Serious Boston Motorcycle Accident Leaves Driver Hospitalized 

A serious Boston motorcycle accident left one hospitalized earlier this month on October 7. Multiple state police responded to the incident involving a motorcyclist with serious injuries. Two lanes were closed, causing very heavy traffic delays in the eastbound lanes while EMS was en route to the scene. Good Samaritans helped the motorcyclist, who was lying on the ground near the motorcycle at the time of the accident. The cause of the crash was not immediately known, according to NBC 10 News.  

While the specific cause of the crash remains unknown, motorcycle accidents such as these are unfortunately all too common around the Boston metropolitan area. Factors like heavy traffic, hazardous road conditions, and severe weather can all have a hand in serious motorcycle accidents. If you’ve been involved in a motorcycle accident, our team of dedicated accident attorneys at Harrington & Harrington are here to help you recover your losses and ease your pain every step of the way. Give us a call at (617) 227-1795 to get started 

Why Contact a Boston Motorcycle Accident Attorney

When you’ve been injured in a motorcycle accident, contacting an experienced Boston motorcycle accident attorney is crucial to protecting your rights and securing the compensation you deserve. Motorcycle accidents present unique legal challenges that require specialized knowledge and experience to navigate successfully. When you work with Harrington & Harrington, you’ll have the opportunity to have your case thoroughly investigated, giving you the peace of mind to recover quickly. Our legal team takes care of every aspect of your case, from gathering evidence and negotiating with insurance companies to preparing for trial if necessary, ensuring that you receive the justice and compensation you deserve while you concentrate on healing and rebuilding your life.

Motorcyclists face an uphill battle when dealing with insurance companies after an accident. Unfortunately, there’s often an unfair bias against riders, with insurers and defense attorneys quick to stereotype motorcyclists as reckless or at fault regardless of the actual circumstances. This prejudice can result in lowball settlement offers or outright claim denials, even when the other driver was clearly responsible for the collision. Our Boston motorcycle accident attorneys understand these challenges and know how to counter anti-motorcycle bias with solid evidence, expert testimony, and aggressive advocacy. We’ve successfully represented countless riders throughout the Greater Boston area, recovering substantial compensation for medical expenses, lost income, pain and suffering, and long-term disability. Don’t let insurance company tactics prevent you from obtaining the full and fair recovery you’re entitled to under Massachusetts law. 

How Often Do Motorcycle Accidents Happen in Boston?

Motorcycle accidents are a frequent and serious concern across the Boston area. According to the Massachusetts Department of Transportation and state health data, the number of motorcycle‐involved crashes each year is estimated to be about 2,000. In recent years, the number of Boston motorcycle accidents has risen substantially. More than half of motorcycle fatalities take place in the warmer months (from May through September), when riders are more active and other vehicles may not expect their presence as much. Riders in the Boston metropolitan area should assume elevated exposure to crash risk and take precautions accordingly.

Common Causes of Motorcycle Accidents in Boston

Motorcycle accidents in the Boston area stem from a variety of factors, many of which are preventable with proper attention and adherence to traffic laws. Understanding these common causes helps injured riders and their attorneys build strong cases for compensation.

Distracted Driving

Distracted driving remains one of the leading causes of motorcycle accidents in Massachusetts. Drivers who text, use navigation systems, adjust the radio, or engage in other distracting behaviors often fail to notice motorcyclists sharing the road. According to the National Highway Traffic Safety Administration, distraction-affected crashes claim thousands of lives annually. Motorcyclists are particularly vulnerable because their smaller profile makes them less visible to distracted drivers, especially in heavy traffic conditions like those often found on Boston’s busy roadways.

Failure to Yield Right of Way

Many Boston motorcycle accidents occur when other drivers fail to yield the right of way at intersections, during lane merges, or when motorcyclists are traveling straight through an intersection. Drivers making left turns frequently misjudge the speed and distance of oncoming motorcycles, resulting in devastating T-bone collisions. Massachusetts traffic laws grant motorcyclists the same rights as other vehicles, but enforcement and driver awareness remain ongoing challenges.

Unsafe Lane Changes and Blind Spots

Sudden lane changes without proper signaling or checking blind spots create serious hazards for motorcyclists. Large vehicles like trucks and SUVs have particularly large blind spots where motorcycles can disappear from view. When drivers change lanes without ensuring the space is clear, motorcyclists have little time to react and often cannot avoid the collision. These accidents frequently result in severe injuries as motorcyclists are sideswiped or forced off the road.

Speeding and Aggressive Driving

Excessive speed reduces reaction time and increases the severity of crashes when they occur. Aggressive driving behaviors, including tailgating, weaving through traffic, and racing, create unpredictable conditions that are especially dangerous for motorcyclists. The Massachusetts Registry of Motor Vehicles reports that speed-related crashes contribute to a significant portion of serious injury and fatal accidents across the state.

Road Hazards and Poor Maintenance

Motorcyclists face unique risks from road hazards that might pose minimal danger to cars. Potholes, uneven pavement, debris, oil slicks, and inadequate road markings can cause motorcyclists to lose control. Unlike car drivers, motorcyclists cannot easily navigate around these hazards without potentially entering other lanes of traffic. Government entities responsible for road maintenance can be held liable when poor road conditions contribute to motorcycle accidents.

Understanding Massachusetts Motorcycle Laws and Regulations

Massachusetts has specific laws and regulations governing motorcycle operation that every rider should understand. These laws not only promote safety on the roads but also play a crucial role in motorcycle accident cases, as violations can affect liability determinations and the outcome of injury claims.

Helmet Laws and Safety Requirements

Massachusetts law requires all motorcycle operators and passengers to wear protective headgear that meets the minimum standards established by the Registry of Motor Vehicles. According to Massachusetts General Laws Chapter 90, Section 7, helmets must conform to the minimum standards of the United States Department of Transportation. Failure to wear a helmet doesn’t automatically bar you from recovering compensation after an accident, but insurance companies may attempt to use helmet violations to argue that you contributed to your own injuries. An experienced attorney can counter these arguments by demonstrating that the helmet violation didn’t cause or contribute to the specific injuries you sustained.

Motorcycle License Requirements

Operating a motorcycle in Massachusetts requires either a Class M motorcycle license or a Class D driver’s license with a motorcycle endorsement. To obtain motorcycle credentials, riders must pass both written knowledge tests and on-road skills examinations that demonstrate their ability to safely operate a motorcycle. Riding without proper licensing constitutes a serious violation that can impact your ability to recover compensation after an accident, as it may be used to establish comparative negligence. However, even unlicensed riders who are injured due to another driver’s negligence may still have valid claims for compensation.

Lane Splitting and Positioning Rules

Unlike some states that permit lane splitting, Massachusetts does not explicitly allow this maneuver. Motorcyclists must follow the same lane usage rules as other vehicles, meaning they should occupy a full lane and not share lanes with cars. While motorcycles can ride two abreast in a single lane, this practice can be dangerous in heavy traffic. If an accident occurs while a rider is lane splitting or improperly positioned between vehicles, insurance companies will likely argue the rider bears partial or complete responsibility for the collision.

Insurance Requirements for Motorcyclists

Massachusetts law requires all motorcycle owners to carry minimum liability insurance coverage. The mandatory coverage includes bodily injury to others ($20,000 per person and $40,000 per accident), personal injury protection (PIP) for medical expenses, and property damage to others ($5,000). However, these minimum requirements often fall far short of covering serious injuries sustained in motorcycle accidents. Smart riders carry additional coverage, including higher liability limits, uninsured/underinsured motorist coverage, and optional collision and comprehensive coverage for their bikes.

Right-of-Way and Traffic Laws

Massachusetts traffic laws grant motorcyclists the same rights and responsibilities as operators of other vehicles. Motorcycles are entitled to full use of a traffic lane, and other vehicles cannot deprive motorcycles of their right to the lane. At intersections, motorcyclists have the same right-of-way rules as cars, yet many accidents occur when drivers fail to yield to motorcycles, particularly during left turns. The Massachusetts Driver’s Manual specifically instructs drivers to watch for motorcycles and allow them proper space, but enforcement of these protections remains challenging.

How Violations Affect Your Claim

When pursuing compensation after a motorcycle accident, any traffic violations you committed can be used against you under Massachusetts’ comparative negligence law. If you’re found partially at fault for the accident, whether due to speeding, improper lane usage, equipment violations, or other infractions, your compensation will be reduced by your percentage of fault. If you’re found more than 50% responsible, you cannot recover any compensation at all. This is why having an experienced attorney is crucial, as they can challenge allegations of violations and present evidence demonstrating that the other driver’s negligence was the primary cause of the crash.

Steps to Take After a Motorcycle Accident in Boston

The actions you take immediately following a motorcycle accident can significantly impact both your physical recovery and your ability to pursue compensation. Knowing what to do in the chaotic aftermath of a crash helps protect your health and your legal rights.

Seek Immediate Medical Attention

Your health and safety must be the top priority after any motorcycle accident. Even if you don’t believe your injuries are serious, seek medical evaluation as soon as possible. Some injuries, particularly traumatic brain injuries and internal bleeding, may not show immediate symptoms but can be life-threatening if left untreated. Additionally, prompt medical documentation creates a clear record linking your injuries to the accident, which becomes crucial evidence in your legal claim.

Report the Accident to Police

Massachusetts law requires drivers involved in accidents resulting in injury, death, or property damage exceeding $1,000 to report the crash to police. The police report becomes an important piece of evidence, documenting the time, location, vehicles involved, witness information, and the officer’s preliminary assessment of fault. Request a copy of the report for your records and provide it to your attorney.

Document the Scene

If you’re physically able, gather as much evidence as possible from the accident scene. Take photographs of vehicle damage, road conditions, skid marks, traffic signals, and visible injuries. Collect contact information from witnesses who saw the crash occur. Note details about weather conditions, visibility, and traffic patterns. This evidence can prove invaluable when reconstructing the accident later.

Notify Your Insurance Company

Contact your insurance company to report the accident, but be cautious about what you say. Provide basic factual information about the time, location, and vehicles involved, but avoid making statements about fault or the extent of your injuries. Insurance companies can use your statements against you later, so it’s best to consult with an attorney before providing recorded statements or detailed accounts.

Preserve Evidence

Keep all documentation related to your accident and injuries, including medical records, bills, prescription receipts, repair estimates, and correspondence with insurance companies. Save damaged riding gear, helmets, and clothing, as these items can help demonstrate the severity of the crash. If your motorcycle has an onboard camera or if you were wearing a helmet camera, preserve that footage immediately.

Avoid Social Media

Refrain from posting about your accident or injuries on social media platforms. Insurance companies routinely monitor accident victims’ social media accounts, looking for content they can use to dispute injury claims. Even innocent posts about daily activities can be misinterpreted and used to argue that your injuries aren’t as serious as claimed.

Consult with an Attorney Before Accepting Any Settlement

Insurance companies often contact accident victims quickly with settlement offers, hoping to resolve claims before victims understand the full extent of their injuries and losses. These initial offers are typically far below the true value of your claim. Consult with an experienced motorcycle accident attorney before accepting any settlement or signing any documents. Once you accept a settlement, you generally cannot pursue additional compensation later, even if your injuries turn out to be more serious than initially believed.

How Motorcycle Accident Attorneys Help 

Motorcycle accident cases involve complex legal, medical, and insurance issues that require specialized expertise to handle effectively. An experienced attorney provides comprehensive support across multiple critical areas, from investigating the crash and countering biases to negotiating with insurance companies and securing maximum compensation for your injuries and losses.

Understanding Bias Against Motorcyclists

Motorcyclists often face unfair biases from insurance companies, juries, and even law enforcement who may assume that riders are inherently reckless or responsible for their own accidents. These misconceptions can significantly impact your ability to recover fair compensation. An experienced motorcycle accident attorney understands these dynamics and knows how to counter prejudices with clear, factual evidence that demonstrates the true circumstances of your crash.

The Severity of Motorcycle Accident Injuries

Unlike passengers in cars, motorcyclists have minimal protection when accidents occur. Even crashes at moderate speeds can result in catastrophic injuries, including traumatic brain injuries, spinal cord damage, fractures, road rash, and internal organ damage. The medical treatment for these injuries is often extensive and expensive, requiring immediate intervention, multiple surgeries, lengthy rehabilitation, and sometimes lifelong care. An attorney ensures that all current and future medical expenses are accounted for in your claim, preventing you from being left with overwhelming financial burdens.

Complex Investigation Requirements

Motorcycle accident cases require thorough investigations that go far beyond the police report. Attorneys conduct detailed analyses of the crash scene, gather witness statements, obtain traffic camera footage, secure event data recorder information from involved vehicles, and work with accident reconstruction experts to determine exactly how the crash occurred. In cases like the Prudential Tunnel accident, where multiple factors may have contributed to the crash, this comprehensive investigation is essential to identifying all liable parties and building a strong case.

Dealing with Insurance Companies

Insurance companies employ experienced adjusters and attorneys whose primary goal is to minimize payouts. They often make quick, lowball settlement offers to injured motorcyclists before the full extent of injuries and damages is known. Without legal representation, you may accept an inadequate settlement that fails to cover your actual losses. A skilled motorcycle accident attorney negotiates from a position of strength, ensuring that insurance companies cannot take advantage of you during your most vulnerable time.

Calculating Full Damages

Determining appropriate compensation in a motorcycle accident case requires sophisticated analysis of both economic and non-economic losses. Economic damages include medical expenses, lost wages, reduced earning capacity, property damage, and rehabilitation costs. Non-economic damages account for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disabilities. Attorneys work with medical professionals, economists, and vocational experts to accurately calculate the full value of your claim, ensuring you receive compensation that truly reflects your losses.

Navigating Massachusetts Laws and Deadlines

Massachusetts has specific laws governing motorcycle accidents, including comparative negligence rules that can affect your recovery if you bear any percentage of fault. Additionally, the state imposes strict deadlines for filing personal injury claims, which is generally three years from the date of the accident. Roadway defect claims must be filed within 30 days of the accident. Missing these deadlines can result in permanent loss of your right to compensation. An experienced attorney ensures all necessary paperwork is filed on time and that your case complies with all applicable Massachusetts laws and procedures.

How Comparative Negligence Works in Massachusetts

Massachusetts follows a modified comparative negligence rule that can significantly impact your ability to recover compensation after a motorcycle accident. Understanding how this legal doctrine works is crucial for injured riders, as it determines whether you can recover damages and how much compensation you may receive. Insurance companies and defense attorneys frequently attempt to exploit comparative negligence rules to reduce or eliminate their payout obligations, making experienced legal representation essential.

The 51% Bar Rule in Massachusetts

Massachusetts operates under what’s known as a “51% bar rule” or “modified comparative negligence” system. Under Massachusetts General Laws Chapter 231, Section 85, an injured party can recover damages only if they are found to be 50% or less at fault for the accident. If you’re determined to be 51% or more responsible for causing the crash, you’re completely barred from recovering any compensation, regardless of how severe your injuries are or how much the other party also contributed to the accident.

This threshold creates a critical battleground in motorcycle accident cases. Insurance companies and defense attorneys work aggressively to shift as much blame as possible onto the injured motorcyclist, knowing that if they can convince a jury you were 51% at fault, they owe you nothing. Even if they can’t reach that threshold, every percentage point of fault attributed to you reduces your compensation by that amount.

How Fault Percentage Affects Your Compensation

When you’re found partially at fault but remain below the 51% threshold, your compensation is reduced proportionally by your percentage of fault. For example, if a jury determines your total damages are $500,000 but finds you 20% responsible for the accident, your recovery would be reduced by $100,000, leaving you with $400,000. If you’re found 30% at fault, you’d receive $350,000. The closer your fault percentage approaches 51%, the more dramatically your compensation decreases.

This proportional reduction applies to all categories of damages, including medical expenses, lost wages, property damage, and pain and suffering. You cannot argue that your fault should only reduce certain categories of damages while leaving others intact. The percentage reduction applies across the board to your total damage award.

Common Scenarios Where Comparative Negligence Arises

In motorcycle accident cases, comparative negligence arguments typically arise in several common scenarios:

Speed-Related Claims

Defense attorneys frequently argue that motorcyclists were traveling above the speed limit or too fast for conditions, contributing to the accident’s severity or making it impossible to avoid the collision. Even if another driver caused the initial hazard, the defense may claim your speed prevented you from stopping in time, thus sharing fault for the crash.

Lane Positioning

Insurance companies may argue that you were riding too close to the lane divider, too far to one side of the lane, or improperly positioned relative to other traffic. They might claim your lane position made you less visible or contributed to a sideswipe collision, even when the other driver failed to check their blind spot before changing lanes.

Following Distance

In rear-end collisions, defense attorneys often argue that motorcyclists were following too closely and couldn’t stop in time when traffic ahead slowed. While the lead vehicle typically bears primary responsibility for sudden stops, defendants attempt to shift partial blame by claiming the motorcyclist violated safe following distance rules.

Distraction or Inattention

Defense teams investigate whether you were distracted at the time of the crash, looking at your phone, adjusting controls, or not paying full attention to road conditions. Even slight evidence of distraction can be magnified into claims that you could have avoided the accident if you’d been more attentive.

Equipment Violations

Failure to use turn signals, riding with defective lights, or other equipment violations provide opportunities for defense attorneys to argue that you contributed to the accident. They may claim that working turn signals would have alerted other drivers to your intentions or that proper lighting would have made you more visible.

Helmet and Safety Gear

While not wearing a helmet doesn’t cause accidents, defense attorneys may argue it contributed to the severity of your injuries. They might claim that head injuries would have been less severe or non-existent with proper helmet use, attempting to reduce damages even if they can’t eliminate liability entirely.

Burden of Proof in Comparative Negligence Cases

The burden of proving comparative negligence falls on the defendant. The injured motorcyclist doesn’t have to prove they were completely faultless. Rather, the defendant must present evidence demonstrating the motorcyclist’s negligence and its contribution to the accident. This evidence might include police reports indicating traffic violations, witness testimony, traffic camera footage, or dashcam video, and physical evidence from the scene. 

Access to Resources and Experts

Successful motorcycle accident cases often require expert testimony from accident reconstruction specialists, medical professionals, biomechanical engineers, and economic analysts. Established law firms maintain relationships with qualified experts and have the resources to hire them when needed. These experts provide credible testimony that strengthens your case and helps juries understand complex technical issues related to how the accident occurred and the full impact of your injuries.

Trial Preparation and Litigation Experience

While many motorcycle accident claims settle through negotiation, you need an attorney prepared to take your case to court if insurance companies refuse fair settlement offers. Trial experience is essential, as insurance companies are more likely to offer reasonable settlements when they know your attorney has the skills and willingness to litigate. Experienced trial attorneys know how to present evidence effectively, cross-examine defense witnesses, and connect with juries to achieve favorable verdicts.

Focus on Your Recovery

The aftermath of a motorcycle accident is overwhelming. Between managing medical appointments, dealing with pain and disability, missing work, and handling financial pressures, the last thing you need is the added stress of navigating the legal system alone. By hiring an attorney, you can focus on your physical and emotional recovery while your legal team handles every aspect of your case, from gathering evidence to negotiating with insurance companies to representing you in court if necessary.

No Financial Risk with Contingency Fee Arrangements

Most motorcycle accident attorneys work on a contingency fee basis, meaning you pay no upfront costs and the attorney only receives payment if they successfully recover compensation for you. This arrangement ensures that experienced legal representation is accessible regardless of your financial situation and aligns your attorney’s interests with your own, as they’re motivated to achieve the best possible outcome because their fee depends on your success.

What Compensation Can You Recover After a Motorcycle Accident?

Massachusetts law allows injured motorcyclists to pursue compensation for the full range of losses they suffer due to another party’s negligence. Understanding the types of damages available helps victims appreciate the importance of working with experienced legal counsel.

Medical Expenses and Future Care Costs

Motorcycle accident victims can recover compensation for all medical expenses related to their injuries. This includes emergency room treatment, hospitalization, surgeries, prescription medications, physical therapy, occupational therapy, and any necessary medical equipment. Importantly, Massachusetts law also allows recovery for future medical expenses that victims will incur for ongoing treatment, rehabilitation, and care. Attorneys work with medical experts to document these future needs and ensure they’re included in settlement negotiations or trial presentations.

Lost Income and Diminished Earning Capacity

When injuries prevent you from working, you’re entitled to compensation for lost wages during your recovery period. This includes regular salary or hourly wages, overtime, bonuses, and benefits you would have earned. For victims who suffer permanent disabilities that affect their ability to work, Massachusetts law allows recovery for diminished earning capacity—the difference between what you could have earned before the accident and what you can earn now. Vocational experts and economists help calculate these losses over your expected working life.

Property Damage

Your motorcycle likely sustained significant damage in the crash, and you’re entitled to compensation for repairs or replacement. This includes not only the bike itself but also riding gear, helmets, and any other personal property damaged in the accident. Insurance companies often try to undervalue property damage claims, but attorneys ensure you receive fair market value for your losses.

Pain and Suffering

Beyond economic losses, Massachusetts law recognizes that accident victims endure physical pain and emotional suffering that deserve compensation. Pain and suffering damages account for the physical discomfort, mental anguish, anxiety, depression, and reduced quality of life that result from your injuries. These non-economic damages are often substantial in motorcycle accident cases, given the severity of injuries riders typically sustain.

Loss of Enjoyment of Life

Serious injuries can prevent you from engaging in activities you once enjoyed, whether recreational pursuits, hobbies, sports, or time with family and friends. Loss of enjoyment of life damages compensate for these intangible but significant losses. For avid motorcyclists who can no longer ride, or athletes who can no longer participate in their sport, these damages recognize how injuries have fundamentally changed their lifestyle.

Scarring and Disfigurement

Road rash and other injuries often leave permanent scars that affect victims’ appearance and self-confidence. Massachusetts courts recognize scarring and disfigurement as compensable injuries, particularly when they’re visible and affect the victim’s personal and professional life. The location, size, and permanence of scars all factor into the value of these damages.

Contact a Motorcycle Accident Attorney Today

If you’ve been injured in a motorcycle accident in Boston or anywhere throughout Massachusetts, don’t face the legal process alone. The experienced motorcycle accident attorneys at Harrington & Harrington have over 50 years of experience fighting for injured riders and have recovered more than $100 million for accident victims. We understand the unique challenges motorcyclists face and are committed to securing the full compensation you deserve.

Our team offers free consultations with no obligation, and we work on a contingency fee basis, so you pay nothing unless we win your case. We handle all aspects of your claim while you focus on recovery, from investigating the accident and gathering evidence to negotiating with insurance companies and litigating in court when necessary. Don’t let insurance companies take advantage of you during this difficult time. Give us a call at (617) 227-1795 or contact us online to schedule your free case review and learn how we can help you pursue justice and compensation after your motorcycle accident.