Motorcycle accidents can be highly dangerous for anyone involved, and in some cases may even be fatal. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are still overrepresented in traffic-related fatalities and are 28 times more likely than car passengers to die in a traffic crash.
If you have experienced a motorcycle accident and are searching for compensation, it may be time to consult a trusted personal injury attorney. A Dorchester motorcycle accident lawyer could give you insight into your case and help you navigate your legal obstacles during this difficult time.
Most personal injury claims related to motorcycle accident cases are based on a theory of negligence. A party may be considered negligent when they fail to act as a reasonably prudent person would under the circumstances. To recover damages, though, a plaintiff must prove all four of the following elements of negligence, which are as follows:
Massachusetts follows a modified version of the comparative negligence doctrine, codified in Massachusetts General Laws Chapter 231 §85, to determine the issue of liability. Drivers injured in a Dorchester motorcycle crash who are found 51 percent or more at fault for causing the accident cannot recover any damages.
Injured parties can recover if they are determined to be 50 percent or less at fault, but their available recovery would be reduced by the degree of fault they are found to have contributed to causing the accident. A Dorchester motorcycle accident attorney could work with a plaintiff to minimize comparative fault’s impact on their recovery as much as possible.
Injured parties should be aware that there is a deadline to sue, or more accurately a time limit within which an affected party must bring their cause of action to enforce their rights or seek recovery for their injuries. This time limit is known as a statute of limitations.
The statute of limitations on personal injury claims in Massachusetts, including those centered around motorcycle wrecks, is three years from the date the cause of action accrues. If a potential plaintiff fails to file suit within this statutory period, they may permanently lose their right to pursue a personal injury claim related to that specific accident.
In Massachusetts, personal injury protection insurers typically do not compensate their injured policyholders for medical expenses related to an auto accident if they are a motorcyclist. Motorcyclists may be left vulnerable financially, making the recovery of civil damages potentially all the more critical.
An injured motorcyclist can pursue economic and noneconomic damages against an at-fault driver, including lost wages, pain and suffering, medical expenses, loss of enjoyment of life, disfigurement, and scarring. Assistance from a qualified Dorchester motorcycle accident lawyer may be key to successfully recovering for all applicable injuries and losses.
If you have suffered an injury from a motorcycle accident, you may want the help of local legal counsel that could handle your case with compassion and dedication. An experienced Dorchester motorcycle accident lawyer could review your case and supply you with potential options for recovering financially from your wreck.
Your time, money, and recovery may be on the line, so do not hesitate to reach out and seek the legal assistance you may need. Call now to schedule a consultation.