The last thing that any motorcyclist should have to worry about when they go out riding is it they will be harmed due to the careless or negligent actions of another driver. However, accidents do occur, and a motorcyclist should be able to secure compensation for their injury and property damage expenses. At Colucci, Colucci & Marcus, P.C., our motorcycle accident lawyers in Boston want to discuss how to prove fault in these cases.
Proving Liability Is Important, But It Can Be Difficult
Massachusetts Department of Transportation says that there were 1,699 total motorcycle crashes during the latest reporting year across the Commonwealth. These incidents led to 45 fatalities and 1,214 injuries. Motorcyclists are inherently more vulnerable to severe injuries in crashes because they have less protection than passengers inside traditional vehicles. Some of the most common causes of motorcycle accidents in Boston include:
- Running a red light
- Failing to yield
- Driving too fast for road conditions
- Following too closely
- Driving while distracted
- Driving under the influence
When a motorcycle rider is injured, there are several ways that an attorney will prove the other driver’s fault. A skilled Boston motorcycle accident who has the resources and legal experience will conduct a thorough investigation into the accident and obtain the following in order to prove fault:
- Any photographs were taken at the scene of the crash.
- Any available video surveillance from nearby homes or businesses.
- The police report that assigns fault for the incident.
- Statements from eyewitnesses to the crash.
Using the evidence obtained from the scene as well as a victim’s medical records, an attorney will negotiate with all parties involved in order to secure fair compensation.
Will You Need To File A Lawsuit?
Most motorcycle accident cases are handled through insurance settlements. However, insurance carriers can be notoriously difficult to deal with, and they do not like to pay out large settlements. If your attorney has obtained strong evidence of the at-fault driver’s negligence, the insurance company may settle quickly and for the amount that covers all of the accident-related expenses.
However, if the insurance carrier refuses to offer a fair settlement or denies a claim, it may be necessary to file a personal injury lawsuit against the at-fault driver.
What If You Were Partially At Fault?
Even those partially at fault for the accident that caused their injuries are able to recover compensation. Under Massachusetts comparative negligence laws, plaintiffs can recover compensation if they are less than 51% responsible for the incident. However, the total amount of compensation they receive will be reduced based on how much they contributed to the incident. For example, if a jury awards $100,000 in damages but determines that the plaintiff was 10% responsible for the incident, then only $90,000 will be awarded.
Let Us Help You Secure The Compensation You Need
If you or somebody you love has been injured in a motorcycle accident caused by another driver’s negligence, you may be entitled to significant compensation. At Colucci, Colucci & Marcus, P.C., our team is ready to investigate every aspect of your case in order to secure the compensation you need. This can include:
- Coverage of your motorcycle crash-related medical bills
- Compensation for lost income if you are unable to work
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against a grossly negligent driver