Motorcycle enthusiasts live for the freedom and exhilaration of riding on the open road. Unfortunately, other negligent drivers may cause severe accidents, leading to painful injuries for motorcycle riders. If you were injured this way, you may be entitled to fair financial compensation from the negligent driver.
While Massachusetts enforces no-fault insurance laws for car accidents, they usually do not apply to motorcycle accidents, and you may need to file a third-party claim with the other driver’s insurance. To start your case, we must collect records and evidence about the crash, your injuries, and your damages. Your damages may include numerous economic costs in addition to non-economic injuries, like pain and suffering. Talk to a lawyer about your case soon, as your time to file might be running out.
Receive a free, private legal evaluation from our motorcycle accident attorneys when you call the Law Office of John J. Sheehan at (617) 925-6407.
How Motorcycle Accidents Can Happen
It is normal for motorcycle riders to be unsure how their accidents occurred. Many riders do not recall the crash or have a fuzzy recollection. Determining what happened may help us figure out who is to blame and how to find evidence.
Motorcycle crashes often stem from inattentive drivers in cars. Many are under the mistaken impression that most accidents are caused by motorcycle riders, as they have an unfair reputation for being dangerous on the road. In reality, riders tend to be more careful because they know how risky riding a motorcycle can be, while drivers in cars often disregard riders’ safety.
Speed is another major factor in motorcycle accidents. Riders may be easily thrown from their bikes if a driver strikes them while traveling at a high rate of speed. Even a relatively low rate of speed that might not lead to a serious accident for a car might be disastrous for a motorcycle rider.
Dealing with Insurance After a Motorcycle Accident in Worcester
Insurance is notoriously complicated, and motorcycle accident cases are no exception. Whether you choose to pursue an injury case in court may depend on the outcome of an insurance claim. If your claim is denied, talk to an attorney about taking other legal action.
In Massachusetts, no-fault insurance laws under Mass Gen. Laws Ch. 231 § 6D do not cover motorcycle crashes, and injured riders may need to file third-party claims with the other person’s insurance. Since this is not a no-fault claim, you must be prepared with evidence demonstrating how the other driver caused the accident.
While it is not required, motorcycle riders may choose to purchase MedPay insurance, an optional policy that riders may use as an alternative to PIP insurance. It covers at least $5,000 of your medical costs, and depending on the policy you purchase, you may have more coverage.
If the insurance company denies your claim or you are offered an insufficient settlement, you should talk to your attorney about filing a lawsuit.
Records Needed to Prove Your Motorcycle Accident Case
Records and evidence may help us back up your claims, and having the right records is key. Your evidence may include medical information, records of expenses, and documentation of the accident scene.
You should get immediate medical care after a motorcycle accident because you might have extremely serious injuries and need urgent care. In addition, you need to establish medical records that document your injuries. These records may shed light on how badly you were hurt, the costs of treatment, and even how the injuries occurred.
Motorcycle collisions often lead to significant property loss, and our motorcycle accident lawyers should collect records to prove how much you have lost. Records of vehicle repairs and other expenses, such as lost personal items, should be obtained to help prove your damages.
If you recorded any information about the accident scene itself, we should use it to support your case. Documentation of the accident scene, including photos, videos, may help us prove how the accident happened and why the defendant should be held liable.
Available Damages in Worcester Motorcycle Accident Cases
Damages are unique to each plaintiff, and your specific damages may include numerous losses and injuries amounting to substantial financial compensation.
Non-economic damages are a major category of compensatory damages present in many motorcycle accident cases. They often include serious physical pain, mental and emotional distress or suffering, humiliation, loss of enjoyment of your life, and reductions in your quality of life. The more severe the accident is, the more likely you are to claim significant non-economic damages.
Losses and injuries that take a financial toll on plaintiffs may be counted among their economic damages. Medical expenses and costs to repair or replace your damages motorcycle might be astronomical. Additionally, you might have lost personal items in the accident and be so injured that you cannot continue working. These costs and the value of your lost income should also be accounted for.
How Much Time You Have to File a Motorcycle Accident Case in Worcester
A motorcycle accident case in Worcester might take much time and effort to prepare, and your time to get ready is limited. If you cannot file your case within the limitation period set by the statute of limitations, you may not file it at all, barring special circumstances.
Your claim may be limited by the statute of limitations under Mass. Gen. Laws Ch. 260 § 2A. Generally, plaintiffs have 3 years to file their claims, and the limitation period begins on the day of the accident.
Your time to file may be different under special circumstances. If you were injured in a hit and run accident, you may file your case within 6 months of learning the defendant’s identity, according to § 4B. It may take some time to track down the defendant in such a case, and your time to file may be extended past the ordinary limitation period.
Speak to Our Worcester Motorcycle Accident Lawyers for Help
Get a free, confidential legal assessment from our motorcycle accident lawyers when you call the Law Office of John J. Sheehan at (617) 925-6407.