions and rider education can also contribute to reducing the frequency and severity of motorcycle accidents in Massachusetts.

For more detailed statistics and safety recommendations, you can visit the Massachusetts Department of Transportation's (MassDOT) crash data portal.

What Kind of Compensation Can I Expect After a Massachusetts Motorcycle Accident?

After a motorcycle accident in Massachusetts, the type and amount of compensation you can expect to receive will depend on several factors, including the severity of your injuries, the extent of property damage, and the degree of fault attributable to each party involved. Here are the main types of compensation you may be entitled to:

Economic Damages in MA Motorcycle Accident Settlements

The economic damages awarded to you will be calculated based on the financial losses you have suffered due to the accident. This includes compensation for both actual and projected wage losses during your treatment and rehabilitation period. Additionally, economic damages encompass the total cost of your medical expenses, covering both past and future medical bills.

Medical Expenses

Compensation for medical expenses typically covers:

  • Emergency Room Visits: Costs for initial treatment following the accident.
  • Hospital Stays: Expenses for surgeries, overnight stays, and intensive care.
  • Ongoing Medical Treatment: Costs for follow-up visits, physical therapy, and rehabilitation.
  • Medication: Prescription drugs required for recovery.
  • Assistive Devices: Costs for wheelchairs, crutches, or other medical aids.

Lost Wages

If your injuries prevent you from working, you may be compensated for lost wages. This includes:

Current Lost Income: The wages you lost from the time of the accident until you are able to return to work.

Future Lost Income: If your injuries result in long-term or permanent disability, you can claim compensation for future lost earnings.

The more severe your injury, the higher your medical expenses and other associated losses are likely to be, which can complicate negotiations. This highlights the importance of hiring a MA motorcycle accident attorney to handle all negotiations with the opposing party. When pursuing a high-value claim with the support of legal counsel, insurance adjusters are more likely to take your case seriously. This gives you a better chance of negotiating a fair settlement or securing a favorable verdict in court.

How Are Ongoing or Future Medical Expenses Estimated?

If your treatment is expected to be ongoing or prolonged, especially for severe injuries, your claim may include compensation for future medical expenses. Understanding the full extent of your injuries and the potential for future costs is crucial. Your settlement offer should encompass both current and future medical expenses to ensure comprehensive compensation for your needs.

Calculating these future costs can be challenging. A lawyer will typically enlist medical experts to provide testimony on the victim's injury and its long-term prognosis. These professionals can assess the severity and future implications of the injury. Additionally, to determine lost and anticipated income, an economist or another relevant expert may be consulted. Hiring a motorcycle accident law firm that can bring in such experts will significantly strengthen your case, especially if you have sustained severe injuries with lasting effects. Future expenses might include medication, nursing care, lost wages, and compensation for services you can no longer perform independently.

It is important not to accept a settlement offer too quickly, particularly if it seems low. Ensure that all losses related to your injuries are thoroughly evaluated before considering any settlement. If you are still receiving medical care and may require surgery or additional treatments in the future, accepting an initial settlement offer might leave you responsible for any further expenses. Therefore, having a detailed understanding of the necessary compensation to cover your losses is essential.

Non-Economic Damages in MA Motorcycle Accident Settlements

In claims for injuries resulting from motorcycle accidents, noneconomic damages are frequently awarded, although they are more challenging to quantify. Noneconomic damages refer to the physical and mental suffering a victim endures due to their injuries, independent of any financial loss. This can include pain and suffering caused by conditions like depression, PTSD, mental anguish, or other psychological impacts.

Pain and Suffering

This compensation is intended to cover the physical pain and emotional distress caused by the accident. Factors influencing the amount include:

  • Severity of Injuries: More severe and long-lasting injuries typically result in higher compensation.
  • Impact on Quality of Life: How the injuries affect your ability to perform daily activities and enjoy life.

Insurance companies will carefully assess the severity and permanence of your physical injuries. Each settlement and case is unique; for example, a traumatic brain injury would warrant higher compensation for pain and suffering compared to a sprained ankle due to the greater severity and long-term impact. Insurance companies typically use a multiplier method, where they multiply your medical expenses by a factor between one and five to calculate pain and suffering damages. More severe or permanent injuries tend to result in a higher multiplier. In these situations, having an experienced motorcycle accident attorney is crucial to navigate the complexities and effectively justify the compensation you are pursuing. Their expertise will help ensure that you receive a fair and comprehensive settlement.

Is It Possible to Pursue a Wrongful Death Claim in Massachusetts in the Event of a Fatal Motorcycle Accident?

Yes, it is possible to pursue a wrongful death claim in Massachusetts following a fatal motorcycle accident. A wrongful death claim can be filed by the family or the estate of the deceased if the death was caused by the negligent or wrongful act of another party.

Who Can File a Wrongful Death Claim?

In Massachusetts, the wrongful death statute specifies that the executor or administrator of the deceased person's estate must file the claim. This individual is typically named in the deceased's will or appointed by the court if no will exists.

Grounds for a Wrongful Death Claim

To succeed in a wrongful death claim, it must be proven that the death resulted from the defendant's negligence, recklessness, or intentional act. Common scenarios in motorcycle accidents include:

  • Negligent Driving: Such as speeding, distracted driving, or failing to yield.
  • Reckless Driving: Including aggressive driving behaviors or road rage.
  • Defective Motorcycle Parts: If the accident was caused by a defect in the motorcycle, the manufacturer could be held liable.

Types of Damages

Damages awarded in a wrongful death claim can include:

  • Medical Expenses: Costs incurred due to the accident before the death.
  • Funeral and Burial Costs: Expenses related to laying the deceased to rest.
  • Loss of Income: Compensation for the loss of the deceased's future earnings.
  • Loss of Consortium: Compensation for the loss of companionship, care, and support.
  • Pain and Suffering: Damages for the emotional distress suffered by the deceased before death and the grief experienced by the family.

Statute of Limitations

Under Mass. Gen. Laws Ann. ch. 229, § 2, the statute of limitations for wrongful death litigation in Massachusetts is three years from the date of death. It is crucial to adhere to this timeframe to avoid losing the right to seek compensation.

Given the complexities involved in wrongful death claims, it is highly advisable to seek the assistance of an experienced attorney. A skilled lawyer can help navigate the legal process, gather necessary evidence, and advocate on behalf of the deceased's family to ensure fair compensation.

Pursuing a wrongful death claim in Massachusetts following a fatal motorcycle accident is a legal avenue available to the family or estate of the deceased. It aims to provide financial relief and a sense of justice for the loss suffered due to another party's negligent or wrongful actions. Legal guidance can significantly enhance the chances of a successful claim.

How Long Do I Have to File a Motorcycle Accident Claim in Massachusetts?

In Massachusetts, the statute of limitations for filing a motorcycle accident claim varies depending on the type of claim being pursued.

For personal injury claims resulting from a motorcycle accident, you have three years from the date of the accident to file a lawsuit. This period allows you to seek compensation for injuries, medical expenses, lost wages, and pain and suffering. If you are filing a claim for property damage, such as damage to your motorcycle or other personal property, the statute of limitations is also three years from the date of the accident.

In the tragic event that a motorcycle accident results in death, the family or estate of the deceased has three years from the date of death to file a wrongful death claim. This time frame allows for the pursuit of compensation for medical costs incurred before death, funeral expenses, loss of income, and loss of companionship.

Filing your claim within the statute of limitations is crucial. If you miss the deadline, you may lose your right to seek compensation, regardless of the severity of your injuries or the strength of your case. It is advisable to consult with an experienced motorcycle accident attorney, such as Brandon J. Broderick, Attorney at Law, as soon as possible to ensure all legal deadlines are met and to build a strong case.

How Can I Prove Fault in a Massachusetts Motorcycle Accident?

Motorcycle accidents are subject to the same legal principles as automobile collisions when it comes to determining fault and assessing negligence. All drivers are responsible for operating their vehicles safely. If a motorist violates a motorcyclist's right-of-way, they are typically deemed liable for the accident. It's noteworthy that in two-thirds of motorcycle-vehicle collisions, the other driver is at fault. Additionally, 70 percent of motorcycle accidents involving another vehicle occur at intersections.

In some cases, a commercial vehicle driver may collide with a motorcycle while performing work-related duties. In such instances, the employer of the driver may be partially liable for the accident. Furthermore, if a motorcycle manufacturing defect contributes to the accident, the manufacturer could also be held responsible for any resulting injuries.

Under Massachusetts' modified comparative negligence law (G.L. c. 231, § 85), if you are partially at fault for your injuries, your final damages award may be reduced by your percentage of fault. If you are found to be more than 51 percent at fault, you may be barred from recovering any compensation.

Each motorcycle accident is unique, and determining liability can be complex. It is advisable to contact an experienced Massachusetts motorcycle accident lawyer as soon as possible to help establish fault and navigate the legal process.

Do I Need to Hire a Lawyer to File aMotorcycle Accident Claim in Massachusetts?

While it is not legally required to have a lawyer for a motorcycle accident claim in Massachusetts, having one can significantly improve your chances of receiving fair compensation and navigating the complex legal processes involved.

Expertise in Personal Injury Law

Motorcycle accident attorneys specialize in personal injury law and have a deep understanding of the legal framework and procedures in Massachusetts. They know how to handle the complexities of motorcycle accident cases, including gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Accurate Valuation of Your Claim

An experienced lawyer can accurately assess the value of your claim, taking into account all potential damages, including medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering. Without legal expertise, you might undervalue your claim and miss out on the compensation you deserve.

Negotiating with Insurance Companies

Insurance companies often aim to settle claims for the lowest amount possible. A lawyer can handle all communications with the insurance companies, using their negotiation skills to advocate for a fair settlement. They can also protect you from common tactics used by insurers to reduce the payout, such as disputing the severity of your injuries or the necessity of certain treatments.

Proving Liability and Building a Strong Case

Proving liability in a motorcycle accident can be challenging, especially if multiple parties are involved or if there are disputes about the facts of the case. A lawyer can gather and analyze evidence, such as police reports, medical records, witness statements, and expert testimony, to build a strong case on your behalf.

Handling Legal Procedures and Deadlines

Filing a motorcycle accident claim involves numerous legal procedures and strict deadlines. Missing a deadline or failing to follow the correct procedure can jeopardize your claim. A lawyer ensures that all paperwork is filed correctly and on time, allowing you to focus on your recovery.

Representation in Court

If a fair settlement cannot be reached, your case may go to trial. Having an experienced trial lawyer represent you in court can significantly improve your chances of obtaining a favorable verdict. They can effectively present your case, cross-examine witnesses, and counter the defense’s arguments.

While you can file a motorcycle accident claim on your own, hiring a lawyer offers numerous advantages that can help ensure you receive the full compensation you are entitled to. Their expertise, negotiation skills, and ability to navigate the legal system can make a substantial difference in the outcome of your case.

Brandon J. Broderick, Attorney at Law, Is Here to Help You After a Massachusetts Motorcycle Accident

If you or a loved one has suffered injuries in a motorcycle accident, we recognize how overwhelming and painful this experience can be. The road to recovery can seem daunting with mounting medical bills, lost wages, and the physical and emotional toll of the accident. At the law firm of Brandon J. Broderick, Attorney at Law, we are here to stand by your side during this tough time, providing compassionate and dedicated legal support. Our team is committed to ensuring that your rights are protected and that you receive the compensation you deserve to aid in your recovery and alleviate some of the burdens you are facing.

We believe that every client deserves honest, open communication and unwavering advocacy. By choosing our firm, you can rest assured that our team of experienced attorneys will devote 100% of our resources to your case, fighting tirelessly for your rights. We work on a contingency basis, meaning you won’t pay any upfront costs, and we only get paid if we win your case. Our goal is to give you peace of mind, allowing you to focus on healing while we handle the legal complexities. Let us help you navigate this challenging time and work towards a brighter, more secure future. Contact us today for a free consultation, and take the first step towards getting the support and justice you deserve.

We have multiple office locations across Massachusetts, including Barnstable, Boston, Brockton, Cambridge, Fall River, Haverhill, Lawrence, Lowell, New Bedford, North Attleborough, Springfield, and Worcester. Wherever you are in Massachusetts, our motorcycle accident attorneys will travel to you. Call (877) 640-5611

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