If another driver caused your Springfield motorcycle crash, you may be entitled to compensation for medical expenses, lost income, pain and suffering, motorcycle damage, scarring, and other losses.
Our Springfield motorcycle accident attorneys can investigate who caused the collision, gather evidence, challenge attempts to unfairly blame you, pursue available insurance coverage, and negotiate a settlement or advocate for a verdict that reflects the full impact of your injuries.
Because motorcyclists have little protection when a negligent driver turns across their path, changes lanes without looking, or follows too closely, their resulting injuries can be far more serious than those suffered by occupants of passenger vehicles. We understand the challenges you are facing.
At Cava Law Firm, Attorneys Christopher F. Cava and Jennifer L. Cava-Foreman have spent decades representing injured riders and other accident victims in Springfield and throughout Western Massachusetts.
If you were injured by a negligent driver while riding, call (413) 737-3430 for a free consultation about your rights.
A motorcycle accident claim requires more than submitting paperwork to an insurance company. Our attorneys work to establish who caused the crash, document your losses, determine what insurance coverage is available, and do whatever it takes to pursue fair compensation on your behalf.
We can investigate the scene, obtain police reports, interview witnesses, seek available surveillance or traffic-camera footage, and examine the vehicles involved. When necessary, we can work with accident reconstruction specialists and other experts to establish how the collision occurred.
Our lawyers also handle communications and negotiations with insurers. If an insurer attempts to shift blame, minimize your injuries, or offer less than your claim is worth, we can challenge its position with evidence and legal argument. If the insurer refuses to make a fair settlement offer, we can pursue your claim through litigation.
Cava Law Firm is rooted in the Springfield community. Our attorneys have decades of experience representing injured people in Western Massachusetts, giving us extensive familiarity with Massachusetts personal injury law and the local legal community.
Just as importantly, clients work directly with the attorneys handling their cases, not paralegals or assistants. As Attorney Jennifer L. Cava-Foreman states,
“When you hire us, you are getting us.”
That personal approach matters after a serious motorcycle crash. You deserve to understand what is happening with your case, receive answers to your questions, and know who is responsible for protecting your interests.
Many motorcycle crashes result from negligent drivers who fail to recognize a rider’s presence or properly yield the right of way. Common causes include unsafe left turns, distracted driving, speeding, following too closely, and changing lanes without checking blind spots.
Massachusetts motorcycle claims depend on proving negligence. Our lawyers gather evidence to determine what the other driver did, why the collision occurred, and whether another person or business is also responsible.
Motorcycle claims are governed by the same Massachusetts fault rules that govern car crash claims, but the circumstances surrounding motorcycle accidents can create distinct challenges. An insurer may argue that the rider was speeding or riding aggressively, even when another driver’s unsafe maneuver caused the collision.
Being partially responsible for an accident does not necessarily prevent you from recovering compensation.
Under Massachusetts General Laws Chapter 231, Section 85, Massachusetts follows a modified comparative negligence rule. You can generally recover damages when your negligence was not greater than the combined negligence attributed to the other party or parties. Your award is then reduced according to your percentage of fault.
If your share of fault exceeded 50%, however, you would be barred from recovering under this rule.
This makes defense attempts to blame motorcyclists particularly important. Our attorneys can use physical evidence, witness accounts, video, vehicle damage, and accident reconstruction when appropriate to challenge an insurer’s version of the crash rather than simply accepting its fault determination.
Massachusetts requires motorcycle operators and passengers to wear approved protective headgear under Massachusetts General Laws Chapter 90, Section 7. Riders should understand, however, that violating the helmet law and causing a collision are separate questions.
If another motorist ran a red light or made an unsafe left turn, the absence of a helmet did not cause that driver to violate the rules of the road. Helmet use could nevertheless become an issue in determining whether the rider’s conduct contributed to particular injuries.
The effect depends on the facts, including the injuries being claimed and the evidence connecting helmet use to those injuries. An insurer should not be allowed to transform a helmet issue into automatic responsibility for an accident another driver caused.
Motorcycle accident compensation depends on the severity of your injuries, the effect they have on your life and work, available insurance coverage, and other circumstances.
Depending on your case, our Springfield motorcycle accident lawyers may pursue damages for medical treatment and rehabilitation, lost wages and diminished earning capacity, pain and suffering, scarring and disfigurement, motorcycle and property damage, and other accident-related losses.
Massachusetts also treats motorcyclists differently from occupants of ordinary passenger vehicles for purposes of no-fault Personal Injury Protection (PIP) benefits. Motorcycles are excluded from the statutory definition of a “motor vehicle” for Massachusetts PIP coverage. This distinction can affect how an injured rider’s medical expenses and other losses are pursued after a collision.
Our attorneys can identify the insurance policies and sources of compensation that apply to your particular accident rather than assuming the claim will proceed like an ordinary automobile case.
A passenger vehicle provides seat belts, airbags, a reinforced passenger compartment, and other protective structures. A motorcycle rider has virtually none of those protections. That severity gap frequently affects the value and complexity of motorcycle accident claims, including:
A rider may be thrown from the motorcycle or pinned beneath another vehicle, causing fractures to the arms, legs, pelvis, or other parts of the body. Severe orthopedic injuries may require surgery and lengthy rehabilitation and can interfere with a person’s ability to return to work.
Sliding across pavement can cause deep abrasions and permanent scarring. These injuries may result in significant pain and lasting changes to a person’s appearance.
Even when a rider wears appropriate protective equipment, the force of a collision can cause catastrophic trauma. Traumatic brain injuries are far more common in motorcycle crashes because riders are exposed directly to impact forces that occupants inside vehicles are better protected against.
Our lawyers consider not only the initial diagnosis but also how serious injuries affect a client’s future health, independence, earning capacity, and quality of life when pursuing compensation.
Springfield riders encounter a combination of interstate traffic, busy urban intersections, commercial corridors, and seasonal roadway hazards.
I-91 and its Springfield interchanges bring motorcycles into close proximity with commuters, commercial trucks, and drivers entering and leaving the highway. Route 5 is another major corridor used by motorcyclists traveling through Springfield and surrounding communities. Busy city streets also create risks when motorists make left turns, pull away from curbs, or change lanes without seeing an approaching motorcycle.
Motorcycle traffic also increases substantially during the warmer months in Western Massachusetts. After a long winter, spring can bring pavement damage, loose gravel, and drivers less accustomed to watching for motorcycles. Summer and fall bring heavier recreational riding and more motorcycles onto area roads.
These local conditions can become important when investigating how and why a Springfield motorcycle crash occurred.
Motorcyclists are particularly vulnerable to fatal injuries because of the lack of physical protection. We help families dealing with the loss of a loved one after a deadly motorcycle crash.
Under Massachusetts wrongful death law, certain surviving family members may be able to pursue damages arising from a loved one’s death, including qualifying financial losses and loss of companionship, care, guidance, and other benefits of the family relationship.
Different legal considerations arise when a motorcycle crash is fatal, so surviving families should consult with our team for guidance about who can bring the claim and what compensation may be available.
Under Massachusetts’ statute of limitations, most negligence-based personal injury lawsuits must be filed within three years after the cause of action accrues. Other deadlines can apply in certain circumstances.
Three years should not be mistaken for a reason to delay taking action. Evidence needed to prove a motorcycle crash can disappear much sooner. Surveillance footage may be overwritten, roadway conditions can change, damaged vehicles may be repaired, and witnesses’ memories can fade.
Contacting our lawyers quickly allows us an opportunity to identify and preserve evidence while it is still available.
No. Massachusetts law does not presume that a rider caused an accident simply because they were operating a motorcycle. Liability depends on the evidence showing how the collision occurred and the conduct of the people involved.
Massachusetts General Laws Chapter 90, Section 7 requires motorcycle operators and passengers to wear approved protective headgear. The law also requires operators to use approved eye protection unless the motorcycle is equipped with a windshield or screen.
Massachusetts requires motorcycles to carry compulsory liability insurance. Required coverage includes bodily injury liability protection, although the applicable insurance system differs in important ways from coverage for private passenger vehicles. Our attorneys can review the policies involved in your crash to identify available coverage for your losses.
Massachusetts law does not authorize motorcyclists to travel between lanes of traffic as a separate lane of travel. If lane positioning becomes an issue after an accident, however, it is still necessary to examine the circumstances rather than assuming the rider bears complete responsibility.
Additional sources of recovery may be available depending on the insurance policies and circumstances involved. Our lawyers can review applicable coverage, including uninsured or underinsured motorist protection, to determine what options exist when the at-fault driver’s insurance is insufficient.
A motorcycle crash can leave you facing serious injuries, lost income, mounting expenses, and an insurance company looking for reasons to minimize what it pays. You do not have to handle those challenges by yourself.
At Cava Law Firm, our attorneys investigate how motorcycle accidents happen, gather and preserve evidence, challenge unfair accusations against riders, identify available insurance coverage, and pursue compensation through settlement negotiations or litigation when necessary.
We understand that every serious accident affects a real person and family, and our goal is, as Jennifer L. Cava-Foreman put it, “to take them from a bad situation and make it better.”
If you were injured in Springfield or elsewhere in Western Massachusetts, contact Cava Law Firm for a free consultation. Call (413) 737-3430 to discuss your motorcycle accident claim with our team.
At Cava Law Firm… Winning is NO Accident!
Call Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) to schedule a consultation. Together we can look forward to a brighter tomorrow.