Cambridge Motorcycle Accident Lawyer
Motorcycle accidents can be terrifying experiences. Other drivers tend to ignore or overlook motorcycles because of their smaller size, creating a higher risk of a crash or collision. If you were riding your motorcycle when you were hit by another vehicle, you can file a personal injury lawsuit to recover damages for your injuries. Your damages could cover medical expenses, the cost of replacing your bike, and physical and emotional pain and suffering. However, you must prove that the other driver was at fault for the accident to be successful.
Motorcycle accidents can be extremely serious, and riders can be gravely injured. Not only may you have to pay costly medical bills, but you may be unable to return to work to earn money to pay those bills. The person or people responsible for your accident should be held accountable and you should be compensated for your injuries. Through a personal injury lawsuit, you can recover the costs of your injuries so you can recover from your accident in peace.
If you have been injured in a motorcycle accident, you should consider filing a personal injury lawsuit to cover your numerous expenses. Reach out to our Cambridge motorcycle accident lawyers for assistance. Call the Law Office of John J. Sheehan at (617) 925-6407 for a free, confidential legal consultation.
Motorcycle Laws for Cambridge Motorcyclists and Drivers
Since motorcycles are unique vehicles able to operate at high speeds on major highways, state lawmakers have enacted certain specialized laws for motorcycle safety. If an injured motorcyclist is found to have violated one of these laws, it could be argued that the violation contributed to the cause of the injuries.
State requirements that could affect motorcycle accident cases include:
- Riders must ride single file while passing other vehicles, but are permitted to ride two abreast in the same lane, as per Gen. Laws Chap. 89, §4A
- Licensing requirements, including educational components
- Equipment requirements such as those involving safety lighting, rearview mirrors, seats, and brakes, as per MGL Chap. 90, §7
- Helmet use for riders and passengers, as per MGL Chap. 90, §7
In addition, the city of Cambridge has additional traffic regulations that may come into play. Motorcycle riders are required to follow the rules of the road just like any other driver. Also, other vehicles must respect motorcycle riders just like they would another car or truck. Accidents tend to happen when the drivers of cars or trucks disregard or ignore motorcycle riders. If you were involved in such an accident, call our Cambridge motorcycle accident lawyers.
Who Should I Sue After a Motorcycle Accident in Cambridge?
When filing a personal injury lawsuit, you should sue the person, people, or entity responsible for your accident and injuries. While this sounds simple, it is not always easy to determine who the appropriate defendant is.
In many cases, the appropriate defendant is another driver. However, if the other driver fled the scene of the accident in a hit-and-run, they may be difficult to track down. Also, in cases where there are multiple other vehicles involved in your motorcycle accident, it might be unclear which driver is to blame for the accident. In hit-and-run cases, you may have to rely on the police to track down the other driver. When dealing with multiple possible defendants, you can sue all of them and sort out fault later.
Sometimes, motorcycle accidents do not involve any other drivers, only the rider. In these cases, a personal injury lawsuit may arise if someone else’s negligence created unsafe driving conditions that caused the accident. For example, if a driver ahead of you dumped leaves and debris all over the road, that could have caused your motorcycle to slip. Similarly, if there was a manufacturing or design defect in your motorcycle, you may want to sue the company that manufactured the bike.
For help sorting out your defendant for your personal injury case, call our Cambridge motorcycle accident attorneys.
How to Prove Liability in a Cambridge Motorcycle Accident
It is essential to collect as much evidence as possible following an accident. In order to gather such information, it may be worthwhile to conduct an investigation, and work to preserve evidence so that it can be used in negotiations and, if necessary, in court. An attorney could help to identify witnesses, obtain police reports, and collect any relevant surveillance footage.
Proving fault or liability for a motorcycle accident can be tricky. Accidents usually happen very quickly and can be very traumatic. People involved in motorcycle accidents often say they cannot remember how the accident occurred and describe the event as a big blur. It may be necessary to find witnesses who can describe the accident. If there was a storefront nearby, there could be surveillance footage of the accident that may help prove who is at fault.
Traffic violations are also tell-tale signs of fault. Motorcycle riders are often struck by other vehicles whose drivers ran red lights or stop signs, were speeding, or otherwise failed to obey the rules of the road. If the other driver in your accident was cited by the police for unsafe driving, we may be able to use this is as proof of fault.
In addition, a motorcycle accident lawyer may calculate the amount needed to fairly compensate for past and future effects of the accident, and then analyze insurance coverage of the parties involved to determine what is available and whether it is adequate. The attorney may then issue a demand letter to the insurer and begin negotiations to obtain compensation. Throughout proceedings, a lawyer could advocate on your behalf and provide advice as to how to answer questions.
If the opposing parties cannot reach a settlement with appropriate compensation, an attorney could take the necessary steps to move forward to trial. Insurance companies want to pay as little as possible, so it is very helpful to have an experienced Cambridge motorcycle accident lawyer fighting for your fair compensation after an accident.
Damages and Injuries in Cambridge Motorcycle Accidents
The damages for a personal injury lawsuit after a motorcycle accident can cover physical, non-physical, economic, and non-economic damages. It is important to speak to a lawyer about damages before filing your lawsuit. You cannot recover any damages that you forgot to claim in your lawsuit.
Obviously, you can recover for your physical injuries and the medical costs that go along with them. The more serious your injuries and the higher your medical bills, the more money you can claim as damages. You may also recover lost wages from the time you missed at your job. If your injuries will prevent you from returning to work, you may also recover for lost future wages.
It is also possible to claim non-physical or non-economic damages. These are damages that may not be seen, nor do they come with a specific price tag. Pain and suffering are common non-economic damages claims. This can include the physical pain from your injuries and any mental or emotional suffering. We may have to consult with a doctor and other financial experts to determine how much your pain and suffering is worth. Talk to our Cambridge motorcycle accident lawyers about possible damages in your case.
How Long You Have to File a Personal Injury Lawsuit for a Motorcycle Accident in Cambridge
You have a limited amount of time after your motorcycle accident to file a personal injury lawsuit. This time limit is known as the statute of limitations. It is intended to prevent lawsuits from being filed when the events in question are too far remote. According to Mass. Gen. Laws Ch. 260 § 2A, in Massachusetts, the statute of limitations on most personal injury lawsuits, including motorcycle accidents, is three years.
In most cases, the three-year statute of limitations begins to run on the date of the accident. However, there are exceptions to the rule. You may be able to toll the statute of limitation, and thereby buy yourself some extra time, if you were unable to file a lawsuit due to a disability. A disability in this sense does not refer to a physical impairment. Instead, it refers to being incapable of filing the lawsuit. A person who was in a coma after a motorcycle accident would be incapable of suing until they recovered. You may toll the statute for the duration of your disability.
In the event of a hit-and-run, you may be able to toll the statute if you are unable to identify the defendant within the statutory period. However, you must exercise due diligence in trying to track down the defendant before you can toll the statute. However, once you identify the defendant, you have 6 months to file your claims under Mass. Gen. Laws Ch. 260 § 4B.
If you believe you may be approaching the deadline to file your lawsuit, contact our Cambridge motorcycle accident attorneys. We can help you file your lawsuit quickly and hopefully get you the compensation you deserve.
Contact Our Cambridge Motorcycles Accident Attorneys
If you are suffering from injuries from a motorbike crash, our Cambridge motorcycle accident lawyers could help you recover compensation for different consequences of the accident. You may be able to receive money to cover economic costs such as medical expenses, vehicle damage, and time lost from work. To learn about your options in a free consultation with our Cambridge personal injury lawyers, call (617) 533-0726 now.