Dealing with injuries, medical bills, lost wages, and property damage sustained in a motorcycle accident while navigating your legal options can feel overwhelming. One question that often arises for motorcycle accident victims is whether you can sue the at-fault driver personally. The answer depends on several factors, and our Boston motorcycle accident lawyers at DiBella Law Offices can help you understand your options for obtaining compensation.
Understanding Personal Injury Law in Massachusetts
Personal injury law allows individuals who suffer harm due to another party’s negligence to seek compensation for their losses. Negligence is a failure to act in a way that a reasonably prudent person would under similar circumstances. In the context of a motorcycle accident, negligence refers to the at-fault party’s failure to exercise reasonable care, resulting in your injuries and damages.
Massachusetts Follows a No-Fault System
Massachusetts is one of 12 states that operates under a no-fault system for motor vehicle accidents, including motorcycle collisions. This means that regardless of who caused your accident, your Personal Injury Protection (PIP) insurance will cover your medical expenses and lost wages, subject to the policy’s limits. PIP coverage typically applies to the policyholder and any passengers on the motorcycle.
PIP is one of four coverages required by Massachusetts law. The minimum necessary PIP coverage in the state is $8,000 per person per accident. In addition to PIP, you must also carry coverage for bodily injury to others, bodily injury caused by an uninsured auto, and damage to someone else’s property.
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When Suing Someone Personally May Be Possible in Massachusetts
While Massachusetts’ no-fault system provides initial coverage, there are situations where you might consider pursuing a personal injury lawsuit against the at-fault party. Our motorcycle accident attorneys in Boston can help you determine if this is possible. Scenarios where suing the at-fault individual could be applicable include the following:
- Your injuries exceed your PIP coverage: If your medical bills and lost wages surpass the limits of your PIP policy, you may be able to sue the at-fault party to recover additional compensation for these damages.
- You suffer permanent injuries or disabilities: In cases where your accident results in permanent injuries or significant long-term limitations, suing the at-fault party might be necessary to recoup compensation for all your damages.
- The at-fault party was under the influence of drugs or alcohol: If the individual who caused your accident was intoxicated, with a blood alcohol content (BAC) limit that exceeds the legal limit, their actions constitute gross negligence, potentially allowing you to bypass no-fault limitations and sue them directly.
- The at-fault party was uninsured or underinsured: If an at-fault driver lacks adequate insurance or their coverage does not sufficiently cover your damages, you might need to pursue legal action to recover compensation.
The nuances involved in determining when you can personally sue someone for the injuries incurred in your motorcycle accident are complex. Therefore, we recommend you consult with our Boston motorcycle accident attorneys at DiBella Law Offices. We can help you determine whether pursuing a personal injury lawsuit is the right course of action for your accident.
Factors Affecting Your Ability to Sue for a Motorcycle Accident
Several factors may influence your ability to sue the at-fault party for a motorcycle wreck. Our motorcycle accident lawyers in Boston can explain these factors to you and ensure you know your rights. Factors that can affect your ability to sue for your damages include:
- The severity of your injuries: Generally, lawsuits are more common for severe injuries that result in substantial medical expenses and lost wages, exceeding the liable party’s insurance coverage.
- The at-fault party’s insurance coverage: If the responsible party has inadequate insurance coverage, suing them personally may be necessary to recover the full extent of your damages.
- Contributory negligence: Depending on your state, whether you can sue someone personally depends on your degree of fault. For example, Massachusetts and New Hampshire follow a modified comparative negligence rule, meaning that you can seek compensation for your injuries if your fault is not greater than the total fault of the other responsible parties.
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Damages You Can Sue for in a Motorcycle Accident Claim
Suppose you have been injured in a motorcycle accident caused by another party’s negligence and are eligible to seek damages through a personal injury lawsuit based on the above factors. In that case, there are certain damages for which you can seek compensation. Some damages you may be entitled to seek recovery for include:
- Medical expenses: All past, present, and future medical costs associated with your injuries, including doctor visits, surgeries, medication, therapy, and rehabilitation
- Lost wages: Compensation for income lost due to your inability to work as a result of your injuries
- Property damage: Repair or replacement costs for your damaged motorcycle or other property
- Pain and suffering: Compensation for the physical pain and emotional distress you experience due to your injuries
- Permanent disability or disfigurement: Compensation for the long-term impact a permanent disability or disfigurement has on your ability to work or perform daily activities
- Loss of consortium: Compensation for the loss of companionship, love, and support from your spouse or other close family members due to your injuries
- Wrongful death: Compensation for funeral and burial expenses, loss of financial support, and other damages for family members when a loved one is killed in a motorcycle accident
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Seek Legal Representation After Your Motorcycle Accident
Motorcycle accidents often result in more severe injuries than car accidents due to their lack of protection for riders. This can significantly increase the cost of medical care and lost wages, potentially exceeding PIP policy limits and strengthening your argument for a personal injury claim. Contact our motorcycle accident attorneys at DiBella Law Offices today to schedule a free consultation to discuss whether you can sue someone personally for your motorcycle accident and how to increase your chances of receiving maximum compensation for your injuries.
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