Articles Posted in Motorcycle Accidents

Lane splitting can lead to serious, even fatal, crashes. Motorcycle riders are particularly vulnerable being injured in an accident, which is even more reason for these motorists to follow the rules of the road and drive in a safe manner. If you have been injured in an accident involving lane splitting, you may have the right to financial recovery. With years of experience, The Law Offices of Barry Feinstein and Affiliates P.C. is a diligent Massachusetts motorcycle accident law firm that will tirelessly advocate for your rights to maximize your chances of obtaining full and fair damages in your case.

Lane Splitting Accidents

Lane splitting, also known as lane sharing or white-lining, involves a motorcyclist driving between lanes of traffic. In other words, lane splitting is when a motorcycle does not stay in the right or left lane, but rather rides in the middle of the two lanes. Many times, drivers engage in this practice to pass other vehicles on the road. While lane splitting is legal in some states, it is prohibited under Massachusetts law, as it can significantly increase the risk of accidents on the road.

Liability in Motorcycle Accident Cases

When an accident takes place while a motorcycle is lane splitting, the fault of the accident may lie with the motorcycle rider himself or with the other driver. As mentioned above, Massachusetts’ law forbids lane splitting so the fact that the motorcycle was engaged in the practice may serve as evidence of negligence in a particular case. Negligence takes place when a person causes an accident and resulting injury by failing to use reasonable care behind the wheel. Reasonable care refers to the level of care and caution that a prudent person would have used under the same or similar circumstances.

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Motorcycle accidents can lead to devastating, even deadly injuries. Not all motorcycle crashes involve colliding with another vehicle. Instead, some motorcycle accidents are single-vehicle accidents. If you or someone close to you has been hurt in a single-vehicle motorcycle accident, you shouldn’t assume you can’t recover compensation. At The Law Offices of Barry Feinstein & Affiliates P.C. , our Massachusetts motorcycle accident attorneys can examine the facts of your accident and identify each and every potentially liable party.Last month, a Massachusetts man was killed during a single-vehicle motorcycle crash. The 20-year-old Medfield man was taken to Norwood Hospital, where he was pronounced dead. Police say town emergency personnel responded to reports of a crash in Walpole – a place 27 miles south of Boston – late in the evening.

Unfortunately, incidents like this are quite common. According to the Insurance Institute for Highway Safety Highway Loss Data Institute, 40 percent of motorcyclist deaths in 2016 occurred in single-vehicle crashes, and 60 percent occurred in multiple-vehicle crashes. This has remained largely unchanged since the 1980s. It is important to note that alcohol played a role in 37 percent of deaths in single-vehicle crashes in 2016.

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Drivers often fail to see motorcycles on the road, especially at left turns. This leads to many accidents being the result of improper left turns. If you or someone close to you has been injured in a motorcycle accident caused by another’s drivers’ negligence, you may be entitled to compensation for your harm. At The Law Offices of Barry Feinstein & Affiliates P.C. , our seasoned Massachusetts motorcycle accident attorneys are committed to providing practical and cost-effective legal advice for your case.

Sadly, left turn accidents are quite commonplace. Data collected from Arbella Insurance highlights that 31 percent of serious wrecks in 2013 involved an automobile turning left. According to the National Highway Traffic Safety Administration (NHTSA), nearly half of the total 5.8 million car accidents that take place in the country every year are intersection-related and the majority of those involve making an improper left turn. In fact, a 2010 NHTSA report found that in the case of 22.2 percent of crashes, the critical pre-crash event (i.e., an event that made the crash imminent) was turning left.

Motor vehicles making left turns can pose a danger to motorcycles if they are not careful. Left turn accidents with motorcycles can happen in a number of ways, including:

  • A motorist cutting off a motorcyclist while making a left turn;
  • A motorist running a red light;
  • A motorist ignoring stop sign, not coming to a complete stop and prematurely making a left turn;
  • A motorist making a left turn at a yellow light without scanning the surrounding area for a motorcycle.

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Motorcycles provide an enjoyable and often thrilling mode of transportation. Motorcycle accidents, however, can have catastrophic consequences for the rider, given his or her relative vulnerability in a collision involving a larger vehicle. Some accidents, like rollover accidents, are even more dangerous than others. If you or someone close to you has been injured in a motorcycle rollover accident, you need the help of a skilled Massachusetts motorcycle accident attorney who can assess the merits of your case and determine the viability of your legal claim.

A motorcycle rollover accident occurs when the motorcycle overturns. Put another way, motorcycle rollover accidents take place when the motorcycle flips over. These accidents can be categorized as “tripped” or “untripped.” Rollover accidents caused by external objects such as a car, truck, or other vehicle are known as “tripped,” since the motorcycle is tripped by the object causing it to flip over. Untripped rollovers generally are not caused by contact with an external object. Instead, they may be caused by the behavior of others on the road, such as an aggressive driver who is veering in and out of lanes, causing a motorcycle rollover accident. Sometimes a motorcycle rollover accident is a result of a defective part. And in other cases, a rollover accident may be caused by a road defect, such as a pothole.

If another person or party’s negligence caused your rollover accident, you can likely file a lawsuit against the at-fault party. Almost all personal injury cases are rooted in negligence. In Massachusetts, negligence occurs when an individual or entity fails to exercise the level of care required under the circumstances and, as a result, causes injuries or harm to someone else. It is important to note that Massachusetts follows the doctrine of comparative negligence, under which a plaintiff’s total damages award is reduced by his or her degree of fault. For example, if a motorcyclist is deemed to be 20 percent at fault for the rollover accident, his or her recovery will be reduced by that amount. The only exception to this rule is if the plaintiff is 50 percent or more at fault, in which case that plaintiff is barred from recovering any damages at all.

While motorcycle riders love the thrill of an open road, they face many risks on that road. Since motorcycles are much smaller than other passenger vehicles, it can be much more difficult to see them clearly on the road. Unfortunately, drivers often overlook motorcycles and cause devastating accidents. If this has happened to you or someone you love, you need to reach out to a seasoned Massachusetts motorcycle accident attorney without delay. At The Law Offices of Barry Feinstein & Affiliates P.C. , we are committed to getting victims of motorcycle accidents the compensation they deserve for their harm.

Drivers often fail to notice motorcycles at intersections, in adjacent lanes, and in other areas on the road. Sadly, motorcycle accidents caused by limited visibility are more common than you may think. The National Highway Traffic Safety Administration estimates that limited visibility caused about 38 percent of all fatal crashes in 2011. Given the size disparity between motorcycles and other vehicles, motorcycle riders are much more susceptible to injury, given the lack of structural protection surrounding their body.

All motorists have an obligation to drive in a prudent manner in order not to cause harm to others on the road. When a driver’s carelessness or recklessness results in a motorcycle accident and resulting injuries, that driver can be liable under the legal theory of negligence. For negligence to be established, the plaintiff must demonstrate the following elements:

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