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Presented by Attorney Sean Cleary, Personal Injury Lawyer
 Nothing can match the exhilaration and freedom of motorcycle riding, but these qualities entail unique risks as well. While automobile drivers have protective metal shells surrounding them, bikers are exposed to immediate impact with the road and other vehicles, making them susceptible to serious injury in accidents, even when wearing safety gear such as carbon helmets, leather jackets, gloves, and strong boots. Motorcycles are relatively small compared to cars and trucks, and drivers are prone to miss them in their blind spots. Also, road conditions such as slick or bumpy surfaces on wet or badly-maintained roads or obstacles present special hazards to two-wheeled riders, despite motorcycles' maneuverability.
Motorcycle riding takes many forms – daily transportation, cross-country, pleasure cruising, competitive racing, motocross and dirt biking, etc. All of these activities entail risks, but most accidents occur during typical road usage – short trips – and more times than not they are caused by a car driver claiming to have not seen the motorcycle rider. In many cases, however, the car operator actually violated the motorcyclist’s right of way.
Out of over four million motorcycles registered in the U.S., there are approximately 5,000 motorcycle fatalities each year, and about 10 times as many total motorcycle-related accidents, the majority of which involved a collision with a passenger car or light truck. The fatality statistics are trending upward (which might be a result of increased motorcycle ridership), despite actions in many states to raise awareness among automobile drivers about motorbikes and their associated safety issues. It hardly needs repeating that bikers must ride defensively, and exercise tremendous caution when approaching intersections in particular. Of course, never ride after drinking – alcohol was a factor in about half of all fatal motorcycle accidents.
In the event you suffer injuries as a result of a motorcycle accident, you might be entitled to legal compensation that will cover medical bills (including hospitalization, surgery, physical therapy, ongoing medical care, scar treatment, and counseling), pain and suffering, lost income, and even perhaps punitive damages if the judge or jury decides to teach a lesson to a driver who acted recklessly. But it is critical to act quickly, because of statutes of limitation and also possible disappearance of evidence or dimming memories. Insurance laws can vary widely from those covering autos.
If there was product liability at issue – if, for example, the bike bucked and wobbled at high speed – the manufacturer could be sued. A defective machine or part subjects an ordinary user to unnecessary and unreasonable danger. However, most single-vehicle motorcycle crashes are the result of a sudden puncture flat, with product liability a fairly rare occurrence. Never send parts or the vehicle back to the maker or vendor to be inspected without speaking first to an attorney.
Whatever you ride – Harley-Davidson, Yamaha, Honda, Kawasaki, Suzuki, BMW, Triumph, Ducati, or another make (even minibikes and mopeds) – it’s essential to know your legal rights and remedies in case you’re involved in a crash.
Unfortunately, juries too often tend to view motorcyclists as irresponsible risk-takers. This bias is hard to overcome without the help of a skilled, experienced personal-injury attorney by your side throughout the claims and trial process. Fighting such a widespread prejudice is difficult, but a good lawyer will present the cyclist’s side in a convincing and sympathetic manner.
At the Law Offices of Sean J. Cleary we have over 15 years of experience in Western Massachusetts courts dealing with motorcycle accident claims. If you or a loved one recently have been involved in a motorcycle crash that resulted in injury or death, call us today to set up a free, no-obligation, introductory consultation. Our firm operates on a “no-recovery-no-fee” basis – that is, we are paid only if we are successful in securing compensation for our clients, with contingency rates that are modest and customary. If you are hospitalized or unable to come to our office, we will gladly meet with you at your home, office, or place of treatment.
Please feel free to contact us for a free, no obligation consultation regarding your personal injury case.
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or (413) 549-7600.
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