Can You Sue for Damages If You’re a Passenger on a Motorcycle That Crashes?

January 10, 2021

When the police respond to a motorcycle accident, the first thing they do is look to see if anyone’s hurt. If there are injured people, the cops will arrange for an ambulance to take them to the hospital. Even if their injuries are minor, they still need to be checked out by a doctor. It doesn’t matter if you’re the driver or a passenger. If you’re hurt, you may be entitled to damages. The only way to know for sure is to talk to a motorcycle accident lawyer in Boston right away.

Some people think that they’re automatically entitled to damages if they’re involved in a motorcycle crash. That isn’t the case. Your lawyer needs to prove two things to prove your case. First, they need to prove that the other driver was at fault. Second, they need to demonstrate that you were hurt. If they can do that, there’s a good chance you’ll receive the compensation you deserve.

Anybody Can Sue If They’re Injured in a Motorcycle Accident

It really doesn’t matter who was driving in a motorcycle accident case. Of course, if the person driving your bike was at fault, it makes a huge difference. If that’s the case, you’ll need to pursue a claim against their insurance company. If their insurance refuses to pay your claim, your motorcycle accident lawyer in Boston will have to file suit. This suit will name both the driver and their insurance carrier in the complaint.

If you and the driver on your bike were both victims, you could certainly pursue damages. You’ll be filing a claim against the defendant’s insurance company. Again, if they pay –great. If they don’t, then your motorcycle accident lawyer in Boston has two choices.. They can appeal your claim, or they can file suit. Since legal action is the final resort, they’ll definitely try to settle your claim first. Hopefully that works. Your attorney knows how to negotiate with the insurance companies. However, if this isn’t an option, then you will be filing a lawsuit. 

Your Motorcycle Accident Lawyer in Boston Needs to Prove Fault

The hardest part of your case will be proving fault. Your motorcycle accident lawyer in Boston is going to have to prove the other driver was negligent.. To do this, they need to prove four (4) things:

  • The other driver owed you a duty of care – This isn’t difficult. All motorists owe other drivers a duty of care. At a minimum, they need to obey all of the traffic laws. If they failed to do this, they’d be in breach of their duty.
  • The defendant breached their duty of care – Again, this is the hardest part of your case. You need to prove that the other driver did something that the ordinary person wouldn’t have done given the circumstances.
  • You were injured – This is why it’s critical that you go to the hospital after your motorcycle crash. Your motorcycle accident lawyer in Boston needs to submit medical records to prove you were hurt..
  • Your injuries were caused by the defendant’s breach – The only way this becomes difficult is if you don’t go to the hospital right away. The defendant will argue that something other than your crash caused your injuries. Don’t make it easy for them to do this. 

You Also Need to Prove Damages

It’s not enough to prove that the defendant was at fault. You also need to prove that you actually suffered damages. The best way to do this is to show that you were hurt. However, the defendant may claim that you were responsible for these injuries. In Massachusetts, you’re required to wear a helmet even if you’re the passenger. If you suffer a head injury, the defendant will say it’s your fault. Had you worn a helmet, you wouldn’t have suffered such a severe injury. 

The good news is that, even if you’re partially at fault, you can still collect damages. Massachusetts follows a comparative negligence law. This allows you to collect damages as long as you aren’t more than 50% at fault. 

Talk to a Motorcycle Accident Lawyer in Boston as Soon as Possible After Your Crash

The best thing to do is call and talk to a Boston, MA motorcycle accident lawyer. They can review your case and let you know what it may be worth. Schedule your free, initial consultation as soon as possible after your accident.

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I would highly recommend Michael Kelly to anyone who is seeking a knowledgeable, experienced, and dedicated lawyer.

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Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.