Wellesley, MA Motorcycle Accident Lawyer
Motorcyclists are at a high risk of injury during accidents with other vehicles. If a negligent driver hurt you in Wellesley, you may be able to bring a claim against them to recover compensation.
Motorcyclists might face issues with their recoveries if they do not prepare for possible comparative negligence defenses or fail to get immediate medical treatment for their injuries. Our lawyers can instruct you on the proper way to proceed after an accident to protect your recovery. For example, you should call the police so that officers can speak to all involved parties and create an accident report. After getting this report and reviewing it for accuracy, we can contact eyewitnesses and interview them. We may also get experts to testify during your lawsuit. Such individuals might be able to shed light on more complicated matters, like the permanency of your injuries or the accident’s true cause.
Call the Law Office of John J. Sheehan’s Wellesley, MA motorcycle accident lawyers to get a free case review at (617) 925-6407.
Common Issues with Motorcycle Accident Lawsuits in Wellesley, MA
While motorcycle accident cases vary, certain issues plague these types of lawsuits more often than others. For example, comparative negligence rules might lower victims’ recoveries if they are not careful. Furthermore, proving causation can be challenging if victims do not get instant medical care after collisions in Wellesley.
Comparative Negligence
Massachusetts is a modified comparative fault state. Because of the stereotypes and preconceived notions surrounding motorcyclists, their involvement in an accident might be highly scrutinized.
Under Mass. Gen. Laws Ch. 231, § 85 a victim can sue, provided their percentage of fault does not outweigh a defendant’s. Furthermore, if a victim is partially at fault, the court will lessen their damages proportionally.
According to Mass. Gen. Laws Ch. 90, § 7, all motorcyclists must wear helmets in Wellesley. Failure to wear a helmet might cause a head injury, which could be permanent or fatal. Engaging in any reckless or negligent behavior while riding your motorcycle, like lane splitting, could contribute to a crash and lower your damages, even if another party was more at fault.
To get around comparative negligence rules impacting your case, we can collect evidence that shows you did not contribute to the accident. Furthermore, even victims who act negligently might recover full compensation for their damages if a defendant had the last clear chance to avoid the accident and failed to do so.
Proving Causation
Another tricky hurdle to overcome is proving causation. This is the crucial link between the defendant’s negligent act and your specific injuries. To prove that your injuries were due to the motorcycle accident in question, go directly to the hospital from the scene. When you do this, you can generate medical records that confirm your injuries are new and not due to some other event or accident.
Do not aggravate your injuries in any way by engaging in risky physical activity or ignoring certain aspects of your treatment plan.
Getting the Police Report for Your Motorcycle Accident in Wellesley, MA
Motorcyclists should report all accidents to the police in Wellesley. Doing this lets you document the accident and ensure law enforcement collects the necessary information.
Police officers create accident reports for motorcycle crashes. In these reports, officers note an accident’s date, location, and time, as well as any suspected contributing or primary causes. Furthermore, officers will take down all involved parties’ information, including their names and insurance information.
We can help you get this report by requesting it from the Wellesley Police Department in the days following the accident. After getting the report, our motorcycle accident lawyers can review it in detail and compare its information to what we already know about the accident. For example, the police report might list eyewitnesses’ names and contact information, which we can use to get in touch with and interview eyewitnesses for your claim.
Be sure to tell police officers about your injuries so that they note them in the report. Be honest with the police, and do not leave the accident location until they arrive and you speak with them.
How Expert Witness Statements Can Help Your Wellesley, MA Motorcycle Accident Case
Our attorneys may get experts to testify to overcome issues with your case or strengthen it further. For example, accident reconstruction, medical, and mental health experts can give additional context and credence to your lawsuit, improving your chances of a successful recovery in Wellesley.
Accident Reconstruction Experts
Remembering how an accident occurred is one thing, but proving how it happened is another. Accident reconstruction experts can trace an accident’s cause by reviewing evidence left from the crash, such as impact points between vehicles, property damage to vehicles, and debris and skid marks left on the road.
To ensure accident reconstruction experts have enough information to review later on, take pictures at the accident location. Photograph property damage to your motorcycle and its location in relation to the negligent driver’s car.
Medical Experts
Medical experts can provide useful testimony concerning a victim’s future medical care and how much that treatment will cost. They can also explain some complicated aspects of a victim’s injuries, such as their anticipated recovery time. Testimony from such experts can help victims recover compensation for future medical expenses and lost wages, especially if experts testify to the permanent nature of victims’ motorcycle accident injuries.
Mental Health Experts
Traumatic accidents and injuries can have long-lasting psychological effects on victims in Wellesley. To strengthen your claim for pain and suffering damages, our attorneys can get mental health experts to assess you and testify about your decreased quality of life. Massachusetts does not limit non-economic damages in motorcycle accident lawsuits, which often bodes well for victims with serious injuries in Wellesley.
Call Us Today About Your Motorcycle Accident in Wellesley, MA
The Law Office of John J. Sheehan can assess your case for free when you call our motorcycle accident lawyers at (617) 925-6407.
