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A rear-end collision involving a motorcycle raises two questions at once: who is responsible for the impact and how serious the rider’s injuries are. Boston motorcyclists face that situation regularly on corridors built for volume rather than spacing, including I-93, the Southeast Expressway, and Storrow Drive. A rider struck from behind has no crumple zone and no restraint system, so a low-speed impact that leaves a car with a scuffed bumper can throw a motorcyclist onto the pavement. The legal question that follows is whether the trailing driver operated negligently, and what the physical evidence can show about speed, braking, and spacing in the seconds before contact.
At Colucci, Colucci & Marcus, P.C., Dino M. Colucci and our team of motorcycle accident attorneys in Boston represent people injured in collisions with cars, trucks, and commercial vehicles. We can investigate how the crash occurred, gather the records that document speed and braking, and build the medical proof that connects the impact to the injury.
This page covers the common causes of rear-end motorcycle crashes, how liability is assigned to a trailing driver, how comparative negligence under Massachusetts law can reduce compensation, the injuries these impacts produce, the evidence that supports a claim, how insurance coverage applies to motorcyclists, the categories of recoverable compensation, and the three-year filing deadline. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case.
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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…
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…
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…
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Most rear-end motorcycle collisions happen because a trailing driver could not stop within the distance available. Motorcycles are narrower and shorter than surrounding vehicles, so a driver scanning for car-sized objects can misjudge their position and stopping speed.
A driver looking at a phone for two seconds at highway speed covers over 100 feet without watching the road. On congested stretches of I-90, that interval is often the entire gap between vehicles, leaving a motorcyclist no way to compensate.
Tailgating is the most frequent factual pattern in rear-end motorcycle claims. A driver leaving only a car-length of space at 40 miles per hour has no realistic chance of stopping when the rider brakes for traffic or debris.
Traffic near the Ted Williams Tunnel ramps and Logan Airport access roads compresses and releases without warning. Abrupt braking travels backward through the line, and a motorcyclist absorbs the consequences if the driver behind reacts late.
The driver who strikes a motorcycle from behind is often responsible, since Massachusetts drivers must control speed and keep enough distance to stop safely. This is a practical inference a fact finder can draw from the evidence, not an automatic rule, and it can be rebutted.
Civil liability is based on ordinary negligence principles. A violation of an applicable motor vehicle law or regulation can be evidence of negligence, but it does not by itself establish civil liability. A citation issued at the scene is relevant but does not decide the civil claim. What matters is whether the trailing driver traveled at a reasonable speed, kept a following distance allowing normal reaction time, and was paying attention.
Fault can also be shared or shifted. A defense may argue the motorcyclist braked without cause, changed lanes into the gap before impact, rode with an inoperative brake light, or stopped in a travel lane. Event data recorder downloads, skid measurements, and lighting inspections can support or undercut those arguments.
Key Takeaway: The trailing driver is often responsible for a rear-end motorcycle collision, but responsibility is not automatic, and evidence about speed, braking, and lane position can shift or divide fault.
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…
Massachusetts follows modified comparative negligence under M.G.L. c. 231, Section 85. A rider can recover unless their fault exceeds the defendant’s combined fault (over 50 percent).
Below that threshold, compensation is reduced proportionally. A rider 20 percent at fault in a $200,000 claim recovers $160,000.
Percentages are set by the jury at trial, or negotiated between insurance adjusters and attorneys based on what a jury would likely decide. The rider’s conduct, functioning brake and tail lights, lawful lane position, and reasonable speed can affect how fault is divided. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a free consultation.
Key Takeaway: A Boston motorcyclist who is partly at fault can still recover compensation, reduced by their percentage of responsibility, unless that share is greater than 50 percent.
Rear-end impacts push the rider forward off the seat and onto the roadway, producing the same injury categories seen across serious motorcycle collisions.
Impact forces commonly fracture wrists, forearms, collarbones, ribs, and lower legs, and can dislocate shoulders and hips when the rider lands or is pinned.
Sliding across pavement removes skin in layers, and deep friction abrasions can require debridement and skin grafting.
Closed-head trauma can occur even with a compliant helmet, because rapid acceleration and deceleration forces cause the brain to collide with the inside of the skull.
Contact with road debris, vehicle components, or a broken helmet shell can produce penetrating wounds requiring emergency surgical treatment.
Symptoms, including headaches, light sensitivity, memory gaps, and sleep disruption, can appear hours or days after the crash.
Damage at the cervical, thoracic, or lumbar level can cause lasting weakness, sensory loss, or paralysis, with the injury level largely determining the extent of impairment.
The forward-then-backward motion of a rear-end strike can herniate discs and injure vertebrae and soft tissue, often producing pain that persists even after initial X-rays appear stable.
Blunt force to the torso can injure the spleen, liver, kidneys, or lungs, and internal bleeding is not always apparent at the scene.
Key Takeaway: Rear-end impacts can cause the full range of injuries associated with motorcycle collisions, from fractures and road rash to brain, spinal cord, and internal organ damage.
Key Takeaway: Box trucks and semis can be subject to different licensing, recordkeeping, and safety requirements even when the same employer liability principles apply. Identifying the vehicle and how it was being operated helps determine which rules and evidence are relevant to the claim.
The type of commercial vehicle involved can affect the rules and records that apply after a crash. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to speak with a Boston truck accident attorney about your next steps.
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Exceptional firm! They are excellent in all the areas of law that they practice. They did an amazing job assisting my parents with their affairs in their elder years and are incredible personal injury attorneys. Our family has been using them for almost 20 years now and it’s proven to have been the best decision we ever made…
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Evidence in a rear-end case is aimed at determining what the trailing driver was doing in the seconds before impact. Several categories of proof are relevant, and some of them disappear quickly.
Preservation letters can be sent immediately to a vehicle owner, an employer, or a nearby business to legally halt the destruction or overwriting of crucial recordings and vehicle data. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to schedule a consultation.
Dino M. Colucci is the founding partner of Colucci, Colucci & Marcus, P.C. and serves as lead trial counsel. Since 1988, he has represented clients in personal injury and civil litigation, including motor vehicle and commercial trucking crashes, product liability, medical malpractice, and wrongful death. He has been named to Massachusetts Super Lawyers annually since 2012, holds a Martindale-Hubbell AV Preeminent rating, belongs to the Multi-Million Dollar Advocates Forum, and was named to The Best Lawyers in America 2027.
Dino is also a certified mediator through Harvard Law School’s Program on Mediation and an adjunct professor of trial evidence and technique at Suffolk University Law School. His results include a $2.5 million wrongful death recovery against a worldwide trucking company.
Darin Colucci is the managing partner of Colucci, Colucci & Marcus, P.C. and concentrates his practice on personal injury and civil litigation with a focus on trial advocacy. He holds a B.A. from Bucknell University and graduated cum laude from Suffolk University Law School, where he served on the Suffolk University Law Review.
Darin has been named to Massachusetts Super Lawyers annually since 2017, The National Trial Lawyers Top 100, Lawyers of Distinction, and the National Academy of Personal Injury Attorneys, and he was named to The Best Lawyers in America 2027. He has provided legal commentary for WBZ Radio and served as lead negotiator for more than 100 plaintiffs in a multimillion-dollar unfair and deceptive practices settlement.
Matthew J. Marcus is a partner whose practice covers estate planning, elder law, disability law, guardianship, and mental health law. He holds a B.A. from Boston University, a J.D. from Suffolk University Law School, and an LL.M. in Taxation from Boston University School of Law.
Matthew has been named a Massachusetts Super Lawyer every year since 2006. He previously served as a Hearing Officer for the Massachusetts Board of Bar Overseers, co-chaired the Boston Bar Association’s Elder Law Committee, and served on the board of the Massachusetts Chapter of the National Academy of Elder Law Attorneys.
Motorcyclists in Massachusetts are treated differently from drivers under no-fault benefits. Personal Injury Protection does not cover motorcycle operators or passengers injured while riding under 211 CMR 3.02. If the rider has health insurance, medical bills go through that coverage, and optional medical payments coverage can pay eligible expenses not paid by the health plan.
A third-party liability claim against the at-fault driver’s bodily injury carrier can cover medical expenses, lost earnings, and pain and suffering. If that driver is uninsured, the rider’s uninsured motorist coverage can apply. Underinsured motorist coverage can apply if the rider purchased that optional coverage and its policy terms are met.
Health insurers and medical providers can assert liens or reimbursement rights against a settlement, affecting what the rider ultimately keeps.
A rear-end motorcycle claim covers economic losses, non-economic losses, and property damage, depending on injury severity, insurance limits, and fault.
| Category | What it can cover | Key consideration |
|---|---|---|
| Medical expenses | Emergency care, surgery, imaging, hospitalization, rehabilitation, future treatment | Requires records and bills linking treatment to the crash |
| Lost wages and earning capacity | Time missed from work and reduced ability to earn going forward | Supported by payroll records and, in serious cases, vocational evidence |
| Pain and suffering | Physical pain, scarring, loss of function, and disruption of daily activities | Section 6D's threshold does not apply to a rider on a motorcycle registered in Massachusetts |
| Property damage | Repair or replacement of the motorcycle, helmet, and riding gear | Handled separately from the bodily injury claim |
For a rider on a motorcycle registered in Massachusetts, the $2,000 medical expense threshold in M.G.L. c. 231, Section 6D does not apply to pain and suffering recovery. In Murphy v. Bohn, 377 Mass. 544 (1979), the Massachusetts Supreme Judicial Court held that the threshold did not restrict such a motorcyclist’s recovery.
A spinal injury or a brain injury can reduce earning capacity for years, proven through medical opinion and economic analysis rather than receipts. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss your case.
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A motorcycle injury lawsuit must be filed within three years of the collision under M.G.L. c. 260, Section 2A, or it may be dismissed unless an exception or tolling rule applies.
Claims against a public employer or municipal vehicle carry shorter notice requirements, often requiring a formal written claim (presentment) within two years. A claim can be tolled if the injured person was a minor or was incapacitated by mental illness when the claim accrued. A wrongful death action must be filed within three years of death or within three years after the executor or administrator knew, or should have known, the factual basis for the claim, subject to statutory exceptions.
Surveillance footage is overwritten, vehicles are repaired or scrapped, and witness recollection fades, so evidence is strongest early.
Key Takeaway: Most Massachusetts motorcycle injury lawsuits must be filed within three years of the crash, and missing that deadline can result in dismissal unless an exception or tolling rule applies.
Venue depends on where the collision occurred and where the parties reside. Our team handles motorcycle claims arising in Suffolk, Norfolk, and Middlesex counties, which together cover Boston and most of the surrounding communities where riders commute daily.
For civil money damages cases filed in Boston, a claim with a reasonable likelihood of recovery above $50,000 can proceed in Suffolk County Superior Court, while a claim with no reasonable likelihood of recovery above $50,000 can proceed in the Boston Municipal Court. The Superior Court also applies a tracking order that sets deadlines for stages of litigation, including discovery and trial, which is one reason early investigation and medical documentation matter. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a free, confidential consultation.
We represent injured motorcyclists throughout Boston, including Back Bay, Beacon Hill, the North End, South Boston, Dorchester, Roxbury, Jamaica Plain, Charlestown, East Boston, Allston-Brighton, Hyde Park, and West Roxbury, along with riders injured on I-93, the Southeast Expressway, Storrow Drive, the Massachusetts Turnpike, and the Ted Williams Tunnel approaches. Our practice also extends to riders injured elsewhere in Massachusetts. Clients across Boston, Massachusetts can reach our office at 31 Milk St, 4th Floor.
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…
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…
Being struck from behind on a motorcycle leaves a rider dealing with treatment, time away from work, and an insurance process that started without them. Having a clear answer about fault, coverage, and deadlines makes the next steps manageable.
Colucci, Colucci & Marcus, P.C. represents riders injured in collisions with cars, trucks, and commercial vehicles throughout Boston. Our team obtains the crash report, requests vehicle data and video before it is lost, works with reconstruction and medical professionals, and presents the claim to the liability carrier with the documentation it requires. We handle these matters in Suffolk County Superior Court and the Boston Municipal Court.
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.
Fault is determined under ordinary negligence principles by asking whether the trailing driver used reasonable care. A traffic-law violation can support a negligence finding, but it does not decide civil liability on its own. Factors include speed, following distance, attention, road conditions, and the motorcyclist’s lane position and lighting. Event data recorder downloads, video, and the crash report are the evidence most often used to establish those facts.
Yes, provided the rider’s share of fault is not greater than 50 percent, under M.G.L. c. 231, Section 85. Compensation is reduced in proportion to the rider’s percentage of responsibility, so a rider found 25 percent at fault recovers 75 percent of the assessed damages.
Three years from the date of the collision under M.G.L. c. 260, Section 2A. A two-year presentment deadline can apply to claims against a public employer. The court can also pause this countdown for individuals under 18 or those facing incapacitating mental illness at the time of the crash.
M.G.L. c. 90, Section 7 requires motorcycle operators and passengers to wear protective headgear that meets applicable standards. Riding without a helmet does not bar a claim, but a defendant may raise it under comparative negligence principles, and it can be argued as relevant to the extent of head injury damages.
Uninsured motorist coverage applies, subject to the policy terms, when the at-fault driver has no liability insurance or is a hit-and-run driver. Riders can utilize underinsured motorist benefits only if they actively elected to carry this optional add-on and satisfy all contractual prerequisites. These claims are made against your own motorcycle policy and have their own notice requirements, so review your declarations page early.
An operator involved in a crash causing injury, death, or more than $1,000 in damage to any one vehicle or other property must file a Motor Vehicle Crash Operator Report with the Registry of Motor Vehicles and send a copy to the police department having jurisdiction within five days under M.G.L. c. 90, Section 26. The report becomes part of the record in the claim, so accuracy matters.
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…
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…
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…