Motorcycle Crashes Near Driveways
A serious danger for motorcyclists and their passengers is being struck by a car or truck near a private or commercial driveway. According to Massachusetts law, drivers are required to use reasonable care when either entering or exiting a driveway, especially if they are reversing when doing so. In general, this means looking both ways to ensure the way is clear, and traveling at a safe speed. Unfortunately, some drivers fail to abide by this standard and act carelessly, causing motorcycle crashes near driveways and putting lives at risk. If you have been harmed under these circumstances, a seasoned Massachusetts motorcycle accident lawyer at our firm is available to assist you. We understand how important it is for you to pursue compensation for your injuries in a timely fashion, and are prepared to help you assert your rights.Motorcycle Crashes Near Driveways
When it comes to motorcycle accidents, there is rarely a good reason why the driver who caused the accident failed to use reasonable are. In some instances, the driver may try to argue that his or her view was blocked due to shrubbery or signage. Even though these objects can present challenges when it comes to visibility, the law requires the driver to exercise appropriate caution when they are behind the wheel. If a shrub or sign is blocking the view, the driver should proceed slowly and ensure that the path is clear before entering the roadway.
Some motorcycle driveway accidents happen when a car is entering a driveway from a main road. In many instances, this involves crossing an oncoming lane of traffic to enter the driveway. Accidents involving motorcycles can happen in this scenario due to a variety of factors, including speeding and distracted driving. If a driver is engaged in other activities like texting or talking on the phone, they may not notice a motorcycle approaching in the opposite lane before they make their turn to enter the driveway, causing a broadside collision. Also, when a driver is entering a driveway from the right side of the road, they may stop suddenly, especially if it is a new address that the driver is trying to find for the first time. This can cause a motorcycle rider to slam into the back of the vehicle, leading to painful and debilitating injuries.Recovering Compensation From a Careless Driver
The first step to recovering compensation after a motorcycle accident near a driveway is to file a personal injury claim against the person who is responsible for the accident, and a knowledgeable lawyer can help. You may also have a claim against the driver’s employer if they were working at the time of the crash. Under the vicarious liability doctrine, employers can be held responsible for tortious activities that their employees commit during the course and scope of employment. In this kind of lawsuit, you will need to show that the driver failed to drive their vehicle with reasonable care and skill. This standard examines what a prudent and careful driver would have done when faced with the same scenario. In general, this means traveling at a safe speed for the weather and road conditions, refraining from distracted driving, and obeying traffic laws.
Next, you will need to show that you would not have been injured but for the defendant’s lack of reasonable care. This is called causation. Without establishing a causal link between the accident and the injuries you suffered, you may not be awarded compensation. Defendants often attempt to undermine the plaintiff’s case at this stage by alleging that some other factor was the primary reason for the accident, including the plaintiff’s own negligence at the time of the crash.
If you are successful in establishing the elements of negligence, you can recover compensation for things like past and future estimated medical bills, lost wages, and reduced earning capacity.Meet With a Tenacious Motorcycle Accident Lawyer in Massachusetts
We have seen firsthand how devastating a motorcycle accident can be for the victim and his or her family. We offer a free consultation to discuss your situation and whether we may be able to assist you. A dedicated Massachusetts attorney at our firm is available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Somerville, Quincy, Newton, Dedham, Norwood, Brookline, and Peabody. Call our office today at 1-800-262-9200 or contact us online to get started.