It is understandable why this question would be asked. One day you’re enjoying a nice afternoon cruise on your motorcycle in Massachusetts, then suddenly you’re on the ground wondering why that car abruptly made a left turn in front of you. As a result of this collision, you may be faced with personal injuries, mounting medical bills, and possibly a drastic change in lifestyle.
It is no wonder why you would ask about suing after experiencing a motorcycle accident. After all, the negligent person who caused your loss and pain and suffering should be responsible for compensation. So, yes, you can sue after a motorcycle accident.
However, you should try to first negotiate fair compensation from the insurance of the at-fault party with the help of a lawyer. If it’s not possible to get a fair settlement for your loss, then the attorney can take the case to court.
Pursuing a Lawsuit May Be The Only Option For Fair Compensation
When pursuing fair compensation from insurance companies in Massachusetts, it can be challenging for several reasons. The at-fault party may outright deny responsibility for the accident. Meanwhile, people generally have a bias against motorcycles and motorcyclists. Some believe that motorcycles are inherently dangerous and that any person who rides a motorcycle is more reckless than someone who drives a car.
The truth is that many automobile drivers fail to notice a motorcycle on the road, or they simply don’t have the same respect for a motorcycle as they do for other vehicles. Still, these prejudices are often used by insurance companies in an effort to diminish the value of their settlements to riders who have been injured in motorcycle accidents. As such, getting fair compensation from insurance companies can be difficult.
Additionally, there may be a potential third party that shares liability for your injuries but is not connected to the other driver’s insurance. For example, if the accident occurred due to a faulty vehicle part, the manufacturer could be at fault. Or if poor road conditions caused the accident, the owner of the road may be responsible, perhaps the local government.
In cases like these, a lawsuit may be necessary for you, as a motorcyclist, to get fair compensation for damages and loss suffered from an accident. This is especially the case if you have experienced the tragedy of losing a loved one in a motorcycle crash. In this case, you may have to file a wrongful death lawsuit.
Common Injuries From Motorcycle Accidents in Massachusetts
Due to the fact that a motorcycle does not have the enclosure protection that cars and trucks do, motorcyclists are much more vulnerable to catastrophic injuries or even untimely death. Something unexpected, like debris on the road or a car rear-ending you, can cause a serious motorcycle accident with life-changing results.
Even in cases of fender-benders, injuries might appear weeks or months later. These injuries can progressively become worse over time. The repercussions may involve serious physical, emotional, and economic damages, including the following.
Physical injuries:
- Road rash
- Burns
- Traumatic brain injury (TBI)
- Loss of Limbs
- Spinal cord injury (SCI)
- Internal injuries
- Fractures
Emotional injuries:
- Anxiety
- Depression due to change in lifestyle
- Post-traumatic stress disorder
- Pain and Suffering
- Emotional distress
Added to this, is the very real possibility of losing a loved one in a motorcycle accident. In fact, in 2019, in the US, motorcyclists were 29 times more likely to die in a crash than passenger car occupants per vehicle mile traveled. In Massachusetts alone, there were 59 motorcyclist fatalities in 2018.
The loss of a loved one can cause an incredible amount of pain and suffering to a family. But when that loss occurs unexpectedly, and due to someone else’s negligence, the trauma may be compounded.
As you can see from the above, with some types of injuries suffered from motorcycle accidents, the medical expenses alone can well exceed the limits of auto insurance policies. Therefore, a lawsuit may be the only viable solution for victims to receive fair compensation for their losses.
Types of Compensation You May Be Entitled To Receive
While it may be true that the other vehicles on the road are bigger than motorcycles, a motorcyclist still has the same rights to fair compensation as those other drivers. The size of the vehicle does not diminish the rights of its operator. A lawsuit may help to receive compensation for losses beyond what an insurance company might cover.
Compensation for loss and damages may include:
- Present and future medical expenses
- Present and future lost income
- Motorcycle damage
- Household renovation for disability
- Pain and suffering
- Loss of enjoyment of life
- Compensation for wrongful death
Yes, You Can Protect Your Rights!
When you are hurt due to someone else’s carelessness, it only makes sense that his or her insurance should pay for your recovery. However, the adjuster could use your words against you later on, or may resist paying you the maximum amount you’re entitled to receive right down to the end. Your loss could exceed insurance limits, or a potential third party may be involved. In all these cases, you would be wise to speak with an experienced attorney to initiate a lawsuit.
Keep in mind that you have a limited period of time to file a personal injury claim. The statute of limitations for filing personal injury cases in Massachusetts is 3 years. So don’t delay! Act quickly and protect your rights starting with a free consultation.
