How Massachusetts Motorcycle Laws Impact Your Accident Claim

Being in a motorcycle accident can mean facing serious injuries that impact you for years, medical bills that may appear to multiply by the minute, and emotional trauma that could leave you feeling hopeless. Although you may be able to receive help from your insurer to cover some of the losses you have sustained, if the injuries are too severe, you may need additional help. That means being able to prove that the other party was negligent and is therefore responsible for causing the accident. For this reason, it is vital to know how Massachusetts motorcycle laws impact your accident claim.

If you were not following the law at the time of your accident, you may hold a degree of fault in the collision. But does that keep you from recovering losses? At Cava Law Firm, we can help you navigate the challenges you face after being in a motorcycle accident.

Contact Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) today to speak with a personal injury lawyer in Massachusetts you can trust. 

Understanding Fault in Massachusetts Motorcycle Accidents

Can You Recover Losses if You Were Partly to Blame?

One of the first things that our personal injury lawyers often advise clients of is that Massachusetts is a no-fault state. This means that personal injury protection (PIP) insurance covers medical expenses and up to 75% of your lost wages, but the big catch is that it is not available for motorcycle accidents. Bikers are required to have the same uninsured motorist coverage as other vehicles, but they do not have the option of filing a no-fault claim.

To counter this lack of PIP, motorcyclists have the opportunity to purchase an optional medical payments policy called MedPay that can cover up to $10,000. This option functions in the way that PIP does, allowing you to recover losses even if you were at fault.

If the accident was a minor one, then this coverage may be enough to compensate you for your losses. But motorcycle accidents can have serious consequences. For losses that your insurance cannot help with, you have the option of filing a personal injury claim against the person who caused the accident. Crucially, with this option, you must also prove that the other person has a higher degree of fault for the accident than you do. As long as you hold less than 51% of the fault, you can file a claim for compensation.

This is where knowing whether you followed all Massachusetts motorcycle laws becomes essential.

Massachusetts Motorcycle Laws and What They Mean for Your Claim

Massachusetts has a few key motorcycle laws that can have a significant impact on whether you can recover losses after a collision.

Helmet Laws

Massachusetts is one of the 19 states in the country with a universal helmet law. If you are riding a motorcycle, you must wear a helmet regardless of age or experience level. In a collision, not wearing a helmet can mean that you could be held partially responsible for the injuries you suffer. That can result in not being able to recover the amount you need to pay for medical expenses.

Lane Splitting Laws

Lane splitting is illegal in Massachusetts. Lane splitting refers to a motorcycle riding between two lanes of traffic that are going in the same direction. Keep in mind that this is not the same as lane sharing, which is legal.

If the accident occurred because you were lane splitting, then you could hold a degree of fault. Although it might not bar you from recovering compensation, it could decrease the amount of compensation you receive. Sometimes, however, bikers have no choice but to lane split if cars are trying to force them out of their lane.

This often happens because many drivers do not respect that motorcycles have the right to take up an entire lane. It is essential that you speak with our lawyers if that is what occurred so that you have the chance to receive fair compensation.

Additional Traffic Laws

Motorcycle riders have the same responsibilities as other vehicles when they are on the road. For example, they must obey all traffic laws, including staying focused on operating the vehicle and not using their phone. They must also respect blood alcohol concentration levels, which are the same as for a passenger car’s operator.

If you are involved in a motorcycle accident that occurred because you did not follow traffic laws, you could lose your right to get compensation. These circumstances are rarely black and white, however. By having a lawyer representing you, it is possible to show that not obeying traffic laws was not what led to the collision.

How Motorcycle Lawyers Can Help You File a Claim

If you have been in a collision, one of the most important steps you can take after getting medical care is to contact a motorcycle accident lawyer. Your lawyer can help you determine what your options are for recovering losses. They do this by starting with a thorough assessment of the collision to see if you can viably file a personal injury claim against the other party.

In instances when the other party holds the majority of the fault, your lawyer can then gather evidence to prove this is the case. They can aggressively negotiate with insurers to demonstrate that you deserve compensation. Negotiating with insurers can be challenging because they often look for ways of not paying you. That could mean laying full blame for the accident on you. However, your lawyer can fight for your right to recover, including taking the claim to court if insurers continue to refuse to cooperate.

Hire Experienced Personal Injury Lawyers for Your Case

Cava Law Firm Offers Trusted Guidance

The team at Cava Law Firm is dedicated to protecting the rights and futures of those who have suffered because of another person’s negligent or wrongful conduct. If you are struggling with injuries, property damage, and lost wages after a motorcycle accident, we can provide the fierce representation you deserve.

Winning is no accident! Contact Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a free consultation today.

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 ]