Personal Injury
Motorcycle & Bicycle Accidents
Motorcycle and bicycle riders are dangerously susceptible to serious injury when an accident occurs. More often than not, motorcyclists and cyclists are injured by a motor vehicle driver’s negligence.
Common situations leading to these accidents include the following:
- Distracted drivers
- Drunk drivers
- Speeding drivers
- Drivers failing to yield or maintain a proper look out
- Drivers opening a door into a cyclist’s path
- Drivers turning into a cyclist’s lane of traffic
- Unsafe road conditions
These accidents tend to be serious because of the mere fact that a cyclist has limited protection even under the best of circumstances. Our firm works hard to investigate and pursue negligence claims on behalf of injured motorcycle and bicycle riders. We have extensive experience pursuing justice on behalf of injury victims suffering from traumatic brain injuries, spinal injuries, broken bones and permanent disfigurement.
Common Issues in Motorcycle and Bicycle Accident Lawsuits
Motorcycle and bicycle accident claims and lawsuits often present unique challenges due to the nature of the accident, the types of injuries involved, and the availability of evidence to determine liability. Here are some of the common issues that arise:
- Determining fault: A key issue in motorcycle and bicycle injury cases is determining who is at fault. Frequently, the parties involved in the accident point blame at the other side for causing the incident. For example, drivers typically claim that motorcyclist or cyclist was speeding, disobeying traffic signals, or riding erratically. The motorcyclists and cyclists, on the other hand, claim the opposite was true and that the driver disobeyed the rules of the road or was not paying attention. For these reasons, it is crucial to perform an early and thorough investigation into the circumstances leading to the incident so that key evidence can preserved.
- Comparative negligence: In Massachusetts, the modified comparative negligence rule allows the injured party to recover damages only if they are less than 51% at fault. This rule often complicates cases where the motorcyclist or cyclist is partially blamed for the accident, which could reduce their compensation by their amount of fault or deny a recovery altogether. Comparative negligence can involve speed disputes, blind spots, failure to wear safety equipment and/or reflective gear, and lane change analysis.
- Violations of Right-of-Way Laws: Many accidents occur when the driver fails to yield the right of way to motorcycles or bicycles, either at an intersection or when turning. Drivers often claim that they did not see the rider, which can raise issues about visibility, road conditions, or the rider’s actions.
- Road Conditions: The tough winters in Massachusetts impact the quality of our roads. Poor road maintenance can result in potholes, gravel, and uneven surfaces that can be hazardous for motorcyclists and cyclists. In situations where the road conditions led to or partially caused the accident, liability could be shifted to a third party, which can further complicate a claim or lawsuit.
- Bias against Motorcyclists and Cyclists: There can be bias against motorcyclists and cyclists by people who think that they are risk-takers or reckless.
Compensation for Motorcycle or Bicycle Accident Victims
In a motorcycle or bicycle accident case, you can recover compensation for several types of damages depending on the severity of the injuries and the impact those injuries have on your life. Damages fall into two categories—economic and non-economic damages.
Economic damages are meant to compensate for quantifiable financial losses you suffer because of your injuries, which can include the following:
- Past, present and future medical expenses: These damages, for example, cover emergency room visits, hospital stays, surgeries, medications, long-term care for permanent injuries.
- Lost wages: You can pursue compensation for the income you lost during your recovery period.
- Loss of earning capacity: If the injuries sustained are permanent and impact your ability to work at the same level as before, you may be compensated for the difference in future earnings. Pursuing these damages typically occur when there are severe injuries that limit your physical or cognitive abilities.
- Property damage: This includes the costs to replace or repair damaged property, like a motorcycle or bicycle.
- Out of pocket expenses: Other incidental expenses related to you injuries, such as transportation to medical appointments, home modifications, or hiring help for daily tasks.
Non-economic damages are meant to compensate for intangible losses that have a significant impact on your life, which include the follows:
- Pain and suffering: This covers the physical pain and suffering cause by the injuries from the accident and can encompass short-term or long-term pain.
- Disfigurement and permanent disability: Compensation can be recovered for the physical and emotional impact of permanent scars, disfigurement or permanent disabilities.
- Emotional distress: This includes compensation from mental and emotional anguish like anxiety, depression, PTSD, or other emotional trauma.
- Loss of enjoyment of life: When injuries prevent you from enjoying the activities and lifestyle you once loved, you can recover damages for your diminished quality of life.
- Loss of consortium: These damages are pursued when your injuries negatively impact your relationship with your spouse, such as, loss of companionship, affection, or intimacy.
Why Choose Butters Brazilian LLP?
The injury lawyers at Butters Brazilian LLP are committed to providing compassionate and effective legal representation to motorcyclists and cyclists in Massachusetts. We take great pride in treating our clients with close personal attention and care during one of the most devastating periods of their lives. From the outset, we quickly and thoroughly investigate the causes of the accident, gather evidence, and handle all aspects of your claim so that you and your family can focus on recovering.
Contact Butters Brazilian LLP for a Free Consultation
If you or a family member were injured in a motorcycle or bicycle accident, please contact Butters Brazilian LLP to arrange a confidential consultation with one of our Boston-based trial attorneys. We will review your case, explain your legal options, and guide you through the process to ensure your rights are protected.
Frequently Asked Questions
You can pursue compensation if another party’s negligence contributed to the crash.
You can recover damages for medical costs, property damage, lost income, pain and suffering.
You have legal rights whether you're riding a bicycle, motorcycle, or being a passenger, though outcomes depend on fault and specific facts.
Massachusetts uses a modified comparative negligence rule: if you are partly at fault but less than 51% responsible, you may still recover damages, reduced by your share of fault.
If you are 51% or more at fault, you may be barred from recovery.
Bicyclists must follow Massachusetts bicycle laws (e.g., MGL c.85 § 11B) which cover where bikes can be ridden, helmet rules for children under 16, riding on sidewalks under certain conditions, yielding rules, and more.
Motorcyclists are required to follow traffic laws just like other vehicles; wearing helmets that meet required safety standards is also required.
For motorcycle or bicycle accident cases (as personal injury claims) in Massachusetts, the statute of limitations is generally three years from the date of the accident.
Missing that deadline usually means you lose your legal right to recover for injuries or damages.
Seek medical attention immediately, even if injuries seem minor.
Take photos/videos of the scene (road, damage, vehicles, bike/motorcycle, lighting, etc.).
Collect contact info for witnesses.
Report the crash to police.
Preserve all documentation (medical bills, repair estimates, insurer communications).
Talk with an attorney experienced in motorcycle and bicycle accidents early.
