Can I File a Personal Injury Claim After a Motorcycle Accident?

Riding motorcycles is fun and exhilarating. Whether you are just commuting to work every day or taking to the open road for a joyride, motorcycles provide an exciting way to travel.

One of the downsides to motorcycles is the lack of safety features, resulting in severe injuries after a motorcycle accident.

If you have been in a motorcycle accident, you are likely wondering how you will be able to cover your medical expenses and financial losses. This may lead you to wonder, Can I file a personal injury claim after a motorcycle accident? Luckily, after following the steps to take after a motorcycle accident, you may be able to file a claim for monetary recovery.

The attorneys at Cava Law Firm are ready to help you fight for your right to fair compensation. Contact us today at (413) 737-3430 or (413) 781-CAVA to schedule a free consultation.

How Do Motorcycle Accidents Happen?

Motorcycle accidents can happen for various reasons, usually in a matter of seconds. In many cases, other motor vehicle drivers cause accidents for one of the following reasons:

• Speeding;
• Aggressive driving;
• Distracted driving; and
• Driving under the influence of drugs or alcohol.

Drivers have a duty to drive carefully and respect others on the road, especially motorcyclists. Because motorcycles are smaller and therefore harder to spot, drivers should pay close attention. One wrong move on the road could impact a motorcycle rider’s life forever. In the unfortunate event of a motorcycle accident, it is crucial to seek legal guidance. You may want to reach out to a qualified Springfield wrongful death lawyer to discuss your case and explore your legal options.

What Are Common Motorcycle Accident Injuries?

Any kind of accident, whether it involves cars or trucks, can cause severe injuries to victims. However, injuries from a motorcycle accident tend to be even more significant in many cases, as motorcycle riders have little to no protection. In such scenarios, consulting a Springfield, Massachusetts, truck accident lawyer can be crucial for victims to understand their legal options and rights. It is essential to know what to do if you are hit by an Amazon truck  to ensure you take the necessary steps to protect your interests and seek appropriate compensation.

Unlike vehicles that offer protective features, like seatbelts and airbags, motorcycles do not provide any protection to riders. Because of this, riders are at risk of suffering substantial, life-altering injuries.

The following are some of the most common types of motorcycle accident injuries:

• Fractured or broken bones;
• Head trauma;
• Traumatic brain injuries;
• Neck injuries;
• Road rash;
• Crush injuries;
• Amputation injuries; and
• Spinal cord injuries and paralysis.

In the worst cases, riders face long roads to recovery and may not ever live their lives in the same manner as before their accident on one of the most dangerous roads in Massachusetts. The injuries pose several challenges on their own, but the financial burdens, including securing spinal cord injury compensation, are also tough to bear.

Motorcycle Accident Statistics in Massachusetts

Motorcycle accidents have long been a serious concern, both nationwide and in the state of Massachusetts, and recent data shows an increase in fatalities and injuries among riders. Overall, the NHTSA says that people on motorcycles are 22 times more likely to die in a crash than those in regular passenger vehicles and four times more likely to be injured.

Nationwide, more than 6,200 riders were killed in traffic crashes in 2022. That number is the highest it has been since the federal government started keeping track of accident fatalities in 1975. In 2023, Massachusetts individually recorded 62 fatalities among motorcyclists. As of June 2024, Massachusetts had already seen 17 motorcyclist fatalities. Those numbers have gone up from previous years.

These trends prove the ongoing risks that motorcyclists face every day on the roads because of the limited protection that they have compared to other motorists. They also show the importance of defensive driving, proper safety gear, and following traffic laws to help reduce fatal accidents.

Understanding these stats is critical when you are pursuing a personal injury claim involving a motorcycle accident, as they emphasize the severity of such crashes and their long-term impact on victims. If you or a loved one has been involved in a motorcycle accident, hiring the right legal counsel can help you figure out your options for going after compensation.

Obtaining Compensation After a Motorcycle Accident

To understand how obtaining compensation after a motorcycle accident works, it is helpful to know how insurance works in Massachusetts.

In Massachusetts, motorcycle insurance, like car insurance, is required. Without insurance, you are unable to register a motorcycle or legally ride on the road. Consulting a Springfield car accident lawyer can provide additional insights into these legal requirements and ensure you’re fully protected in case of an accident

State law requires all riders to carry a certain amount in minimum insurance coverage, similar to insurance policies for standard passenger vehicles. However, an important distinction is that motorcycles are not eligible for personal injury protection (PIP) coverage, which is usually included in regular auto policies. If a motorcyclist is hurt in an accident, they cannot rely on PIP benefits to cover their immediate medical expenses. For this reason, they need alternative coverage options.

Under Massachusetts law, the minimum required motorcycle insurance coverage includes:

• Bodily Injury to Others: $20,000 per person / $40,000 per accident;
• Property Damage Liability: $5,000 per accident; and
• Bodily Injury Caused by an Uninsured Driver: $20,000 per person / $40,000 per accident.

These minimums provide protection in cases where the motorcyclist is responsible for the crash or is involved in an accident with an uninsured driver. However, they do not cover medical expenses for the rider unless they buy additional coverage.

MedPay Coverage for Motorcycle Accidents

Because PIP coverage is not available for motorcyclists, it is worth considering a Medical Payments Coverage (MedPay) plan as an additional option. MedPay can help cover medical bills for injuries suffered in a motorcycle accident, regardless of who caused the crash. Unlike PIP, MedPay does not require reimbursement if the injured rider later secures compensation from an at-fault party, so it is a valuable resource for covering out-of-pocket medical costs.

Adding MedPay coverage to your motorcycle insurance policy can help you make sure that your hospital bills are taken care of without having to wait for the outcome of a personal injury lawsuit. This coverage can be particularly beneficial in cases where the at-fault driver does not have enough insurance or the legal process takes a long time to resolve.

If you have been hurt in a motorcycle accident and are not sure how your insurance coverage applies, consulting with a Springfield motorcycle accident lawyer can help you understand your options and improve your chances for better potential compensation.

“No-Fault” Laws in Massachusetts

Massachusetts is a “no-fault” state, meaning regardless of who caused the accident, your insurance initially pays for your medical expenses. On a motorcycle, this is different because there is no PIP coverage. Therefore, you can either add “medical pay” coverage to your policy or use health insurance. In situations where the coverage is complex or you are facing issues like medical malpractice, consulting with a Springfield medical malpractice lawyer can be beneficial.

Although Massachusetts is a no-fault state, this does not mean no one will ever be at fault. If you are in a motorcycle accident and the other vehicle driver is at fault, you may be able to step outside Massachusetts’ no-fault system if either of these is true:

• You have incurred over $2,000 in medical expenses.
• You have suffered a serious or permanent disfigurement, disability, broken bone(s), or loss of hearing and/or sight.

If you are able to prove one of the above, you may have the opportunity to seek compensation by filing a personal injury claim. Understanding the potential for maximum compensation in a personal injury lawsuit can guide your expectations and help in strategizing your claim effectively.

What Is a Personal Injury Claim?

Suffering a personal injury means sustaining injury caused by another’s negligent or intentional act or omission. This includes specific cases like burn injuries, where consulting a Springfield burn injury lawyer can be crucial. Personal injury law exists to protect individuals who have suffered harm at the hands of another.

If you have met the Massachusetts threshold requirement for filing a personal injury claim against the at-fault driver for your motorcycle accident, a personal injury lawyer in Springfield who is experienced in handling these types of claims can help you pursue the financial recovery you deserve.

Steps to Take in a Motorcycle Accident Personal Injury Claim

If your personal injury attorney determines you are able to take legal action against the other driver, the following steps are taken to help you seek compensation.

Sending a Demand Letter

The first step in a personal injury claim is not going to court to open your case. Rather, your personal injury lawyer must draft and send the at-fault driver’s insurer a demand letter.

A demand letter informs the driver’s insurance company that you are willing to take serious legal action should they not adequately respond to your demand for compensation. A demand letter includes several key pieces of information, including:

• The reasons their insured is responsible for your accident;
• Evidence to support your reasoning;
• The extent of your injuries; and
• The financial losses you have experienced as a result of their insured’s actions.

Along with investigating your accident, your lawyer examines several factors to calculate how much your case is worth. The letter includes this monetary figure, detailing what expenses and losses you have incurred.

Upon receiving the demand letter, the insurance company can either respond and agree to settle, initiate settlement negotiations, or deny the claims and refuse to settle. How the insurance company responds determines how your attorney proceeds.

If possible, your lawyer will settle your case before ever formally filing a personal injury claim in court. However, there are instances when to sue for personal injury becomes a necessary step, especially if the insurance company is difficult or unwilling to settle. In such cases, your attorney can proceed with filing your claim to ensure your rights are fully protected and you receive the compensation you deserve.

Filing a Personal Injury Lawsuit

If necessary, your personal injury attorney will draft a complaint and file it with the court to officially open your case. Once the paperwork is filed, your lawyer must serve the opposing party with copies of the complaint. This serves as notification of the impending case.

The insurance company then typically has 20 days to file their response to your complaint with the court.

Engaging in the Discovery Phase

After the insurance company has submitted its response, the case moves on to the discovery phase.

The discovery phase is the most critical time in a personal injury case, as it is a time for both parties to further investigate the accident and obtain pertinent evidence. During discovery, the following are helpful tools both parties can utilize to seek information:

• Requests for admission;
• Requests for production;
• Interrogatories; and
• Depositions.

The discovery phase is usually the longest part of a lawsuit. It can take several months for both parties to get the details and evidence they need to proceed.

Revisiting Settlement Negotiations

After the conclusion of the discovery phase, both parties have all the information they need regarding your accident. Therefore, your personal injury attorney can attempt to revisit settlement negotiations.

Fortunately, a majority of personal injury claims are resolved through pre-trial settlement negotiations, meaning the case never has to see the inside of a courtroom. It is only when a settlement cannot be reached that the case moves forward to trial.

Trial

At trial, both parties have the opportunity to present their case in front of a judge and jury. Once they have heard from both sides and examined all the evidence and testimony presented, the jury can make determinations regarding your case, concluding your matter.

Whether your case settles outside of court or goes to trial, your personal injury attorney will continue to represent your best interests and fight for your right to fair financial recovery.

Damages Available for Motorcycle Accidents

Financial compensation for your claim depends on the details of your accident. Your damages may either represent tangible or intangible losses, including any of the following:

• Past and future medical bills;
• Rehabilitation expenses;
• Lost wages;
• Loss of earning potential;
• Property damage;
• Pain and suffering; and
• Emotional distress.

Your personal injury lawyer can determine the monetary value of your injuries and losses and obtain sufficient evidence to prove them as well. Building a strong case can significantly help reach a favorable outcome and maximum compensation.

How Long Do You Have to File a Motorcycle Accident Claim in Massachusetts?

If you have been hurt in a motorcycle accident, you need to act quickly in order to pursue compensation. Massachusetts law enforces a statute of limitations that dictates how long you have to file a claim. In most cases, you have three years from the date of the accident to file a personal injury lawsuit. Should you miss this deadline, you could lose your right to recover compensation entirely.

Three years may seem like plenty of time, but building a strong case can take a while. Pulling together your medical records, accident reports, witness statements, and expert testimony can be a lengthy process. Additionally, insurance companies tend to use various tactics to delay or dispute claims, so it is important to start early. The sooner you talk to a motorcycle accident lawyer in Springfield, the better chance you have of getting the compensation you deserve.

In order to avoid jeopardizing your case, it is best to contact a legal professional as soon as you can. A skilled motorcycle accident lawyer in Springfield can go over the details of your case, see to it that you meet the legal deadlines, and take the necessary steps to protect your rights.

Discuss Your Case With a Qualified Motorcycle Accident Attorney

The legal team at Cava Law Firm has extensive experience helping injured clients get the fair financial compensation they deserve. We take a personalized approach to every case, as we understand that every client and their needs are unique. Our personal injury lawyers will see your case all the way through, whether that means settling or going to trial.

You may have suffered an accident, but with Cava Law Firm, winning is NO accident! Contact us today at (413) 737-3430 or (413) 781-CAVA to request a complimentary consultation.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]