Articles Posted in Motorcycle Accidents

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:

Continue reading

Contact Information