Massachusetts Motorcycle Accident Lawyer

Why motorcycle accident claims are different

Motorcycle crashes raise issues that car crashes usually do not:

Understanding these differences early helps protect the claim.

Common causes of motorcycle accidents

Many motorcycle crashes are caused by drivers who do not see the rider:

• Left-turning cars that turn across the path of an oncoming motorcycle, one of the most common causes of serious motorcycle crashes
• Unsafe lane changes into a motorcycle in a blind spot
• Opening car doors into the path of a rider
• Rear-end collisions when traffic slows
• Distracted driving, including phone use
• Drivers failing to yield at intersections and driveways
• Impaired driving
• Road hazards, such as potholes, gravel, uneven pavement and debris, which are far more dangerous on two wheels

Insurance for motorcycle riders in Massachusetts

Because PIP generally does not apply to riders on their own motorcycles, coverage for a rider’s injuries can come from several sources:

Health insurers that pay your medical bills may later claim repayment from a settlement. Handling these liens correctly is part of resolving a motorcycle claim.

Review your motorcycle policy before riding season. Optional medical payments and underinsured motorist coverage can make a large difference after a serious crash.

Helmets

Massachusetts requires all motorcycle operators and passengers to wear a helmet that meets safety standards. Wearing a helmet protects your health and can also matter to your claim. If a rider was not wearing a helmet, the driver’s insurer may argue that some injuries, especially head injuries, would have been less severe. That argument does not erase the driver’s responsibility for causing the crash, and it does not apply to injuries a helmet would not have prevented.

Proving fault in a motorcycle crash

Strong evidence helps overcome bias against riders:

• The police report and any citations issued to the driver
• Photographs of the scene, the vehicles, skid marks and road conditions
• Video from nearby businesses, homes, traffic cameras and dash cameras
• Witness statements
• Damage to the motorcycle and the car, which can show the angle and speed of impact
• Helmet camera footage, if you had one
• Crash reconstruction in serious cases

Keep your helmet, riding gear and the motorcycle in their condition after the crash until they have been photographed and inspected.

What to do after a motorcycle accident

1. Get medical care right away. Head, spine and internal injuries may not be obvious at first.
2. Call the police and ask for the report number.
3. Exchange information with the driver, including insurance details.
4. Photograph everything, including the scene, both vehicles, your gear and your injuries.
5. Get witness names and phone numbers.
6. File a crash report. Massachusetts generally requires a crash operator report within five days when there is injury, death or property damage over $1,000.
7. Notify your own insurer, including for any medical payments or underinsured motorist claim.
8. Do not give a recorded statement to the driver’s insurer before talking with a lawyer.
9. Keep records of medical treatment, bills, missed work and expenses.

Riding season and visibility

Massachusetts riding season brings more motorcycles onto roads where drivers may not be used to looking for them. Bright gear, headlights and lane position can help riders be seen, but the law places the duty on drivers to look carefully and yield. A driver who says “I never saw the motorcycle” is often describing exactly the carelessness that caused the crash.

Common motorcycle injuries

• Traumatic brain injuries and concussions
• Spinal cord injuries
• Broken legs, arms, wrists, ribs and pelvis
• Road rash and skin injuries that can require grafts
• Injuries to the hands and shoulders from bracing for impact
• Internal injuries
• Amputations
• Scarring and disfigurement

These injuries often need long treatment, physical therapy and time out of work. When a crash is fatal, the family may have a wrongful death claim.

Compensation

A motorcycle accident claim against the at-fault driver may include:

• Medical expenses, past and future
• Lost wages and loss of earning capacity
• Pain and suffering and emotional distress
• Loss of enjoyment of life, including the loss of activities such as riding
• Scarring, disfigurement and permanent injury
• Damage to the motorcycle, helmet and riding gear

Comparative negligence

Massachusetts follows a modified comparative negligence rule. If you are partly at fault, your damages are reduced by your share of fault, and you cannot recover if you are more than 50 percent at fault. Insurers may argue that a rider was speeding, riding between lanes or hard to see. Massachusetts traffic law generally requires motorcycles to stay within a lane, and riding between lanes of traffic can be used against a rider. Evidence from the scene, the vehicles and witnesses helps answer these arguments.

Road defects and public property

Potholes, broken pavement and debris are especially dangerous for riders. When a road defect on a public way caused or contributed to a crash, Massachusetts law can require written notice to the city, town or Commonwealth within 30 days, and damages are limited by law. Claims against public employers also require written presentment within two years. If a road defect was involved, talk with a lawyer right away.

Common mistakes after a motorcycle crash

• Waiting to get medical care, which lets insurers argue the injuries were not serious
• Repairing or selling the motorcycle before it is photographed and inspected
• Throwing away a damaged helmet or riding gear
• Giving a recorded statement to the driver’s insurer
• Posting about the crash or your riding on social media
• Not checking your own policy for medical payments and underinsured motorist coverage
• Missing a 30-day notice deadline for a road defect

Passengers on motorcycles

Passengers can be injured in the same crash as the rider. A passenger may have a claim against the driver of the other vehicle, and in some cases against the motorcycle operator, depending on how the crash happened. Several insurance policies may apply, and the passenger’s own auto policy may also provide coverage. A passenger’s claim should be reviewed separately from the rider’s.

Deadlines

In most Massachusetts motorcycle accident cases, a lawsuit must be filed within three years of the crash. Shorter notice rules apply to road defects and claims against public employers, and your own policy requires prompt notice of any claim under your coverage.

The claim process

1. Free consultation. We review how the crash happened, your injuries and every insurance policy that may apply.
2. Investigation. The team gathers the police report, photos, video and witness statements.
3. Medical documentation. Your records and bills are gathered as treatment continues.
4. Insurance claims. Claims are presented to the at-fault driver’s insurer and to your own coverage where it applies.
5. Negotiation. A demand sets out the facts, your injuries and your losses, including how health insurance liens will be handled.
6. Lawsuit, if needed. If the insurer will not make a fair offer, a lawsuit may be filed in the appropriate Massachusetts court.

How our co-counsel arrangement works

Botelho Law Group handles motorcycle accident matters through its co-counsel personal injury attorneys. You can ask who will handle your case and how to contact them, so you understand the representation arrangement from the start. There are no attorney’s fees unless money is recovered, and clients do not owe case costs unless there is a recovery. The written fee agreement explains how fees and costs are calculated.

Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho, so you and your family can understand each step in your own language.

Frequently asked questions

Does PIP cover motorcycle accidents in Massachusetts?

PIP generally does not cover injuries to a rider on their own motorcycle. Medical bills may be paid by optional medical payments coverage, health insurance or the at-fault driver’s insurance.

Who pays my medical bills after a motorcycle crash?

Depending on your coverage, your medical payments coverage, your health insurance and, in the end, the at-fault driver’s insurance. We help sort out which coverage applies and how repayment claims are handled.

What if I was not wearing a helmet?

You may still have a claim. The insurer may argue that some injuries would have been less severe, but the driver who caused the crash is still responsible for the harm.

What if the driver says they did not see me?

Not seeing a motorcycle is not an excuse. Drivers must look for and yield to motorcycles like any other vehicle.

What if a pothole caused my crash?

You may have a claim against the city, town or Commonwealth, but written notice may be required within 30 days. Talk with a lawyer quickly.

What if the driver had no insurance?

Your own uninsured motorist coverage may pay. If the driver had too little insurance, underinsured motorist coverage may help.

How long do I have to file a motorcycle accident claim?

Generally three years from the crash, with shorter notice rules for road defects and claims against public employers.

What if I was partly at fault?

You can still recover if you were 50 percent or less at fault, but your damages are reduced by your share of fault.

Can a passenger on a motorcycle make a claim?

Yes. A passenger may have a claim against the other driver and, depending on the facts, the motorcycle operator. Several insurance policies may apply.

Will my health insurance want to be repaid?

Often yes. Health insurers that paid for treatment may have a right to repayment from a settlement, and these claims can often be negotiated.

How much does it cost to hire a lawyer?

There are no attorney’s fees unless money is recovered, and no case costs unless there is a recovery. The consultation is free.

Do you handle motorcycle accident cases anywhere in Massachusetts?

Yes. Botelho Law Group represents clients across Massachusetts.

Can you help in Portuguese or Spanish?

Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.