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.