Answers to Your Motor Vehicle Accident Questions
What should I do if I am injured in a motor vehicle accident?
If you are injured in an accident, seek medical attention immediately. Even if you believe that you are not badly injured, it is important to get a medical evaluation to confirm the extent of your injuries. You should also notify your insurance company that you have been involved in an accident, report the accident to the police, take photographs and gather witness statements. Then, contact a personal injury lawyer to represent you.
Do I need a lawyer after a motor vehicle accident?
Yes, it’s important to seek legal help after being injured as a result of an auto, motorcycle or truck accident to ensure that your rights are protected and that you receive the compensation that you deserve.
How much compensation can I receive for a motor vehicle accident?
The amount of compensation you can receive for an auto accident or commercial truck accident depends on several factors, including the severity of your injuries and the insurance coverage available to either the at-fault party or under your own policy, called uninsured or underinsured motorist coverage. In general, the categories that determine the amount of your settlement or verdict are as follows:
Medical expenses and future medical expenses
Lost wages and loss of earnings capacity
Physical pain and mental suffering
Permanency of injuries
Property damage
Loss of enjoyment of life
Loss of spousal consortium
Wrongful death
How long does it take to settle a claim for a motor vehicle accident?
Resolution of your car or commercial truck accident injury case depends on several factors, including the nature and extent of your injuries, when you reach a medical end-result and whether your case is resolved by settlement, mediation, arbitration or jury trial. Your lawyer receives a Tracking Order from the Court which sets forth the timeline for your case.
What are the common causes of motor vehicle accidents?
Distracted drivers and motorcyclists
Texting while driving
Using vehicle technology while driving
Inexperienced drivers or motorcyclists
Overly tired drivers
Older drivers who have poor vision
Drunk driving
Driving under the influence of alcohol
Driving under the influence of drugs
Speeding
Failing to yield or stop in time
Failing to obey traffic lights and signs
Poor weather conditions
Black ice
Snow blinding
Hydroplaning
Road hazards and debris
Reckless or negligent hiring practices by commercial vehicle owners
Inexperienced commercial truck drivers
Poorly maintained commercial vehicles
Overloaded commercial vehicles
Debris falling from commercial vehicles
What should I do if I am involved in a motorcycle accident?
Call law enforcement and first responders to seek medical attention if you are able.
Do not remove your helmet or safety gear.
Do not move your motorcycle.
Gather as much evidence as possible. If you are unable to do it yourself, contact someone immediately to:
Collect information about the other driver and vehicle
Collect information about any bystanders and witnesses
Observe the actions of the person who hit you
Call a lawyer as soon as possible to make sure a proper investigation is conducted before evidence is lost or concealed.
How do I choose the right lawyer for my motorcycle accident case?
Start by researching lawyers in your area who specialize in personal injury and motorcycle accidents. Then schedule a consultation and determine whether you will be able to work with them.
How does an attorney determine liability in a motorcycle accident case?
A motorcycle accident attorney investigates the accident scene, collects evidence, and reviews witness statements to determine liability in a motorcycle accident case. They may also consult with an accident reconstructionist to provide testimony as to the cause of the accident.
Who is at fault in most motorcycle accidents?
Car and truck drivers (generally drivers 80 years old or older, and young inexperienced drivers 20 years old or younger, hence the 80/20 rule) cause most motorcycle accidents. They fail to recognize motorcycles traveling on the roadways. Glare, direct sun, other vehicles, and obstructions contribute to diminished visibility which contribute to causing collisions.
Comparative negligence on the part of an inexperienced motorcycle rider may also contribute to causing an accident.
Attorney Steven T. Snow:
“I witnessed a motorcycle/car accident on Route 28 in Falmouth, Massachusetts from the Mahoney Garden Center parking lot, when an elderly driver pulled out in front of a motorcyclist [from his right side] traveling south on Route 28. Rather than veering to the right [turning toward where the car pulled out from] the motorcyclist veered left and directly into the car’s path of travel and got clobbered. The elderly driver never saw the guy on the motorcycle and was at fault. Sadly, a savvier rider may have avoided impact.”
How long does it take to settle a motorcycle accident case?
The time it takes to settle a motorcycle accident case can vary, depending on the complexity of your injuries, and the time in which it takes for you to reach a medical end-result, and the availability of expert medical witnesses to render written reports opining as to your medical condition. At your first meeting, your attorney should provide you with a time frame for the completion of your case.
What types of compensation can I receive after a motorcycle accident?
You may be entitled to compensation. The value of your case is in part, determined by the nature and scope of your injuries, the extent of your medical bills, future medical expenses, lost wages, loss of earnings capacity, permanency of injury, physical pain, and mental suffering.
What if the insurance company refuses to pay the claim for my motorcycle accident?
If the insurance company refuses to pay the claim, a motorcycle accident attorney can file a lawsuit and will represent you in court during your jury trial. You should seek attorney who is an experienced litigator and has a proven track record of success at trial.
How often do motorcycle accidents occur in Massachusetts?
There are over 160,000 registered motorcycles in Massachusetts. In 2016, there were 2,017 motorcycle accidents resulting in 1,635 injuries and 42 deaths. Roughly 80% of all motorcycle accidents result in serious injury or death each year. In 2017, 53 motorcyclists died in motorcycle accidents In Massachusetts.
What is the most common cause of motorcycle accidents?
The most common cause of motorcycle accidents is the failure of other motorists to recognize motorcycles on the roadway; the single most dangerous situation for motorcyclists, accounting for 42% of all accidents involving a motorcycle and car, occurs when a car makes a left hand turn in front you. Motorcycles are also obstructed by other vehicles on the roadway …. hence the slogan “Motorcycles are Everywhere.”
What steps should I take immediately after a commercial truck accident?
If the injuries sustained in the accident prevent you from doing so, have your personal injury attorney secure a copy of the police and accident reconstruction report, obtain the name, address and phone number of any witnesses, photograph the accident scene and damage to the vehicles, and put the commercial truck insurance company and your insurer on notice of your intent to pursue a claim. You should seek the medical attention necessary to ensure that you reach the best possible medical end-result.
Do I need an attorney if I’m involved in a commercial truck accident?
The right lawyer for your commercial truck accident case will ensure a successful outcome. An experienced attorney will help identify all potential responsible parties, likely with the assistance of qualified experts, and make sure you have a case that can be successfully prosecuted at trial.
Who can be held liable for a commercial truck accident?
Depending on who caused the commercial truck accident and the details surrounding the incident, all relevant parties including the truck driver, their employer and the owner of the truck and any other potential defendant may be held accountable for any damages cause as well as your harms and losses.
How can evidence help in a commercial truck accident case?
Evidence can help establish liability which can impact the value of your case and ultimately the amount of money you receive.
What types of commercial trucks are often involved in accidents?
Commercial truck accidents often involve delivery trucks, semi-trucks, tractor trailers, garbage trucks, dump trucks, tow trucks, concrete mixers, flatbed trucks, snowplows, salt trucks, moving trucks, food trucks, and box trucks. You will need urgent medical attention if you are involved in a collision with one of these large trucks.
What are the most common causes of bicycle accidents?
Bicycle accidents on public roads can result from a variety of different factors, many of which are driver-related. Some of the most common causes include:
Unsafe lane changes
Turning without looking for cyclists
Driving too close to bike lanes and shoulders
Using cell phones behind the wheel
Failure to yield
Dangerous roadways
What are the legal moped requirements on Cape Cod?
Automatic transmission only
A maximum speed of 30 mph
Must meet federal motor vehicle safety standards
Must have a unique vehicle identification number
Must have a license plate on the rear
Must have a valid registration sticker on the moped
Operators must be at least 16 years old
Operators must have a license or learner’s permit
Operators must follow all traffic regulations
Must not travel faster than 25 mph
Must not drive on freeways
Must wear a helmet that meets minimum safety standards
Any passenger must also wear such a helmet
Not allowed on off-street recreational bike paths
There are three ways moped operators can operate their vehicles differently than other cars, trucks, and motorcycles:
Mopeds can legally pass vehicles on the right
Moped operators must make a hand signal when stopping or turning
Mopeds can be driven in bicycle lanes
Another difference between mopeds and other motor vehicles is how much it costs to settle a citation. Moped fines cost a lot less:
$25 for the first offense
$25-$50 for a second offense
$100 maximum for third and subsequent offenses.