Neck Injuries in Motorcycle Accidents
If you enjoy traveling on a motorcycle, chances are you are well aware of the unique dangers that you face in doing so. Most of these dangers have nothing to do with rider safety, however, and are directly linked to other motorists’ failure to use reasonable care and skill when operating their vehicles on the roadway. If you are injured in a motorcycle accident if you meet certain criteria, you can bring a personal injury action to seek compensation for your injuries and damages. This sounds straightforward, but neck injuries in motorcycle accidents can be complex. The Massachusetts motorcycle accident lawyers at the Law Offices of Barry Feinstein and Affiliates P.C., are available to discuss your potential motorcycle neck injury claim.Causes of Neck Injuries in Motorcycle Accidents
Most commonly referred to as whiplash, a motorcycle neck injury can be incredibly painful and debilitating. The human brain is protected by bone, but there is some room for movement within the skull cavity. Massachusetts is one of 19 states that has passed a universal helmet law, meaning that all riders are required to wear a state-approved helmet. Although helmets can provide some protection from serious head injuries, they may not be able to prevent whiplash in all cases.
When a rider suffers impact during a collision, his or her head may jolt back and forth inside the helmet. This causes the vertebrae in the neck to whip back and forth as well, which leads to serious injuries to the ligaments, tendons, and muscles in the neck. This is the specific injury that is referred to as whiplash. Common types of accidents involving motorcycles that lead to whiplash are accidents where a motorcycle is hit from behind at a low speed. At higher speeds, the rider may be ejected from the motorcycle, which can lead to even more serious injuries to the brain and body. Some of the primary symptoms that victims of whiplash experience include ongoing headaches, issues with their vision, depression and anxiety, chronic pain, and more.Secure the Compensation You Deserve
A motorcycle rider who has suffered neck-related injuries like whiplash can bring a claim for compensation against the person or companies who caused the accident. In any claim, the plaintiff will need to show that the defendant did not operate his or her vehicle with reasonable care and skill and that the plaintiff’s injuries happened as a direct and foreseeable result of the lack of adequate care. In general, motorists have an obligation to drive with diligence, to refrain from distracted driving, and to obey all applicable traffic laws when behind the wheel. Unfortunately, distracted driving and reckless driving are incredibly common. Due to the smaller stature of motorcycles, it can be more challenging for drivers to see them in time to act accordingly, especially if the driver is looking at his or her cell phone or intoxicated.
Proving that the other driver acted carelessly is not enough. You must also show that there is a causal link between his or her conduct and your injuries. The defendant may try to argue that you would have suffered injuries even if he or she had acted reasonably due to your own negligent conduct at the time of the accident. Having a lawyer on your side can help you ensure that you protect your rights and put forth the strongest case possible.
There are numerous categories of damages available to an injured motorcycle rider including past and future estimated medical expenses, lost wages, lost earning capacity, and loss of the enjoyment of life.Schedule a Consultation With an Attorney in Massachusetts to Discuss Your Case
We at the Law Offices of Barry Feinstein and Affiliates P.C. are available to discuss neck injuries in motorcycle accidents claims in a free and confidential consultation. The lawyers in our office understand how overwhelming this process is for you and your loved ones and will fight diligently on your behalf to assert your rights. We are available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. Call our office today at 800.262.9200 or contact us online to get started.