Motorcycle accidents can have devastating consequences. These collisions can lead to serious injuries and even death. If you or someone close to you has been struck by a car or truck while riding your motorcycle, we can help. Plymouth County motorcycle accident lawyer Michael S. Mehrmann has the experience, determination, and resources to handle your case. From his office in Kingston, he has helped many Massachusetts victims and their families recover the compensation that they deserve.Holding Careless Drivers Accountable for Your Injuries
Data from the National Highway Traffic Safety Administration (NHTSA) reveals that in 2014, motorcyclists were 27 times more likely than passenger car occupants to die in a crash per vehicle mile traveled, and they were almost five times more likely to be injured. According to the Massachusetts Executive Office of Public Safety and Security, there were 42 motorcycle fatalities in 2013 and 47 motorcycle fatalities in 2014.
If you have been injured or your loved one has been killed in a motorcycle accident that was another person’s fault, you can likely recover compensation through a negligence claim. Negligence is a term used to describe a party’s behavior that puts another person at an unreasonable risk of harm or death. In order to establish negligence, a motorcycle accident attorney in Plymouth County will seek to show the following four elements:
Duty of Care: the defendant, such as a car or truck driver, owed the plaintiff a duty of care, meaning that the defendant had an obligation to behave in a reasonably prudent manner behind the wheel.
Breach of the Duty of Care: the defendant breached the duty of care owed to the motorcyclist by engaging in a behavior in which a reasonably prudent person would not have engaged, such as failing to yield at an intersection, speeding, or swerving between lanes.
Causation: the defendant’s breach was a direct and proximate cause of the motorcycle accident and the rider’s resulting injuries.
Damages: the motorcyclist’s injuries translated to monetary losses for the plaintiff because they had to deal with medical bills, pain and suffering, lost wages, and other losses.
You should be aware that Massachusetts follows a rule of modified comparative negligence, meaning that you can only recover compensation for a motorcycle accident if you were 50 percent or less at fault for the crash. If you were 51 percent or more at fault, you will be barred from recovering any damages at all. Assuming that you were at fault to a degree less than 51 percent, the damages award would be calibrated to the percentage of the defendant’s responsibility.
If negligence is proven, a plaintiff can recover a wide range of economic and non-economic damages, such as medical expenses, lost wages, pain and suffering, disability, disfigurement, and any other losses arising from the crash. If your loved one was killed in a motorcycle accident caused by someone else’s negligence, a Plymouth County motorcycle accident attorney can help you try to recover wrongful death damages, such as funeral and burial costs, medical expenses prior to the death, lost wages, loss of companionship, and pain and suffering.
Each state has a statute of limitations, which is essentially a deadline, for filing personal injury claims. In Massachusetts, you must file your claim in civil court within three years of the date of the accident. It is imperative to file a claim within this time frame, or you may be barred from recovering compensation altogether. If you have lost a loved one in a motorcycle accident, you also have a three-year statute of limitations to file your lawsuit. Given these stringent timelines, you should make sure to work with an attorney who will be vigilant about deadlines in your case.Seek Assistance from a Motorcycle Accident Lawyer in Plymouth County
Each year, motorcycle accidents injure and even kill people in Massachusetts and across the U.S. If you were injured in a crash that was not your fault, you should reach out to a dedicated attorney who can assess the merits of your case. Michael S. Mehrmann offers personalized legal services and skilled advocacy at every step of the way. He has fought for victims of distracted drivers and other careless people or entities in areas such as Kingston, Plymouth, Marshfield, Hanson, Carter, Pembroke, and Duxbury. We are here to help, so call (781) 585-3911 or contact us online.