A motorcycle lies on its side in front of a silver car after an accident.

If you are injured in a motorcycle accident in Massachusetts, you may be entitled to compensation for your medical bills, lost income, and pain and suffering, among other losses. Our experienced Massachusetts motorcycle accident lawyers charge no fee until you receive a settlement or award. Call us toll-free 24/7 at 1-(401) 200-3849 or contact us online for a free (no obligation) case evaluation.

How Much Is My Motorcycle Accident Case Worth?

A leg in a cast is being elevated in the air with a sling.

The amount of compensation you receive depends on the facts of your case and the nature of your injuries. An experienced Massachusetts motorcycle accident lawyer can evaluate your situation and ensure you get the compensation you deserve.  Read more.

How Much Does Your Firm Charge?

Our firm does not charge any legal fees until you receive an award or settlement. At that point, we charge the industry standard of 1/3 of your settlement or award.

Why Should I Hire a MA Motorcycle Accident Lawyer?

If you were injured in a motorcycle accident that was the fault of someone else, you are entitled to file a personal injury claim. While every motorist on the road has a duty to follow driver-safety guidelines, sometimes unforeseeable injuries happen, and you should have an experienced MA motorcycle accident attorney on your side to help get you the compensation you are entitled to. Hiring a knowledgeable motorcycle accident lawyer increases your chances of winning your case or getting a larger settlement amount. See some of d’Oliveira & Associates’ largest motorcycle accident settlements here.

A Massachusetts motorcycle accident lawyer is handing their client a settlement check.

Why Can It Be Difficult to Settle Motorcycle Accident Cases?

One of the challenging aspects of motorcycle cases is proving who was at fault. The other party’s insurance company adjuster will often attempt to prove that you were at least partly at fault. An experienced motorcycle accident lawyer can walk you through the process of getting the best settlement for your injuries. Read more.

A Massachusetts motorcycle accident lawyer is documenting the scene of a crashed motorcycle.

How Long Do I Have to File a Motorcycle Accident Claim in MA?

The statute of limitations under Massachusetts General Laws Chapter 260 section 2A for filing a motorcycle accident claim is three years from the time of the accident. A MA claim for property damage from a motorcycle accident must also be filed within 3 years of the damage occurring.

But don’t wait! It is important to give a personal injury lawyer enough time to thoroughly investigate your case and fight for the award or settlement you deserve.

How Can I Assist My Motorcycle Accident Lawyer?

The first, and perhaps most important, thing you can do to help your lawyer is to act quickly. As time passes by, so does your opportunity to file a suit. Eventually, physical evidence pertaining to the accident may disappear or be destroyed, and witnesses’ memories may become distorted and faded. It is also important to be mindful of the extent of your injuries so that they are properly recorded in your medical records. We will review these records with you to ensure that the extent of your injuries was recorded and addressed. Our attorneys are experienced in this area and will adequately assist you throughout this process.

Focus is on an individual's hands as they wear leather gloves and text on their cell phone.

Tips for Riding with a Passenger

Massachusetts and Rhode Island both require that: 

  • motorcycle passengers be wearing a helmet
  • there be a separate rear seat and separate footrests for passengers
  • passengers ride behind the motorcycle’s driver, with the exception of sidecars 

Check out the Massachusetts RMV motorcycle manual for more information.

Lane Splitting Laws in Massachusetts

Lane splitting is when a motorcyclist rides between two same-direction lanes of traffic. While it is legal in some U.S. states, lane splitting is illegal in Rhode Island and Massachusetts as it is found to be unsafe for motorcyclists and for people in other vehicles who may not expect to see a motorcyclist riding between lanes. 

Common Causes of Motorcycle Accidents

Many motorcycle accidents are the result of another driver’s mistake or negligence. Most accidents involve these common mistakes made by drivers of a car or truck:

  • Vehicle turning left in front of a motorcycle at an intersection
  • Driver of car mistakenly changing lanes into motorcyclist
  • Failing to check rearview mirror and blind spot
  • Misjudging the motorcyclist’s speed and clipping them
  • Passing the motorcyclist without adequate space
  • Tailgating the motorcycle

Effects of Defective Motorcycle Parts

A severely damaged motorcycle in the roadway after an accident.

If your motorcycle came with, or was repaired with, defective parts, you may be able to recover from the manufacturer or the repair shop that installed the defective part. In these situations, it is important to discuss the facts of your case with an experienced defective products lawyer who may be able to file a defective products lawsuit on your behalf.  Read more. Some types of motorcycle parts defects include:

  • Defective tires
  • Mechanical defects
  • Brake defects
  • Defective gear shift
  • Faulty design (like the Harley Davidson Wobble)
  • Loose handlebars
  • Tire Defects
  • Fuel Line Defects
  • Bad wiring
  • Engine failure

This is a type of products liability claim, where d’Oliveira & Associates would work to hold the product manufacturer or designer liable for your injuries.

What Are Some Common Motorcycle Accident Injuries?

  • Head injury
  • Spinal injury, which may involve nerve damage
  • Road rash
  • Broken or fractured bones
  • Organ damage from impact
  • Degloving injury

What Is the Helmet Law in Massachusetts?

MA has a mandatory helmet law for riders and passengers of all ages. All riders and passengers must wear a helmet while riding a motorcycle in Massachusetts. According to an NHTSA study, in 2017, helmets saved an estimated 1,872 lives and prevented head injuries to many others involved in accidents.

Choosing an Appropriate Helmet

Not only does wearing a helmet greatly reduce the risk of a severe head injury to a motorcyclist, but wearing a helmet is also the law for all Massachusetts and many (under age 21) Rhode Island motorcyclists. It is important to know that if you are involved in a motorcycle accident but were not wearing a helmet, this could be used as a defense against you by making you at least partly liable and to reduce the compensation you receive. d’Oliveira & Associates are experienced in addressing this type of defense and in getting you the award or settlement you deserve. Read more here

Make sure the helmet has a “DOT” sticker and is up to Federal Motor Vehicle Safety standards.

  • The federal standard helmet weighs about 3 pounds; avoid helmets lighter than 3 pounds as they likely are not going to protect your head and brain well enough in the event of a crash.
  • A safe motorcycle helmet should also have thick inner cushioning and lining made of stiff foam in order to adequately protect your head.

How Should I Dress to Ride a Motorcycle?

Although it can be tempting to dress relaxed or in light clothing to stay cool, especially in the summer, protection of your body in the event of a crash is most important. Also, riding a motorcycle exposes you to an increased risk of sun and wind burn, so it is a good idea to cover as much of the skin as possible in:

  • Protective jacket, ideally made of leather
  • Full-length pants
  • Heavy-duty shoes or boots (do not wear flip flops on a motorcycle)
  • Leather gloves or gloves specifically designed for motorcycle riding
  • Protective eyewear – goggles, glasses, or your helmet’s face shield

Motorcycle Accident Statistics

A 2021 study showed that motorcycle accident deaths were at a 25-year high.

Although motorcyclists make up only 3% of drivers on the road, in Massachusetts in 2021, motorcycle accident fatalities accounted for 1 in every 7 auto accident deaths.

In 2020, over 82,000 motorcyclists were injured in motor vehicle accidents in America.

What Should I do After a Motorcycle Accident?

Being involved in a motorcycle accident is a scary experience and can lead to serious physical injuries. The first thing you should do after an accident is get to a safe location and call for help. You should seek prompt medical attention for any injuries, no matter how small they may seem. Document everything you can about what happened and how the accident occurred.

A Massachusetts motorcycle accident lawyer is taking a photo with his smartphone.

Take pictures of the scene of the accident if you are able. Get the names and contact information of any witnesses who may have seen the accident happen. These could be key pieces of evidence later. You should also consult an experienced MA motorcycle accident lawyer who can help ensure you are fully compensated for your injuries.  Read More.

More Helpful Resources

Find a MA Motorcycle Accident Lawyer Near You

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Why Call Us Today?

Our success in handling personal injury cases is reflected through the numerous settlements we have obtained on behalf of our clients over the past 30 years. All of the lawyers at our firm have at least 20 years of experience in handling motorcycle accident cases. We have 6 Massachusetts locations and are committed to getting you the best settlement possible.

A Massachusetts motorcycle accident lawyer meets with his two clients.