A recent motorcycle accident in Acton, Massachusetts highlights the dangers posed to motorcycle operators on our roadways. Massachusetts is a no-fault insurance state, but this type of insurance does not cover motorcyclists. Therefore, before a motorcycle accident victim can secure reimbursement for their injuries and losses, determining fault for the accident is necessary.
According to Statista, there were more than 130,000 motorcycles registered across the commonwealth. With higher fuel prices, it is safe to assume that more operators will be using their motorcycles in good weather. Unfortunately, statistics offered by the National Safety Council (NSC) also indicate the more registered motorcycles on the roadways, the greater the likelihood of one being involved in an accident. Determining fault for a motorcycle accident is not always easy. Some of the potential at-fault parties include:
The best way to determine fault for the accident in which a motorcyclist suffered an injury is to review all available evidence. This includes police reports, available traffic cameras, and obtaining witness statements.
There are several factors which play a role in roadway accidents. The operator of any motor vehicle must ensure they are fulfilling their duty of care which means they must be aware of others on the roadway including motorcyclists. Some of the factors which can result in an accident include:
These are only some of the factors which may play a role in being at fault for a motorcycle accident. An accident injury attorney can evaluate the circumstances of an accident and use the available evidence to determine fault for the accident.
Many accident victims avoid seeking legal help after a motorcycle accident. Primarily this is because they believe they can handle the claims process on their own and they believe an attorney will slow the process down. However, the more serious an accident, the more likely it is that a victim will benefit from having an attorney advocating on their behalf. Some of the ways an attorney can help victims include:
By working with an attorney as soon after an accident occurs a victim will have someone who understands how insurance companies work, understands the laws pertaining to fault in Massachusetts, and will continue to advocate for their rights. Insurers are under no obligation to advise an accident victim of their rights. An attorney who reviews a motorcycle accident case can review all evidence, evaluate fault for the accident, and work closely with the victim to make sure they have prepared all documentation related to their claim.
Motorcyclists have very little protection when they are involved in an accident with a car, SUV, or pickup truck. Chances are, motorcyclists are going to suffer a serious injury when they are involved in a collision. Recovering from injuries will take some time, and cause some financial stress for the victim. Being able to count on an attorney to deal with issues of who is at fault, and for helping file a claim can provide a victim with peace of mind that despite their challenges, they have someone working on their behalf.
Accident victims should call a motorcycle accident lawyer immediately after a motorcycle accident if they are having trouble determining who is to blame, and what the insurance company is anticipating as proof of injury or proof of fault. Call Riccio Law at 508-226-4500 to schedule a free consultation.