Navigating the aftermath of a motorcycle accident alone puts you at a distinct disadvantage against insurance companies and their legal teams. Partnering with Brooks Law Firm provides knowledgeable advocacy focused on your recovery and rights.

Thorough Investigation

We delve into the details of your accident, gathering police reports, witness statements, photos, videos, and other crucial evidence to establish fault. If needed, we may work with accident reconstruction professionals.

We meticulously collect and analyze medical records, employment information, and expert reports to fully document the extent of your injuries and financial losses.

Legal Guidance

We explain your rights and legal options in clear, understandable language, keeping you informed at every stage. We handle all legal procedures, filings, and deadlines.

We understand the unfair biases riders sometimes face and proactively work to overcome them by presenting clear evidence of negligence and demonstrating the accident’s impact.

Skilled Negotiation and Litigation Readiness

Your Massachusetts motorcycle accident lawyer handles all communications and negotiations with insurance adjusters, countering lowball offers and advocating forcefully for a fair settlement that reflects the true value of your claim.

While many cases settle out of court, we prepare every case as if it might go to trial. We are ready to represent your interests in court if a fair settlement cannot be reached.

Client Support

We recognize the immense physical, emotional, and financial toll a motorcycle crash takes on Massachusetts riders. Our team provides compassionate support and clear communication, allowing you to focus on healing.

While accidents happen for various reasons, many motorcycle collisions stem from the negligence of other motorists. Common causes include:

• Cars Turning Left: Drivers often misjudge the speed or distance of an oncoming motorcycle when making a left turn, leading to devastating collisions.
• Unsafe Lane Changes: Drivers failing to check blind spots adequately before changing lanes frequently strike motorcyclists.
• Car Door Openings: Drivers or passengers opening doors (dooring) into the path of a motorcycle without looking cause serious hazards.
• Driving Under the Influence (DUI): Impaired drivers have reduced reaction times and poor judgment, significantly increasing the risk of causing an accident.
• Speeding: Drivers exceeding speed limits or engaging in reckless maneuvers lack the time to react safely to motorcycles sharing the road.
• Distracted Driving: Texting, talking on the phone, or other distractions distract a driver from the crucial task of driving safely.
• Road Hazards: Poorly maintained roads, construction zones without proper warnings, debris, or oil slicks pose a greater danger to motorcycles than to cars.

The lack of physical protection means motorcycle accident injuries are often severe and widespread. Prompt medical attention is vital, not only for health but also for documenting the harm caused.

Common injuries include:

• Traumatic Brain Injuries (TBIs): Even with a helmet, riders might sustain concussions or more severe TBIs, leading to cognitive, physical, and emotional challenges.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring lifelong care.
• Road Rash: This friction burn occurs when skin scrapes against the pavement. Severe road rash can involve multiple skin layers, require skin grafts, and lead to infections and permanent scarring.
• Lower Extremity Injuries: Leg, knee, ankle, and foot fractures are common as riders try to brace for impact or get pinned under the bike.
• Internal Injuries: Impact forces might damage internal organs, leading to internal bleeding and other critical conditions that are not always immediately apparent.
• Fractures and Broken Bones: Arms, wrists, ribs, and collarbones are frequently broken in motorcycle accidents.
• Face Injuries: Riders might suffer facial fractures, dental injuries, or eye damage, especially if not wearing full-face protection.

The long-term impact of these injuries often extends beyond the physical pain, affecting a person’s ability to work, engage in daily activities, and maintain their quality of life. For those searching for legal help after a motorcycle crash, speaking with an experienced Massachusetts motorcycle accident lawyer can provide clarity on your options and a path toward rightful compensation.

A dedicated Massachusetts motorcycle accident attorney works to ensure compensation reflects these extensive damages.

Navigating a motorcycle accident claim requires understanding specific Massachusetts laws. Insurance companies are well-versed in these regulations and may use them to minimize payouts. 

Having knowledgeable legal representation helps level the playing field.

Statute of Limitations

In Massachusetts, you generally have three years from the date of the motorcycle accident to file a lawsuit seeking compensation for personal injuries. Missing this deadline means losing your right to sue for damages. 

While there are limited exceptions, it is crucial to act promptly. Consulting a motorcycle accident lawyer in Massachusetts soon after the crash helps preserve your legal options.

Comparative Negligence

Massachusetts follows a modified comparative negligence rule. This means that you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not more than 50%.

Your percentage of fault will reduce your total recovered damages. For example, if you are found 20% at fault, you can recover 80% of your total damages. 

If you are found 51% or more at fault, you cannot recover any damages from the other party.

Insurance companies evaluate accident claims to determine fair settlements based on the circumstances and applicable laws. A Massachusetts motorcycle crash lawyer fights against unfair allocations of fault.

Helmet Laws

Massachusetts law requires all motorcycle operators and passengers to wear helmets that meet specific safety standards. While failing to wear a compliant helmet is a violation, it doesn’t automatically prevent you from recovering damages for injuries caused by another’s negligence.

However, the defense or insurance company might argue that the failure to wear a helmet contributed to the severity of head injuries. An experienced lawyer knows how to address these arguments effectively.

Insurance Requirements and PIP

Massachusetts is a no-fault auto insurance state, meaning Personal Injury Protection (PIP) coverage typically pays for initial medical expenses and lost wages regardless of fault. However, PIP coverage generally doesn’t apply to motorcycles in Massachusetts. 

Motorcycle insurance policies typically include optional Medical Payments (MedPay) coverage, which functions similarly but often has lower limits.

Insurance adjusters work for the insurance company, not for you. Their objective is often to settle claims quickly and for the lowest amount possible. 

Understanding their approach helps you protect yourself.

Adjuster Goals and Strategies

The adjuster’s primary goal is to protect the insurance company’s bottom line by minimizing the amount paid on claims.

Here are common strategies that insurance adjusters use:

• Shifting Blame: They’ll look for any reason to assign fault to the motorcyclist, leveraging the comparative negligence rule to reduce or deny the claim. They might cite speed, lane positioning, or lack of protective gear, even without clear evidence.
• Seeking Recorded Statements: Adjusters may request recorded statements early on, hoping you might say something inconsistent or inadvertently admit partial fault that can be used against you later.
• Quick, Low Settlement Offers: They might offer a fast settlement before the full extent of your injuries and long-term costs are known. Accepting such an offer usually prevents you from seeking further compensation later, even if your condition worsens.
• Disputing Injury Severity: Adjusters may downplay the severity of your injuries or argue they resulted from a pre-existing condition rather than the accident.
• Delay Tactics: Sometimes, insurers may drag out the process, hoping you will become frustrated and accept a lower settlement.

Having a Massachusetts motorcycle wreck lawyer handle communications with the insurance company shields you from these tactics.

What Is the Deadline for Filing a Motorcycle Accident Lawsuit in Massachusetts?

Generally, you have three years from the date of the accident to file a personal injury lawsuit in Massachusetts. It’s crucial to contact a lawyer well before this deadline expires to ensure your rights are protected.

Can I Still Recover Compensation if I Was Partially at Fault for My Motorcycle Accident in Massachusetts?

Yes, under Massachusetts’ modified comparative negligence rule, you can recover damages if you are found 50% or less at fault. 

However, your compensation amount will be reduced by your percentage of fault. A Massachusetts motorcycle accident lawyer can help argue against unfair assignments of fault.

Do I Need a Massachusetts Motorcycle Accident Lawyer if the Insurance Company Already Made a Settlement Offer?

It’s best to consult an attorney before accepting any offer. Initial offers from insurance companies are often significantly lower than the actual value of your claim, especially before the full extent of your injuries and future needs are known. 

A Massachusetts motorcycle crash lawyer can evaluate the offer and negotiate for fair compensation.

What Types of Compensation Can I Seek After a Massachusetts Motorcycle Accident?

You may be able to pursue compensation for various losses, including current and future medical bills, lost wages, reduced earning capacity, pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and damage to your motorcycle and gear.

Does It Matter if I Wasn’t Wearing a Helmet During My Accident in Massachusetts?

While Massachusetts law requires helmet use, failing to wear one doesn’t automatically bar you from recovering compensation if another party was negligent. However, the defense may argue that it contributed to your head injuries. 

An experienced Massachusetts motorcycle accident attorney knows how to counter these arguments and focus on the negligence that caused the crash.

Recovering from a motorcycle accident is challenging enough without the added burden of fighting insurance companies and navigating the legal system alone. 

If you or a loved one suffered injuries in a motorcycle crash in Massachusetts due to another’s negligence, you deserve strong advocacy.

The legal team at Brooks Law Firm stands ready to help. We’re committed to fighting for the rights of injured motorcyclists and pursuing the fair compensation needed to move forward. 

Contact us today at (617) 245-8090 for a free, no-obligation consultation to discuss your situation and learn how a Massachusetts motorcycle accident lawyer from our firm can assist you.