Massachusetts Motorcycle Accident Lawyer

How is a motorcycle claim different from a car claim in Massachusetts?

The biggest difference is up-front coverage. Massachusetts car policies include Personal Injury Protection, but motorcycle policies generally do not provide the same automatic no-fault benefits for the rider.

That means an injured rider often relies on health insurance, optional medical payments coverage on the motorcycle policy and, later, the at-fault driver's bodily injury coverage. Coverage questions get complicated quickly. A rider who also owns a car, or lives with someone who does, may have more options than expected. We review every policy in the household before assuming anything is unavailable.

Because riders rarely have a large no-fault cushion, the claim against the careless driver carries more of the load. It can include:

• emergency care, surgery and rehabilitation,
• lost wages during recovery and any long-term loss of earning ability,
• protective gear and the motorcycle itself,
• pain, scarring and lost enjoyment of riding and other activities.

Does the helmet law affect what an injured rider recovers?

Massachusetts requires every operator and passenger to wear an approved helmet. Since nearly all riders comply, the more common dispute is not whether a helmet was worn but whether the rider's speed, lane position or visibility contributed to the crash.

When a rider was not wearing a helmet, the defense may argue that some head injuries would have been less severe. That argument does not erase the driver's responsibility for causing the collision, and it usually has nothing to say about broken legs, road rash or spinal injuries. Keep the helmet after a crash. Its damage pattern can help an engineer show the forces involved.

What happens when a driver claims they never saw the motorcycle?

"I didn't see him" is an explanation, not a defense. Drivers must look for all traffic, and a motorcycle in plain view is part of that traffic.

The most common Massachusetts motorcycle crashes involve a car turning left across the rider's path, a driver changing lanes into a rider in a blind spot, or a door opening into a rider in city traffic. Rotaries add another risk when drivers enter without yielding.

Here is how the fault rule can play out. A driver turns left in front of a rider in Springfield. The jury values the rider's losses at $300,000 but decides the rider was going somewhat fast and assigns 20 percent fault. The rider recovers $240,000. If the jury had pushed the rider's share past 50 percent, the claim would produce nothing. Because the line is that stark, we work with reconstruction experts who can measure speed from skid marks, crush damage and video instead of relying on a driver's guess.

Where do Massachusetts motorcycle crashes tend to happen?

Many occur on the scenic two-lane roads riders seek out in warm months. Others happen in the dense traffic of greater Boston, where drivers are distracted and lanes are narrow.

• The Mohawk Trail and other routes through the Berkshires mix tight curves, gravel on the shoulder and tourist traffic slowing for overlooks.
• Route 6A and the roads of Cape Cod fill with summer visitors unfamiliar with local intersections.
• Route 1, Route 9 and Route 28 combine commercial driveways with frequent turning traffic.
• Potholes and frost heaves left over from winter can throw a rider off a bike, which can raise a claim against the agency or town responsible for the road.

Road-defect claims against public bodies have strict notice rules, some measured in days. Learn more on our government property claims page.

How can a rider push back against bias?

Some adjusters and jurors assume motorcyclists are reckless. The answer is evidence that shows how you actually rode.

1. Save helmet camera or phone footage before it is deleted.
2. Photograph the bike, your gear and the road surface.
3. Collect witness names, especially other riders.
4. Get records of your riding training and endorsement.
5. Avoid posting about the crash or your recovery online.

Our motorcycle accident team handles these claims statewide. If a crash involved a commercial vehicle, see our Massachusetts truck accident page, and our Massachusetts injury overview covers broader state rules. We offer a free case review, and you pay no fee unless we win.