Weymouth, MA Motorcycle Accident Lawyer
Many motorcycle accidents happen because of drivers’ negligence. For example, a rider may by struck by a distracted driver who committed a negligent lane change. Moreover, a devastating motorcycle crash may happen because a motorist ran a red light.
After being hit by a negligent driver, you may obtain payment for the injuries you sustained. However, there are several key elements that must be established in order to obtain damages in a motorcycle accident lawsuit. The team at our law firm can help build your case and fight for the full extent of payment you deserve.
If you were hurt because of a motorcycle crash in Weymouth, MA, get support from our experienced motorcycle accident attorneys by calling the Law Office of John J. Sheehan today at (617) 925-6407.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Weymouth, MA?
Time limits to file specific types of lawsuits are set forth by states’ statutes of limitations. According to Mass. Gen. Laws Ch. 260, § 2A, you will typically have to bring your motorcycle accident case to court within three years of the date your crash occurred. If you do not file on time, then the defendant may move to have your case dismissed.
Despite having three years from the date of your crash to file your claim, you should begin working on your case right away. As time passes, important evidence can deteriorate or become lost. For instance, witnesses can forget pertinent details and crucial documents can be misplaced. The more quickly you get in touch with our motorcycle accident attorneys, the more effectively our team can gather the information needed to support your case.
What if You Share Fault for Your Motorcycle Crash in Weymouth, MA?
There are situations where riders can share some of the blame for their accidents. For instance, someone may share fault for their crash if they were speeding when they were hit by a distracted driver. If you share blame for your collision, then you may still recover monetary damages from another party. However, the amount of payment you may recover can be limited.
Courts in Massachusetts will abide by the rules of modified comparative fault when apportioning damages in motorcycle accident cases. In other words, payment is assigned based on each party’s percentage of fault. As an example, if you are 20% responsible for your crash while the defendant is 80% to blame, then they will have to pay for 80% of the damages you incurred while you must account for what is left.
It is important to remember that if you are over 50% at fault for your collision, then you will be unable to obtain damages in a motorcycle accident lawsuit. The defendant in your case will likely attempt to shift blame for your crash. Our legal team will help build your case and prove that the defendant is at fault. Accordingly, you may be awarded the maximum amount of damages available in your case.
Proving Fault for a Motorcycle Crash in Weymouth, MA
In order for you to recover monetary damages in a motorcycle accident lawsuit, you must be able to prove that your collision happened because of the defendant’s negligence. There are several different types of evidence that you can use to accomplish this task.
Eyewitnesses can play a crucial role in providing firsthand accounts of motorcycle accidents. Their statements can describe the sequence of events, the actions of the parties involved, and any relevant factors leading up to the collision. Accordingly, eyewitness testimony can be used to support your version of events and establish fault for your crash.
Accident Scene Evidence
Physical evidence collected from the accident scene can provide valuable insights into how your collision occurred. This may include photographs or videos of the scene, tire marks, debris, and damage to vehicles or property. Accident reconstruction experts can analyze this evidence to determine factors such as the speed of the vehicles, point of impact, and the trajectory of the motorcycle. These findings can also be helpful when proving fault.
In some cases, surveillance cameras in the vicinity of the accident may have captured the collision or events leading up to it. Plaintiffs can obtain this footage to provide a visual record of the accident and to support their claims regarding the actions of the other party involved. Surveillance footage can be especially valuable when there are disputes about fault or conflicting accounts of the events.
Vehicle Data and Maintenance Records
Motorcycles and cars often come equipped with event data recorders (EDRs) or black boxes that collect and store data about the vehicle’s operation. This data can include information about speed, braking, acceleration, and other parameters. Plaintiffs can use this data to reconstruct the accident and demonstrate that the other party involved was operating their vehicle negligently. Additionally, maintenance records can reveal if there were any mechanical issues or failures that contributed to the accident.
Cell Phone Records
In cases where distracted driving is suspected, plaintiffs may seek the cell phone records of the other party involved. Phone records can reveal whether the driver was using their phone to talk, text, or engage in other activities at the time of the accident. This evidence can support claims of negligence and establish fault based on the other driver’s distraction.
Expert Witnesses Statements
Expert witnesses can provide professional opinions and analysis based on their specialized knowledge and experience. In motorcycle accident cases, expert witnesses such as accident reconstructionist experts, engineers, medical professionals, or human factors specialists can testify about the causes of the accident, the injuries suffered, and the role played by the other party’s negligence. Their testimony strengthens the plaintiff’s case and helps establish fault.
After Suffering a Crash in Weymouth, MA, You Can Call Our Motorcycle Accident Lawyers for Assistance
Seek guidance from our experienced motorcycle accident lawyers at the Law Office of John J. Sheehan today by dialing (617) 925-6407 for a free case review.