Being involved in a motorcycle accident can be a confusing and terrifying experience. Many riders are unsure of exactly what they should do if they are involved in a motorcycle crash. Having the information and access to supporting evidence before an accident happens can be crucial to a successful insurance claim or lawsuit.
Knowing your rights and how to recover compensation for any damages you have incurred can have a meaningful impact on your injury claim. If you have been injured in a motorcycle wreck, securing representation should be of the highest priority. Your Boston motorcycle accident lawyer at DiBella Law could be the right choice for you and your family.
The Immediate Aftermath of a Motorcycle Accident
Your collision may have just happened, and you could have been reading this on the side of the road. If you are safely able to, a primary concern may be to move out of the flow of traffic. Other concerns and actions to take could include:
- Call 911 or emergency services
- Wait for police and fire/rescue
- Collect other driver’s information
- Take as many pictures as possible
- Note environmental conditions
- Get witness contact information
- Keep your helmet and any safety gear on until help arrives
Collecting as much information regarding damage at the accident scene could assist your motorcycle accident attorney in building the best possible case. These days, nearly everyone is carrying a video recording device with them and may potentially have footage of the accident. Asking for contact information from witnesses and insurance details of any involved parties is of utmost importance.
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Many Motorcycle Crashes Result in Serious or Fatal Injuries
You may be completely unaware that you have been involved in a motorcycle accident as serious as yours. Emergency services personnel can notify family members who can meet you at the accident scene or your hospital room to offer support when you need it most. An experienced Boston personal injury lawyer is vital to organizing the information and evidence obtained from multiple sources to recover maximum compensation for your damages.
Possible Injuries You May Have Sustained
While you are not legally required to seek medical attention, it can only help your case to get the professional opinion of a qualified physician. According to the National Highway Traffic Safety Administration (NHTSA), you are 28 times more likely to be injured in a motorcycle accident per vehicle mile than in a car. These injuries can impact your daily life and can include:
- Head injuries
- Neck injuries
- Skin abrasions
- Disfigurements
- Broken bones
- Loss of limbs
- Partial or full-body paralysis
- Traumatic brain injuries
Recoverable Damages in a Motorcycle Accident
Recoverable damages in a motorcycle accident can vary considerably. Having a qualified legal representative is strongly advised. Your legal costs of pursuing an insurance claim against an at-fault party may also qualify as financial costs that could be recovered through a successful lawsuit. Our team can guide you through the complicated personal injury process as outlined by the Massachusetts Tort Claims Act.
Economic Damages
Serious injuries may be categorized in terms of recoverable expenses when another party can be proven at fault. Medical bills and vehicle impairment are prime examples of economic damages that should be taken into account when determining the value of your claim. Another common example of economic damages could include lost wages or the inability to perform job responsibilities that you previously held prior to your motorcycle wreck.
Non-Economic Damages
These may be less obvious than easily defined financial expenses. Some people experience an intense and ever-present fear of the passion that once brought them joy, in this case, motorcycle riding. This could be defined as emotional distress.
Other forms of non-economic damages could include loss of companionship or even inconvenience. Do not let yourself be short-changed if someone else’s negligence has significantly impacted your life. Loss of enjoyment or pain and suffering are other examples of damages that you can pursue through legal action.
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
No-Fault Insurance and What that Means for You in Massachusetts
Massachusetts is classified as a modified no-fault insurance state according to the Commonwealth’s official website, which means all drivers will file claims with their own insurers, regardless of who caused the accident. All drivers and motorcyclists alike should be aware of how the state determines fault. The Massachusetts Division of Insurance covers the Standards of Fault to determine a driver’s culpability.
There are also specific insurances for motor vehicles in Massachusetts that are required by state law for every driver. These include Personal Injury Protection (PIP), which can pay for your medical expenses, 75% of lost wages, and up to $8000 in replacement services, regardless of who is at fault. The other compulsory insurance coverages include bodily injury to others, bodily injury caused by an uninsured motorist, and damage to someone else’s private property.
It should be noted that if your motorcycle accident occurs across state lines bordering New Hampshire, your claim will be handled differently. NH does not require motorists to carry insurance coverage as long as they can demonstrate that they meet the Financial Responsibility guidelines. It is also a fault state, so drivers file claims against the liable party’s insurer instead of their own.
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Ways to Maximize Your Settlement After a Motorcycle Wreck
Whether you have sustained injuries or suffered damage to your property, deciding what to do next can be made easier when you have experienced legal counsel. These options can be especially overwhelming right after the trauma of a serious motorcycle crash. You may need to weigh the costs and returns to determine the best choice for your specific case.
If you have the right to file a claim with your insurance company, you could face increased premiums or even possibly be issued non-renewal status if you are found to carry too much risk. If another party is determined to be at fault, they may try to settle out of court or deny your claim. Either way, retaining a legal advocate is essential to recovering any damages you have endured.
Filing a lawsuit also carries its own risks and rewards, particularly if there are multiple at-fault parties, denied insurance claims, or a combination of factors. You may even decide to file a lawsuit in conjunction with an insurance claim. With a trial-proven motorcycle accident attorney on your side, you can rest easier knowing they are fighting for your rights to compensation.
Find the Representation You Deserve with DiBella Law
Without the protection that a car can provide, motorcycle accidents often result in minor or serious injuries. Knowing your rights and the compensation you deserve is precisely why you need a powerful motorcycle accident lawyer with DiBella Law backing you up. Fill out our contact form today or call us now for a no-cost, no-obligation consultation.
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