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:
- Duty – for a valid claim to exist, the defendant must have owed a duty to the plaintiff. Typically, a duty of care to drive safely and follow traffic laws exists among all motorists on the road.
- Breach – this element requires showing that the defendant breached the duty of care owed to the plaintiff. The breach can be shown by a number of different actions such as excessively speeding, failing to stop at a stop sign, running a red light and/or any other behaviour behind the wheel that could endanger others.
- Causation – the plaintiff must be able to show that the defendant’s actions or omissions (i.e., failure to act when there was a duty to do so) caused the accident.
- Damages – the plaintiff suffered injuries and damages as a result.
In the event of an accident, motorcycle riders are at great risk for severe bodily injury and, in some cases, death. If you or someone close to you has been injured in a motorcycle accident, it is imperative to reach out to a Massachusetts motorcycle accident attorney who can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of motorcyclists every step of the way. We fully understand the emotional, physical and financial toll a motorcycle wreck can have on the rider and his or her entire family, which is why we will aggressively pursue compensation in your case. To learn more, please call us today at 1-800-262-9200 or contact us online.