Motorcycle riders are at a greater risk of sustaining injuries in accidents. These riders aren’t protected adequately for the impact of a collision. They can wear protective gear that can lower some risks, but this doesn’t prevent them sustaining all injuries. The following are FAQs that can be answered by a Motorcycle Accident Lawyer in Everett MA.
What is Comparative Fault and How Does It Apply?
Comparative fault is a ruling that emerges in auto accident cases. It indicates that the victim could have been at fault in the accident as well. The percentage of fault is identified according to the moving violation committed. With motorcycle riders, a common moving violation that happens is lane splitting. If the victim is guilty of this moving violation, the court will reduce their monetary award.
Are Helmet Laws Applicable to These Cases?
Yes, all motorcycle riders are required by law to wear helmets at any time their motorcycle is in use. These helmets protect their head and neck if they are involved in an accident. They can lower the full impact of associated injuries. If the victim didn’t comply with these laws, they could share the blame for their injuries.
How are Damages Calculated for These Claims?
Damages are calculated according to what the victim lost due to the accident. They are entitled to funds for medical expenses and their bike repair requirements. They could also qualify for an award for any lost wages based on the recovery time associated with their injuries.
What Happens if the Victim Dies?
If the victim dies, their family could file a wrongful death lawsuit. However, they would have to prove that the victim died due to the accident injuries. They also have to prove the cause of their death was avoidable.
In Massachusetts, motorcycle riders must follow all precautions issued through state laws. These state laws can lower their risks of more serious injuries such as traumatic brain injuries. However, some circumstances are beyond their control and may require them to take legal action. Victims of these accidents can contact a Motorcycle Accident Lawyer in Everett MA through the Law Offices of Burton J. Hass today. You can also visit them on Google+.
