While motorcycle riders have a somewhat unfair reputation for being reckless daredevils, they are often not responsible for collisions. In reality, motorcycle crashes often happen because of negligent or inattentive drivers in cars. These drivers should be held accountable and made to cover the injured rider’s numerous damages.
After an accident, you may file an insurance claim, but your claim likely will not adhere to the no-fault laws that normally apply to car accident claims. Instead, you can file a third-party claim with the other driver’s insurance. Whether preparing an insurance claim or a lawsuit, you must gather strong evidence to support your claims and prove that the defendant is responsible. Exactly how long your case takes to complete depends on various facts surrounding your accident, and your attorney can help you prepare accordingly.
Our motorcycle accident attorneys with the Law Office of John J. Sheehan can offer a free case review when you call (617) 925-6407.
How Insurance Affects Your Motorcycle Accident Case
All drivers in Massachusetts are required to have auto insurance, and motorcycle riders are no different. While other drivers may apply their own no-fault insurance, the laws apply differently in motorcycle accident cases.
Massachusetts applies no-fault insurance laws that require drivers to carry personal injury protection (PIP) insurance that covers them after a crash. PIP coverage may apply without having to present evidence of fault, and it can help drivers get compensation faster and with less hassle. However, these laws do not apply to motorcycle accidents, and you may need to file a third-party claim with the other driver’s insurance and present evidence of their fault to the insurance company.
Another possibility is that you have MedPay to help you cover medical expenses. MedPay is an optional insurance policy that may cover medical expenses up to a certain amount. Like no-fault policies, you would file a claim with your own MedPay policy.
Insurance is known for being difficult, and many injured motorcycle riders might find their claims denied while their bills continue to pile up. In such a case, you should consider filing an injury lawsuit against the negligent driver who caused the accident.
How to Prepare a Lawrence Motorcycle Accident Case
The key to a successful civil action for damages is in the preparation. You need to collect evidence, evaluate your damages, and prepare the legal paperwork needed to get your case off the ground.
Evidence may come from numerous sources and has a habit of being unpredictable. You may collect evidence from the accident scene immediately following the crash, and our motorcycle accident lawyers may also interview witnesses and investigate for more details. Your evidence will be specific to your case, but common forms of evidence include photos and video from the crash, witness testimony, and medical records of your injuries.
Before we file your case, we need to know what damages you may claim and how much they are worth. If any damages are left unaccounted for, they may not be considered, and you might lose compensation. Medical bills, motorcycle repairs, lost income, and pain and suffering may represent a substantial amount of money.
We need as much information about your case to begin drafting a formal legal complaint. This is a crucial step that will significantly affect how your case plays out. The complaint must explain how the accident happened, your damages, why we believe the defendant should be held liable, and evidence to back up your claims.
How Soon You May Receive Fair Compensation for a Motorcycle Crash
Injury cases are known for taking a while to complete. Some plaintiffs spend months or even years steering their case through the courts before they see any compensation. How long your case takes may depend on your specific situation.
While some cases seem to drag on in the courts, others are completed relatively quickly. Many, if not most, civil cases end with private settlements rather than a trial. A settlement with the defendant may help you avoid a trial and get you compensation faster. The sooner you can reach a settlement with the defendants, the faster your case may be completed.
Certain factors surrounding the case might slow it down, and you may need to talk to your attorney about how long you might have to wait for compensation. If the facts are highly complicated, more investigation by the authorities might be necessary, and we might wait longer before your case even sees the inside of a courtroom.
How Long You Can Wait Before Filing Your Case
Preparing a civil case takes time, and your time to do so is limited. If you do not file your case within the time allotted by law, you might never recover fair compensation.
In Massachusetts, your time to file your case is limited by the statute of limitations under Mass. Gen. Laws Ch. 260 § 2A. You have only 3 years from the day the motorcycle accident happened to file your case with the courts. After that, your claims may be time-barred.
Determining Fault for Motorcycle Accidents in Lawrence
Figuring out who is responsible for a motorcycle accident is not always easy. Cases might involve multiple drivers, and fault may be unclear. In other cases, defendants claim that the plaintiff somehow contributed to the crash.
Drivers in cars often cause accidents with motorcycle riders through shockingly simple acts of negligence. A driver might be looking at their phone when they collide with a motorcycle rider, or they might not check their blind spot when merging and hit a motorcycle. Many accidents are related to basic traffic violations and are easily preventable.
If the defendant argues that you shared blame for the accident, the court may apply laws of contributory negligence. Under Mass. Gen. Laws Ch. 231 § 85, if you are deemed partially at fault, your damages may be reduced according to your share of blame. If you are 20% responsible, your damages may be reduced by 20%. However, if you are more than 50% responsible, you may be barred from recovery.
Our Lawrence Motorcycle Accident Lawyers Are Here to Assist You
Our motorcycle accident attorneys with the Law Office of John J. Sheehan can offer a free case review when you call (617) 925-6407.