You are enjoying the crisp air as you ride your motorcycle when time seems to stand still as another vehicle crashes into you. You are flung from your bike and have suffered injuries so severe you can do nothing but wait until the ambulance arrives to bring you to the hospital for medical treatment. During this time, your thoughts may be racing.
What happened and who is responsible for causing the collision? How will you be able to cover the costs of expensive medical care? Your Boston motorcycle accident lawyer with DiBella Law can take over the legalities and work tirelessly to determine who is at fault for your wreck.
We Conduct Intensive Investigations into Blame and Negligence
Determining fault and a motorcycle accident is essential. Liable parties are expected to compensate injury victims for their damages. The only way many motorcycle accident claims can be successful is if your Boston personal injury lawyer can show that someone else’s negligence is the cause of your bike wreck.
For this reason, you can rely on your Boston car accident lawyer to conduct an extensive investigation into how your collision occurred. We will be ready to meet you at the accident scene, your hospital room, in person at our law office, or even virtually at your convenience. Once we have determined who is responsible for causing the accident, we will have a better idea of how to go about recovering maximum compensation for your damages.
Evidence We Obtain
After hiring a motorcycle accident attorney to take your case, the first thing we do is investigate. At this time, we may hire reconstructionists and expert witnesses and begin reviewing evidence collected at the accident scene. By working with other personal injury professionals, we can better understand what the evidence is telling us.
The type of motorcycle accident you were involved in will help us determine who is at fault. For example, if you were rear-ended, the driver following you may be responsible. If driving contributed to your injuries, the drunk driver may be sued. For this reason, it is crucial that we examine each piece of evidence until liability for the accident is clear.
We might review photos of the surrounding property damage, request copies of the other driver’s chemical blood alcohol test results, review the other driver’s history and employment record, speak with witnesses, and even seek video surveillance footage of the collision from nearby homes or businesses and traffic cams. Essentially, we are looking for any evidence that can be used to prove how the accident might have occurred and who is responsible. If necessary, we are prepared to utilize this evidence and negotiations with the insurance company or present it as part of your personal injury lawsuit at trial.
The Burden of Proving Negligence
The evidence we collect will be instrumental in determining fault for your motorcycle accident. In personal injury claims, liability does not need to be proven beyond reasonable doubt, but based on a preponderance of the evidence. Evidence must be clear and convincing and demonstrate the elements of negligence have been met as follows:
- Duty of care
- Breach of duty
- Causation
- Damages
Give us a call today to discover how we can assist you.
Parties We Often Find Liable for Causing Motorcycle Accidents
Once our investigation has commenced, we will have insight into who is responsible for causing the motorcycle accident. Many injury victims are quick to assume the driver that hit them is at fault. While this is off in the case, there are many circumstances and which other parties share liability for the collision.
Reckless Drivers
Reckless drivers are frequently held accountable in motorcycle accidents. When a motorist drives dangerously, violating traffic rules and regulations, they can be held accountable for the motorcycle accident victim’s injuries. Some examples of negligent driving may include:
- Failing to check blind spots
- Driving over the speed limit
- Making unsafe lane changes
- Failing to use a turn signal
- Making unlawful terms
- Driving while drowsy or fatigued
- Distracted driving
- Driving aggressively and road rage
- Failing to yield to the right of way
- Failing to stop at stop signs and traffic lights
- Following too closely
Negligent Riders
Negligent motorcycle riders are also often found to share the blame for their injuries. If a motorcyclist was lane splitting, speeding, or weaving in and out of traffic, they may be partially responsible for the collision and the injuries they sustained. Under modified comparative negligence laws, negligent riders can still recover compensation for their damages at a reduced rate unless their percentage of capability exceeds the 50% threshold.
Auto Parts Manufacturers
If your collision was caused by malfunctioning motorcycle or motor vehicle parts, your attorney will consider whether these parts manufacturers, designers, retailers, and distributors are responsible for the collision. If defective parts caused the accident, the driver that hit you may not have been able to avoid doing so. Motor vehicle dealerships, maintenance workers, and even safety inspectors may also be partially liable for your damages.
Dram Shops and Social Hosts
If the driver that hit you was drunk or drugged at the time of the accident, you may have the right to sue nearby liquor stores, bars, nightclubs, or other relevant dram shops. Under Massachusetts Dram shop liability laws, establishments that serve or sell alcohol to individuals who are clearly exhibiting signs of impairment or intoxication can be held accountable if the patron goes on to cause a collision. Social hosts may also be held accountable for allowing their guests to drive while under the influence of drugs or alcohol.
Connect with a Top-Rated Massachusetts Motorcycle Accident Lawyer at DiBella Law Today
The trauma of your motorcycle accident may cost you your emotional peace, result in severe financial losses, and leave you with lasting injuries. Do not let the at-fault party get away with it. When you take action to hold them accountable, you have an opportunity to recover maximum compensation for your suffering.
With the legal support of a premier Boston motorcycle accident lawyer with DiBella Law, you can start to move forward with your life while our team investigates and starts building a powerful case against those responsible. Are you ready to put this traumatic experience behind you? Complete our quick contact form or call our office to schedule your free, no-obligation consultation.
We are committed to providing valuable information and resources to assist you.