Massachusetts is a popular state for motorcycle enthusiasts, with beautiful coastal views and a major metropolitan area like Boston. Some individuals who live in cities prefer to use a motorcycle because it is easier to navigate the often-crowded streets, and parking is less of a challenge. Motorcycle safety is a serious issue, however. Some drivers fail to keep a sufficient lookout for nearby or approaching motorcyclists, resulting in devastating collisions. There are a few common types of accidents that impact motorcycle drivers, including a broadside collision. Also referred to as a T-Bone collision, this situation involves a vehicle pulling out in front of a motorcycle and causing the bike to slam into the side of the vehicle. If the impact happens at high speed, the motorcycle rider can be thrown from his or her bike and suffer devastating injuries or even death. Our seasoned Massachusetts motorcycle accident lawyers have helped numerous victims and their families fight for the compensation that they deserve from careless drivers.Establish your Right to Compensation
A broadside collision can happen in a number of ways, but one of the most common scenarios is when a motorcycle is entering an intersection and the other driver fails to yield the right-of-way. Many drivers do not pay sufficient attention to their surroundings, opting instead to engage in distracted driving activities like checking their cell phones, eating, or adjusting the radio. Because motorcycles are smaller in stature than regular passenger vehicles or trucks, they are easier to miss. Their smaller stature also means that motorcycle riders are exposed to the elements and do not have the same protection that passengers of a regular vehicle are afforded.
To recover compensation from a driver who caused a broadside collision, you must show that they did not operate their vehicle with the same level of reasonable care and skill that a prudent driver would have used when facing the same situation. This means that the driver would have to have been paying attention to his or her surroundings, obeying applicable traffic laws, and yielding the right-of-way. When accidents happen quickly, it can be difficult to pinpoint the exact sequence of events that led to the crash. Obtaining a copy of any police reports prepared regarding the accident is one easy way to determine whether the other driver was acting negligently. You can also consult an accident reconstruction expert who will review all evidence related to the crash and determine whether the other driver was at fault.Hold a Careless Driver Accountable
Once you have proven that the other driver did not drive with the appropriate level of care and attention, you must prove that this failure was the direct and foreseeable cause of the injuries that you sustained. The other driver may try to point to some other factor such as inclement weather or your own negligent driving in an attempt to avoid liability. If the jury concludes that you contributed to your own injuries, you may be barred from recovering compensation. Specifically, if the jury concludes that you were 51% at fault or more, then you will not be allowed to receive compensation.
If you are successful in proving causation, then you can recover compensation for a number of damages including your past and anticipated future medical bills, lost wages, reduced earning capacity, and diminished quality of life. In the devastating scenario where the motorcycle rider loses his or her life as a result of the crash, the administrator of his or her estate can bring a wrongful death claim to recover compensation for funeral and burial expenses, medical expenses, and compensation for the decedent’s surviving loved ones.Speak with a Committed Motorcycle Accident Lawyer in Massachusetts
If you or someone in your family has suffered an injury due to a broadside collision, it is important that you consult an attorney as soon as possible to learn about your rights. There are laws that govern when a plaintiff must file his or her action against the person who caused his or her harm called statutes of limitations. A diligent Massachusetts lawyer at our firm is standing by to assist you in learning more about whether you are entitled to compensation in a free and confidential consultation. We are available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Somerville, Quincy, Newton, Dedham, Brookline, Norwood, and Peabody. Call us now at 1-800-262-9200 or contact us online to get started.