Compared to the occupants of cars, trucks, and buses, motorcycle riders have little protection to shield them from the impact of colliding with another vehicle. Sadly, this means that injuries suffered by motorcyclists are often significant and even life threatening. If you or someone you love has been hurt in a motorcycle crash, call us for a free consultation about your legal options. Our Massachusetts motorcycle accident attorneys understand how to handle even the most complex personal injury cases. We can help value your claim and help you seek the maximum compensation possible in your case.
A recent study released by the National Highway Traffic Safety Administration (NHTSA) highlights that most motorcyclists do not wear any reflective clothing such as jackets, pants, boots, gloves or helmets that would make them more visible on the road. Those who wore visibility gear said their decision to do so was based on a rider they personally knew being killed or seriously injured in a wreck. This is a huge problem as motorcycle riders are significantly over-represented in traffic deaths. In fact, the NHTSA found that more than 5,000 motorcyclists are killed in accidents every year, and many of these accidents are attributed to the rider not being seen by motor vehicle drivers. In every group, participants said that drivers do not look for motorcycles and are frequently distracted by cell phones.
In order to obtain compensation for a motorcycle injury, the rider must establish the elements of negligence by a “preponderance of the evidence.” This requires convincing the jury that a plaintiff’s version of events is more likely than unlikely. Put another way, there is greater than a 50 percent likelihood that the plaintiff’s assertions are true. Each of the following four elements of negligence must be established before any compensation can be recovered: