Motorcycle Accident FAQs

Massachusetts adheres to the modified comparative fault system. This means that someone involved in an accident can collect damages as long as they are found to be 50% or less at fault for the accident. To determine fault, insurance companies will review the details of the accident. Under Massachusetts code 211 CMR 74.00 which outlines Standards of Fault, several common scenarios for accidents are described. These examples indicate that the driver would likely be over 50% at fault for the accident.

The amount of compensation that you may be entitled to collect for your lost wages, medical bills, and pain and suffering will be based off the details of your case. An experienced member of the Atlman + Altman team can help review your case to ensure that you receive the compensation that you deserve.

If you believe that you are partly to blame for your accident, you should strongly consider contacting an attorney to help understand the options for your case. In Massachusetts, if you are found to be partly at fault, the total amount of damages that you could be awarded will decrease by the percentage that the court or insurance company determines you are at fault. This is known as comparative fault.

In Massachusetts, if a driver is involved in a hit and run and knowingly causes an injury to another driver and leaves the scene of the accident, they are guilty of a misdemeanor and could face up to six months in jail or a fine up to $1,000. Contact an experienced motorcycle attorney to ensure that you receive the damages that you are entitled to receive for your injuries.

You must file your lawsuit within 3 years of the date of your accident.

Compensation for accidents varies based off of the severity of the accident and your injuries. Your motorcycle accident attorney will be able to provide you with the best estimate for what your case is worth and the amount of compensation that you may be able to receive.

Common causes of motorcycle accidents include other vehicles veering into the path of motorcyclists (as well as during lane changes), lane splitting, uneven pavement, and head-on collisions.

The most common injuries include broken bones, back injuries, traumatic brain injuries, scarring, and road rash.

If the injuries from your accident prevent you from returning to work immediately or permanently, then you will likely be able to claim lost wages as damages. You’ll want to collect several pieces of information to support your claim including: documentation from your physician that details your condition and why you are unable to return to work, an opinion from your doctor about the length of your disability, your employment details including pay stubs and salary information. A member of our team can assist in gathering the information that you’ll need for your claim.

You can be compensated for compensatory or punitive damages. Compensatory damages include expenses incurred as a result of your injury which would include your medical expenses, lost wages, and pain and suffering. Punitive damages are only awarded in wrongful death suits, which must clearly prove that there was wrongdoing beyond negligence.

Massachusetts has very clear laws regarding wearing a helmet when operating a motorcycle which could limit the amount of damages you may have been entitled to receive. You are still able to bring a claim forward for damages, but note that the total amount that you may receive could be limited. Under comparative fault, your total damages may be reduced if it is determined that your injuries would have been less severe had you worn a helmet.

If the other driver involved in the accident is found to be at fault, then their insurance company should cover the cost of your repairs or to replace your motorcycle. If you are found to be at fault and have comprehensive coverage, then you will be able to file a claim with your insurance company and they should cover the cost of repairs or to replace it.

If you are found to be 51% or more at fault, then you will not be entitled to collect any damages in your case. If you are found to be partially at fault (or less than 50% at fault), then you are entitled to collect the total amount minus the percentage that you are at fault. So, if you are found to be 10% at fault and were entitled to collect $100,000, then you would be able to collect $90,000 and the other at fault driver in the case would not be entitled to collect anything.

Yes, motorcycle passengers can make a claim against a motorcyclist. Consult an attorney to discuss the details of your case and what your best options are for pursuing a lawsuit for damages.

If you were involved in an accident as a result of defective parts for your motorcycle, you may be able to collect damages from the manufacturer or a repair shop that was involved with installing the part.

You should discuss the details of your case with an experienced motorcycle attorney to determine whether you should accept a settlement. Your attorney will have the best understanding of what the value of your case is along with your injuries and whether the settlement will provide you with the compensation that you are entitled to receive.

Each state has its own laws around lane splitting. In Massachusetts, lane splitting is illegal.

Uninsured or Underinsured Motorist Coverage (UM or UIM) is supplemental coverage that all motorcyclists should consider carrying in addition to Massachusetts insurance requirements.can supplement the at-fault driver’s insurance coverage or lack of coverage. If the driver is uninsured and you do not have UM coverage, then you can sue the driver; however, this option is less likely to end in your receiving funds from the driver.