Who May Be Liable to Pay Damages in a Motorcycle Accident?

Motorcycles are the smallest motor vehicles on the road. When they collide with a car, truck or bus, the motorcycle riders usually bear the brunt of the injury because they lack external protections other than a helmet. Collisions can result from multiple causes, with more than one party sharing the blame. If you’ve been hurt in such an accident, you need to take immediate action to recover compensation from all available sources.

Depending on the causes and circumstances of your accident, several parties could be liable to pay damages. They can include the following:

• Driver of the other vehicle — Drivers of cars and trucks can cause motorcycle crashes by speeding, changing lanes abruptly, running red lights, tailgating, texting while driving and more.
• Driver’s employer — If you were struck by someone who was driving as part of their job, you may be able to file a claim against their employer, under the legal principle that employers are responsible for the acts of employees in the ordinary course of their duties.
• Parts manufacturer — Your crash could have been caused by a defective motorcycle part or a defective part on the vehicle that struck you. Parts that frequently fail on vehicles include brakes, tires and steering mechanisms. In these cases, the manufacturer of the defective part that contributed to the accident could be liable.
• Government agency — Motorcycle crashes can be caused in whole or in part by dangerous conditions on roadways. Poorly maintained roads may have potholes, cracks, uneven shoulders or missing guardrails. Intersections might be poorly designed, reducing visibility and making accidents more likely. Depending on the circumstances, it may be possible to hold liable the government agency that is responsible for designing or maintaining the road.

To be clear, lawsuits against the other driver or the employer of the other driver are the ones that lead to the best results.

Liability might be shared among more than one of the parties whose conduct led to the crash. A qualified Massachusetts injury lawyer can examine the facts of your crash and determine whether you have a valid claim against more than one defendant.

Even if you were possibly at fault to some degree, this does not necessarily defeat your claim. Insurance companies often will try to pin fault on the motorcyclist in order to reduce or avoid paying compensation. Under Massachusetts’ modified comparative negligence system, if they can convince the jury that you were 51 percent or more at fault, then you will not be able to recover compensation. However, you can get compensation so long as your fault doesn’t exceed the 51 percent mark, but your compensation will be reduced by the percentage of your own fault. So if you are awarded $100,000 but are found 30 percent at fault, you would receive $70,000.

At Feinberg & Alban PC in Boston, we have helped dozens of motorcyclists recover millions of dollars in compensation after serious accidents in Massachusetts. Call our office at 617-232-5950 or contact us online to arrange a free initial consultation.