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A motorcycle crash can expose a rider’s head to tremendous force in an instant. Unlike occupants of enclosed vehicles, riders have little protection between themselves and the pavement, another vehicle, or a fixed object. Massachusetts requires motorcycle riders to wear protective headgear, and helmet use can become an important issue when evaluating the cause and severity of a head injury.
At Colucci, Colucci & Marcus, P.C., Boston motorcycle accident attorney Darin Colucci represents riders and families in motorcycle helmet and head injury cases. Our team reviews medical records, helmet condition, crash-scene evidence, and other details when building motorcycle accident claims. We handle cases arising on I-93, the Southeast Expressway, and roads throughout Boston and Massachusetts.
This page explains common motorcycle head injuries, Massachusetts helmet requirements, comparative negligence, and evidence used in these claims. It also covers liability, defective helmets, compensation, and filing deadlines. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case.
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Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Motorcycle crashes can cause head injuries ranging from concussions to permanent brain damage. Because riders have no enclosed structure around them, the head can strike the pavement, another vehicle, or another object with significant force. Helmet type and fit, along with the location and angle of impact, can affect the nature and severity of the injury.
A traumatic brain injury (TBI) occurs when an external force damages the brain, such as a direct blow or rapid movement of the head. Mild TBIs are often diagnosed based on symptoms and a neurological examination. More serious injuries can involve bleeding, swelling, or other brain damage identified through CT scans, MRI, and other medical evaluations.
A direct impact can cause skull fractures and injuries to the face, jaw, or surrounding tissue. The risk can increase when a helmet is absent, damaged, improperly fitted, or not securely fastened. Medical records and evidence showing the helmet’s condition and position after the crash can help document how the injury occurred.
Some TBI symptoms appear immediately, while others become noticeable hours or days later. Lasting effects can include memory and concentration problems, irritability, sleep changes, and sensitivity to light or noise. Neurological and neuropsychological evaluations can document persistent symptoms and changes in a rider’s daily functioning.
Key Takeaway: Motorcycle head injuries can range from a concussion to permanent brain damage. Medical records, diagnostic imaging, and follow-up evaluations can help establish the nature and extent of the injury.
If a motorcycle crash caused a head injury, preserving medical records, helmet evidence, and details from the collision can be important to your claim. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss what happened and the next steps available to you.
Yes. Under M.G.L. c. 90, § 7, Massachusetts requires motorcycle operators and passengers to wear protective headgear. The law provides a narrow exception for motorcyclists who are at least 18 years old and participating in a properly permitted public parade. It also requires operators to use eyeglasses, goggles, or a protective face shield when the motorcycle does not have a windshield or screen.
To comply with the helmet requirement, riders must use headgear that meets the applicable safety standards. Massachusetts regulations under 540 CMR 22.08 require motorcycle helmets to meet or exceed Federal Motor Vehicle Safety Standard (FMVSS) No. 218, which sets requirements for impact protection, penetration resistance, and the retention system that keeps the helmet secured. Novelty helmets that do not meet this standard do not satisfy the Massachusetts helmet requirement.
Questions about helmet compliance can become important after a crash, especially when an insurer disputes the protection provided or how the helmet affected the injuries. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss how the helmet and other evidence from the crash relate to your claim.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Under M.G.L. c. 231, § 85, Massachusetts follows a modified comparative negligence rule. A rider can recover compensation as long as the rider’s share of negligence is not greater than the combined negligence of the defendants. If the rider is assigned a percentage of fault, the recoverable damages are reduced by that percentage.
Not wearing a helmet does not by itself determine who caused the motorcycle crash. However, a defendant or insurer can argue that riding without a compliant helmet, or failing to secure it properly, contributed to the severity of a head injury. Medical evidence, the condition of the helmet, and the circumstances of the impact can become important when evaluating that argument and its effect on the damages being claimed.
A motorcycle head injury claim can depend on several types of evidence that show how the crash happened, the nature of the injury, and its effects on the rider. Medical records, the helmet and other physical evidence, crash scene documentation, and witness accounts can each provide important details about the claim.
Emergency department records document the rider’s condition and symptoms after the crash, while CT scans and MRI can identify bleeding, swelling, fractures, and other injuries. Neurosurgical notes, neurological examinations, and neuropsychological testing can provide additional information about the severity of a brain injury. Follow-up records also show how symptoms progress and what treatment or rehabilitation is required.
The condition of the helmet can provide information about how the rider’s head was affected during the crash. Cracking, liner compression, strap damage, and impact marks can be examined alongside vehicle damage, roadway measurements, and the final positions of the vehicles. Accident reconstruction can use this evidence to evaluate the direction and force of the impact and the sequence of events.
Police reports, witness statements, surveillance footage, and required Massachusetts Registry of Motor Vehicles crash reports can help document how the collision occurred. Photographs and video can also preserve roadway conditions, vehicle positions, debris, pavement defects, and other details that can change after the crash. On Boston roads, lane configurations, merges, and roadway conditions can also be relevant to determining how the collision happened.
Key Takeaway: Medical records, helmet inspection, crash reconstruction, and scene evidence can work together to show how a head injury occurred, its severity, and its connection to the motorcycle crash.
Responsibility for a motorcycle crash is not always limited to the driver who caused it. Depending on how the collision occurred, a driver, vehicle owner, employer, or government entity can be responsible for the rider’s injuries. Identifying each responsible party is important because different liability rules and deadlines can apply.
Drivers have a duty to operate their vehicles with reasonable care around motorcycles. A driver can be responsible for a crash caused by turning left across a rider’s path, making an unsafe lane change, following too closely, speeding, or failing to yield. Police reports, witness statements, video footage, and vehicle damage can help determine what the driver did before the collision.
A vehicle owner can also become part of the case when someone else was operating the vehicle at the time of the crash. Under M.G.L. c. 231, § 85A, proof that the vehicle was registered in the defendant’s name is prima facie evidence that it was being operated by someone for whose conduct the owner was legally responsible. The owner can present evidence to dispute that responsibility.
An employer can be responsible for a driver’s negligence when the driver was acting within the scope of employment at the time of the collision. This can arise when an employee is making deliveries, traveling between job sites, transporting materials, or performing other work-related duties. Employment records, delivery logs, schedules, and other business records can help establish what the driver was doing when the crash occurred.
Different rules apply when a defect in a public road causes a motorcycle crash. For municipal public ways, M.G.L. c. 84, § 15 can apply, with written notice ordinarily required within 30 days under §§ 18 and 19. These cases also have specific requirements for establishing that the roadway defect caused the injury.
Defects involving state highways can fall under M.G.L. c. 81, § 18, which incorporates Chapter 84’s notice rules. Other forms of government negligence that do not involve a roadway defect can instead fall under the Massachusetts Tort Claims Act, M.G.L. c. 258, which includes a two-year presentment requirement.
Determining who was responsible can require looking beyond the events at the crash scene to vehicle ownership, employment records, and roadway maintenance. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss who could be responsible for your motorcycle accident and the legal options available.
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Yes. A helmet manufacturer, distributor, or retailer can face liability when a defect in the helmet contributes to a rider’s head injury. The problem can involve the helmet’s design, an error during manufacturing, or inadequate warnings and instructions. In Massachusetts, these cases can involve breach of the implied warranty of merchantability under M.G.L. c. 106, § 2-314 and negligence. M.G.L. c. 106, § 2-318 also addresses claims against manufacturers, sellers, lessors, and suppliers when lack of privity is raised as a defense and sets a three-year limitations period for actions under that section.
A design defect exists when the problem is built into the helmet’s design rather than caused by an error in producing one particular helmet. Issues involving the shell, energy-absorbing liner, or retention system can become relevant when evaluating whether the helmet provided the protection it was designed to provide.
A manufacturing defect occurs when a helmet differs from its intended design because of a problem during production. Examples include defects in the energy-absorbing liner, shell delamination, inadequate bonding, or a chin strap anchor that fails under forces it was designed to withstand. Comparing the damaged helmet with its specifications and applicable safety standards can help identify a production defect.
A helmet can also raise product liability issues when its warnings or instructions fail to provide adequate information about safe use. This can include instructions about proper sizing, strap adjustment, inspection, service life, or replacement after a severe impact. The helmet, packaging, labels, instructions, and purchase records should be preserved because they can provide evidence of what information was supplied with the product.
A traumatic brain injury can create financial losses that continue long after the initial motorcycle crash. In Massachusetts, compensation can address both the financial costs of the injury and its effects on the rider’s daily life. Recoverable damages can be reduced if the rider is assigned a percentage of fault under M.G.L. c. 231, § 85.
Depending on the injuries and their long-term effects, compensation can include:
When a motorcycle crash results in a fatal brain injury, the estate’s executor or administrator can pursue damages available under Massachusetts General Laws Chapter 229, Section 2.
Key Takeaway: Compensation for a traumatic brain injury can address medical care, rehabilitation, lost income, reduced earning capacity, and the personal effects of the injury. The amount recovered can also be affected by the rider’s percentage of fault.
The full cost of a brain injury is not always limited to the medical bills incurred immediately after the crash. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss how ongoing treatment, time away from work, and lasting limitations can be evaluated when seeking compensation.
Dino M. Colucci is the founding partner and lead trial counsel at Colucci, Colucci & Marcus, P.C. Since 1988, he has represented clients in serious personal injury and civil litigation, including motor vehicle accidents, commercial trucking accidents, product liability, and wrongful death cases.
Dino has been selected as a Massachusetts Super Lawyer annually since 2012 and holds an AV Preeminent rating from Martindale-Hubbell. He is also a member of the Multi-Million Dollar Advocates Forum and has been recognized in The Best Lawyers in America.
As managing partner of Colucci, Colucci & Marcus, P.C., Darin Colucci handles personal injury and civil litigation with a focus on trial advocacy, including motorcycle accidents, motor vehicle crashes, product liability, and serious injury cases. He graduated cum laude from Suffolk University Law School, where he served on the Suffolk University Law Review.
Darin has been selected as a Massachusetts Super Lawyer annually since 2017 and has been recognized by The National Trial Lawyers Top 100. He has also received recognition from the National Academy of Personal Injury Attorneys and Lawyers of Distinction for his work in personal injury law.
Matthew J. Marcus is a partner at Colucci, Colucci & Marcus, P.C. whose practice focuses on estate planning, elder law, disability law, and mental health law. He earned his J.D. from Suffolk University Law School and an LL.M. in Taxation from Boston University School of Law.
Matthew has been selected as a Massachusetts Super Lawyer annually since 2006. He previously served as a Hearing Officer for the Massachusetts Board of Bar Overseers and as co-chair of the Boston Bar Association’s Elder Law Committee, and he has served on the board of the Massachusetts chapter of the National Academy of Elder Law Attorneys.
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Most Massachusetts personal injury lawsuits arising from motorcycle crashes must be filed within three years under M.G.L. c. 260, § 2A. For an injury caused by a crash, the three-year period typically begins when the injury occurs. Different rules can extend the filing period in specific circumstances, including when the injured person is a minor under M.G.L. c. 260, § 7.
The deadline can be much shorter when a government entity or public roadway is involved. A municipal or state roadway defect case can require written notice within 30 days, while other cases governed by the Massachusetts Tort Claims Act require written presentment within two years. These notice requirements apply before the lawsuit deadline expires, so waiting for the three-year period can result in losing the right to pursue the case.
The following deadlines apply to common parties and cases arising from motorcycle head injuries:
Defendant or case | General deadline | Additional requirement |
Private driver, vehicle owner, or employer | 3 years under M.G.L. c. 260, § 2A | No general statutory pre-suit notice |
Municipal roadway defect | 3 years under M.G.L. c. 84, § 18 | Written notice ordinarily within 30 days |
State-highway defect | 3 years under M.G.L. c. 81, § 18 and incorporated Chapter 84 rules | Written notice ordinarily within 30 days |
Other Massachusetts Tort Claims Act case | 3 years under M.G.L. c. 258, § 4 | Written presentment within 2 years |
Helmet manufacturer, seller, or supplier under § 2-318 | 3 years after injury and damage occur | Governed by M.G.L. c. 106, § 2-318 |
Wrongful death against a private defendant | 3 years from death or from when the executor or administrator knew or reasonably should have known the factual basis for the case | Action brought by the executor or administrator |
Colucci, Colucci & Marcus, P.C. represents injured motorcycle riders and their families throughout Boston and surrounding communities in Suffolk, Norfolk, and Middlesex counties. Our team handles motorcycle head injury cases involving crashes on I-93, the Southeast Expressway, Storrow Drive, and local streets throughout the Boston area. We assist riders injured in collisions involving cars, trucks, roadway hazards, and other causes of serious motorcycle accidents throughout the region.
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
A motorcycle head injury can require ongoing medical care, time away from work, and changes to daily activities. Determining how the crash happened and who is responsible can also become more complicated when multiple vehicles, roadway conditions, or a defective helmet are involved.
Colucci, Colucci & Marcus, P.C. handles motorcycle accident cases involving traumatic brain injuries, skull fractures, and other serious head injuries. Our team examines how the impact occurred, the extent of the rider’s head injury, and any issues involving helmet performance or roadway conditions. We also review medical documentation and other available evidence to determine which losses can be pursued under Massachusetts law.
Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a free, confidential consultation. Our office at 31 Milk St, 4th Floor, Boston, MA 02109 serves injured clients throughout Boston and across Massachusetts.
Yes. M.G.L. c. 90, § 7 requires motorcycle operators and passengers to wear protective headgear that meets applicable safety standards. The law provides a narrow exception for motorcyclists who are at least 18 years old and participating in a properly permitted public parade.
Massachusetts follows modified comparative negligence under M.G.L. c. 231, § 85, so not wearing a helmet does not automatically prevent recovery. A defendant can argue that helmet non-use increased the severity of a head injury, but that is separate from determining who caused the collision and depends on the evidence connecting helmet use to the injuries.
A defective helmet can lead to a product liability case against a manufacturer, distributor, or retailer. Depending on the defect, the case can involve negligence or breach of the implied warranty of merchantability under M.G.L. c. 106, § 2-314, while § 2-318 addresses lack of privity and provides a three-year limitations period for actions under that section. Keep the helmet, packaging, labels, and instructions so they can be inspected.
Most Massachusetts personal injury lawsuits must be filed within three years under M.G.L. c. 260, § 2A. Different deadlines and notice requirements apply in some cases, including those involving public roadway defects or government entities, and tolling rules can apply in specific circumstances.
Special notice requirements apply when a defect in a public road contributes to a crash. Municipal roadway defect cases can fall under M.G.L. c. 84, §§ 15 and 18, which ordinarily require written notice within 30 days, while state highway defects can fall under M.G.L. c. 81, § 18 and related Chapter 84 notice rules. Other types of government negligence can instead fall under the Massachusetts Tort Claims Act.
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…