Injured Motorcycle Passengers
A motorcycle leaves a driver more exposed to the elements due to the lack of infrastructure. Although this creates part of the appeal of riding a motorcycle due to the unrestricted views, it also creates a serious risk of injury if you are hit by a careless or reckless driver. This applies to injured motorcycle passengers just as much as it applies to a motorcycle driver. If you were injured in a motorcycle accident as a passenger, you may have a claim against the driver of the motorcycle and/or another motorist who caused the accident to take place. The Massachusetts motorcycle accident lawyers at the Law Offices of Barry Feinstein and Affiliates P.C. are available to discuss your situation and whether we can help you pursue the compensation that you deserve.Motorcycle Passenger Injuries
Injured motorcycle passengers face just as serious injuries and damages as motorcycle drivers. There are a wide variety of ways that a passenger can suffer injuries. One of the most common is being thrown from the motorcycle due to the driver’s loss of control or collision with an object. If a motorcycle driver is not paying attention to traffic signs, road conditions, or the weather, it creates serious dangers for the passenger.
In many cases, injury accidents affecting passengers are the result of a collision with another vehicle. This collision may have been the fault of the motorcycle driver or another motorist. Many motorists fail to pay adequate attention while behind the wheel, which can make it challenging for them to see motorcycles in their near vicinity with adequate time. An accident in which a motorist’s vehicle slams into the motorcycle can lead to injured motorcycle passengers. Additionally, if the motorcycle driver causes an accident by rear-ending another vehicle or lane splitting on a highway, the motorcycle passenger can also suffer seriously painful consequences.Seeking Compensation After a Motorcycle Injury
If you were injured while riding a motorcycle as a passenger, you may have a claim against the person who caused the accident. This can be either the motorcycle driver or the driver of another vehicle. If the person who caused the accident was working at the time that it happened, you may also be able to bring a claim against his or her employer under a doctrine called vicarious liability. A diligent lawyer can help you ensure that you seek action against every potentially liable party.
Under Massachusetts law, drivers have a duty to operate their vehicles with reasonable care and skill at all times. This means paying attention to the road, not engaging in distracted driving habits like texting or surfing social media, and not being intoxicated. It is also key for drivers to obey traffic laws like yielding the right-of-way at intersections and using appropriate signals when changing lanes. You will need to show that the driver who allegedly caused the accident failed to drive according to this standard of care in your claim.
You will also have to show that the defendant’s lack of due care was the direct and foreseeable cause of the injury that you sustained. This means that if the defendant can point to some other factor as the substantial cause of the accident like a dangerously designed road or your own negligent conduct, then you may be barred from recovering compensation.
Finally, if you are successful in establishing a breach of the duty of care and causation, you can recover a variety of damages. This can include past and future estimated medical care, physical therapy, medication costs, lost earning capacity, and lost wages. Seeking all possible categories of compensation is incredibly important if you face severe injuries so that you can receive the financial support you need to cope. The most catastrophic injury that motorcycle passengers face are traumatic brain injuries or paralysis-induced injuries to the spine. Less serious injuries can affect the neck and include soft tissue damage to the muscles, ligaments, tendons, and nerves in the neck. Many of these injuries lead to a lifetime of treatment and lifestyle changes.Meet With an Attorney in Massachusetts to Discuss Your Case
The lawyers at the Law Offices of Barry Feinstein and Affiliates P.C. understand how stressful a motorcycle injury accident can be for the victim and his or her loved ones. It can be confusing to know whether you may be entitled to compensation and whether you are doing everything possible to protect your rights. We are available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. To schedule your free and confidential consultation call our office at 1-800-262-9200 or contact us online to get started.