If you ride your motorcycle regularly, then you understand the feeling while zipping down the road with nothing between you and the highway. However, the lack of protection adds to the potential of an accident to be severe.
Therefore, if you have been injured in a motorcycle accident because of another person’s negligence, you should speak to an experienced Brockton motorcycle accident lawyer.
It is our responsibility to identify and understand the complexities of your claim. It is our duty also to protect your rights and help you build strong litigation.
We will help you towards receiving the justice and compensation you rightfully deserve for your financial, emotional, and even physical losses.
Our firm is willing to speak with anyone facing any form of legal issues, including legal issues related to a motorcycle accident. Book your free case evaluation session with a Brockton auto accident lawyer by calling the Law Office of Robert C. Shea, P.C. through 508-506-5681 today.
I do not charge anything for the consultation.
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How Can A Brockton Motorcycle Accident Lawyer Help Me With My Compensation Claim?
When you contact a Brockton motorcycle accident lawyer, they will undertake many tasks to ensure your case succeeds. Remember, unlike many other forms of accidents like a car accident or a minor fender bender, motorcycle accident litigation is not as straightforward as one may think.
That is because when it comes to severe injuries like those that come after a motorcycle accident, things work differently.
Remember, an insurance company is not a charitable organization. For this reason, the insurance adjuster will want to save as much money as possible.
With this in mind, they will apply few techniques to either lower or deny your financial compensation, such as:
- Claiming that the injuries did not result from the accident
- Try to prove that your injuries cause fewer difficulties in your day to day activities than you claim
- Try to offer a low settlement than what your case is truly worth (mainly offer immediately after the accident)
- Try to prove that you are the liable party for the accident
To prevent all this, the Brockton motorcycle accident lawyer will begin by offering solid legal advice, collect evidence to prove your claims, evaluate the true worth of your compensation, look for expert witnesses, file and case representation, and much more.
What Are The Most Common Causes Of A Motorcycle Accident?
I understand the many challenges and dangers a motorcycle rider faces on the road. I also understand how serious motorcycle accidents can be. That is because motorcyclists lack protective structures, and this is why a motorcyclist is likely to suffer fatal injuries, especially if they are involved in a collision.
Sadly, many of these accidents are avoidable and can be prevented. The common causes of a motorcycle accident include:
- Road hazards
- Sudden stops
- Car doors
- Unexpected pedestrian
- Faulty mirrors, brakes, or lighting
- Drug or drunk driving
- Failure to pay attention (distracted driving)
Motorcycle Accident Statistics In Brockton, Massachusetts
The statistics, findings, and reports are taken from the NHTSA report, police accident report, and statewide emergency room report. These reports show that:
- There are over 160,000 registered motorcycles in Massachusetts
- There are approximately 1,600 motorcycle-related injuries and about 30 deaths every year in the state of Massachusetts
- Motorcycle accidents account for 1 in every 9 traffic deaths
- Alcohol is the leading cause of motorcycle accidents, which accounts for at least 30%
- About 80% of all motorcycle accidents in Massachusetts lead to severe injuries
- About 90% of motorcyclists in Massachusetts wear a helmet while riding. This is the highest percentage than the national average.
What Are Massachusetts Motorcycle Specific Laws?
All motorcyclists have an entitlement to the road just like any other motorist. As such, they are required to obey and follow all road rules like any other driver. However, there are motorcycle-specific state regulations which include:
Safety helmet for all (the operator and the passenger)
All riders and motorcycle passengers are required by law to wear a safety helmet. In fact, Massachusetts is a state like many in America with helmet laws. Therefore, it is compulsory for all riders in the state to wear a DOT quality helmet.
NOTE: helmet speakers are prohibited.
Compulsory Liability Insurance
In the state of Massachusetts, a motorcyclist must have at least the minimum amount of liability insurance by law. It is important to have this insurance as it will be used to register a motorcycle at the Registry of Motor Vehicles.
The insurance minimums and standard policies require BI (Bodily Injury) of $20,000 minimum per person and $40,000 minimum per accident.
Lane-splitting Is Illegal
More often than not, we see careless motorcycle riders weaving in and out of traffic and sharing a lane with other road users. From a common-sense point of view, this is not safe and, in fact, increases the chances of serious injuries.
In the state of Massachusetts, lane splitting is illegal. According to the law, all road users must learn to share the road safely and not a single lane.
Handlebars On Motorcycles
An experienced motorcycle rider will tell you that tall handlebars make it difficult to handle a motorcycle. This is something that Massachusetts law covers on. According to the law, a motorcycle handlebar should not be tall above an operator’s shoulders when they are properly seated on the motorcycle.
The motorcycle must also have proper safety equipment like proper brakes, lighting, rearview mirrors, fenders, mufflers, and seats.
According to the law, a motorcycle should not have an exhaust sound emission that exceeds the noise limit of 82 decibels while measured at the speed of 45 Mph.
All Massachusetts residents who wish to own and drive a motorbike must ensure it has been registered. The good news is that you do not need a license to register a motorbike, and anyone can do it. Although, a motorcyclist must obtain a motorcycle license or have a motorcycle endorsement/a learner’s permit to ride a motorcycle on the road.
The legal age to apply for a motorcycle learner’s permit is 16 years.
A Brockton motorcycle accident lawyer can help you to understand these laws better. Call our law office today.
What Are The Most Common Injuries Seen In Motorcycle Accidents?
The following is a list of some of the most common motorcycle accident injuries, but speak with a Brockton motorcycle accident lawyer to learn more:
- Traumatic brain and head injuries
- Spinal cord injuries
- Road rash
- Broken bones
- Internal injuries
- Lower-extremity injuries
How Is Fault Determined In A Massachusetts Motorcycle Accident?
In the state of Massachusetts, the fault is determined when negligence has been proven. Negligence is defined as a failure to exercise a degree of care that a reasonable, ordinary, prudent, or cautious person would under the same situation.
A Brockton motorcycle accident lawyer can help you to identify what is considered negligence of the other person.
With this in mind, according to Massachusetts negligence law, it consists of four elements in which a plaintiff must prove for negligence to be assigned. The victim of the accuser must show a link between all four elements. These four elements are:
Duty of care
According to the law, negligence can only be established when a defendant owes a victim a legal duty of care. In other words, a legal duty to use reasonable care must be proven. A legal duty exists when there is reasonable foreseeability that a defendant’s action or omission would result in some form of harm.
The breach of the duty of care
The breach of duty of care is the action or omission that causes harm and is a direct opposite from reasonable care. In other words, the defendants took careless actions that resulted to harm.
It is important to note that the negligence or careless act of a defendant by itself is not enough to establish legal negligence, not unless the act caused some damage. This is where a plaintiff must establish a link between the careless actions of the defendant and the injuries.
There must be damages for a plaintiff to receive monetary compensation. In other words, damages are the monetary compensation for a victim’s losses or injuries. In a nutshell, the more or severe the damages and losses, the more compensation a victim is owed.
What Are The Types Of Compensation A Motorcycle Accident Victim May Receive?
Monetary compensations come in three forms. A Brockton injury lawyer can help find the max compensation for your case. These include: –
- Economic damages: – These are types of damages that can be calculated physically like medical expenses
- Non-economic damages: -These are types of damages that cannot be calculated physically, like pain and suffering
- Punitive Action: -This is a type of compensation awarded to a victim as a way to punish the defendant.
Why Was My Motorcycles Accident Claim Denied?
There are many reasons why a motorcycle accident claim may be denied. Some of the reasons include: –
- The insurance think the accident is not what caused the injuries
- The insurance believes that you were not really hurt
- They believe the accident was your fault
- The driver or third-party was not insured under the policy
- The policy was canceled or expired
Are There Time Limits To Filing A Claim with a Brockton Motorcycle Accident Lawyer In Massachusetts?
When it comes to these cases, there is a time limit, which is known as the Statute of Limitations. The Statute of Limitations is a deadline date where a victim cannot seek legal action. According to the law, a person has three years to file a compensation claim.
It is imperative to contact a Brockton motorcycle accident lawyer as soon as possible following an accident.
Call A Brockton Motorcycle Accident Lawyer Today
Contact our attorneys today and let me help you with your monetary compensation. We understand the financial burden, emotional distress, and the physical pain you are undergoing. Let us handle your financial compensation process and allow yourself to recover in peace. Schedule your free consultation with a Brockton motorcycle accident lawyer by contacting The Law Office of Robert C. Shea, P.C. today. Talk to me through 508-506-5681.