After a motorcycle accident, fault is not always as simple as saying one person caused the crash and the other person did nothing wrong.
Maybe another driver turned left in front of you, but the insurance company claims you were traveling too fast. Perhaps a vehicle changed lanes without seeing you, but the insurer argues you could have reacted sooner. Or maybe you made a mistake immediately before the collision but believe another driver's actions were primarily responsible for what happened.
This raises an important question: Can you still recover compensation if you were partially at fault for a motorcycle crash in Massachusetts?
In many cases, the answer is yes.
Massachusetts follows a modified comparative negligence rule. That means being partly responsible for an accident does not automatically prevent you from pursuing compensation. However, your percentage of fault can reduce what you recover, and if you are found to be more than 50% responsible, you generally cannot recover damages from the other negligent party.
Understanding this rule can be especially important after a motorcycle accident, where injuries can be severe and disputes over fault can have significant financial consequences.
How Does Comparative Negligence Work in Massachusetts?
Massachusetts General Laws Chapter 231, Section 85 establishes the Commonwealth's comparative negligence rule.
Under this law, an injured person can recover damages as long as their negligence was not greater than the total negligence of the person or people from whom they are seeking compensation. However, the injured person's damages are reduced according to their percentage of fault.
A simple example can make this easier to understand.
Suppose you are injured in a Massachusetts motorcycle accident and your total damages are determined to be $200,000.
If you are found:
0% at fault: Your comparative negligence does not reduce the $200,000 in damages.
10% at fault: The damages would be reduced by 10%, leaving $180,000.
25% at fault: The damages would be reduced by 25%, leaving $150,000.
50% at fault: The damages would be reduced by 50%, leaving $100,000.
51% at fault: You would generally be barred from recovering under Massachusetts' comparative negligence rule.
These examples are simplified. Actual recoveries can depend on insurance limits, available defendants, the evidence, the nature of the damages, and other factors.
The important point is that being partially responsible for your motorcycle accident does not necessarily mean you have no case.
Who Decides How Much Fault I Have?
Fault may become one of the most heavily disputed parts of a motorcycle accident claim.
An insurance adjuster might assign blame during the claims process, but an insurer's opinion is not necessarily the final word on legal responsibility. If a case proceeds to litigation and ultimately goes to trial, questions of negligence and comparative fault may be decided based on the evidence presented.
Evidence used to determine fault can include:
Police reports
Photographs and video of the accident scene
Vehicle and motorcycle damage
Witness statements
Traffic camera or surveillance footage
Dashcam footage
Physical evidence from the roadway
Electronic or vehicle data when available
Cellphone evidence in appropriate cases
Medical records
Accident reconstruction and expert analysis
Testimony from the drivers and other witnesses
This is one reason injured riders should be careful about assuming they caused an accident simply because an insurance company says so.
What If the Insurance Company Says the Motorcycle Accident Was Mostly My Fault?
Do not assume an insurance company's initial determination of fault is correct.
Insurance companies have a financial interest in limiting what they pay on claims. In a case involving comparative negligence, increasing the percentage of fault attributed to an injured motorcyclist can significantly reduce the insurer's potential exposure.
For example, imagine a driver makes a left turn across the path of an approaching motorcycle. The motorcyclist suffers serious injuries. The driver's insurer might acknowledge that its insured turned across the rider's path but argue that the motorcyclist was speeding.
If the insurer can establish that the rider's speed contributed to the crash, some percentage of fault could potentially be assigned to the motorcyclist. But that does not automatically eliminate the driver's responsibility for making the turn.
The important questions become: What actually happened, what did each person do wrong, and how did each person's conduct contribute to the collision and resulting injuries?
Those questions should be answered through evidence, not assumptions about motorcycle riders.
Common Ways a Motorcyclist May Be Accused of Contributing to a Crash
Comparative negligence can arise from many different allegations. Depending on the circumstances, another driver or insurance company might claim that a motorcyclist:
Was speeding
Was following another vehicle too closely
Failed to maintain a proper lookout
Made an unsafe lane change
Failed to yield
Disregarded a traffic signal or sign
Was distracted
Failed to react reasonably to a developing hazard
Operated the motorcycle in an unsafe manner
Violated another applicable traffic or safety law
An allegation is not proof. The other side must have evidence supporting its position.
Massachusetts law also places the burden of alleging and proving negligence that would reduce or bar an injured person's recovery on the party seeking to establish that negligence. The law provides that the plaintiff is presumed to have exercised due care.
Does Not Wearing a Helmet Make Me at Fault for the Crash?
Massachusetts law generally requires motorcycle operators and passengers to wear approved protective headgear, subject to a limited exception for certain participants in properly permitted public parades.
However, there is an important distinction between causing an accident and potentially contributing to an injury.
Whether a particular safety violation has any effect on a personal injury claim depends on the facts and the legal connection between the violation and the injuries being claimed.
For example, a helmet issue would not ordinarily explain why another driver failed to yield and struck a motorcycle. Questions about whether a safety violation contributed to the nature or severity of a particular injury can involve a separate analysis.
Do not assume that a safety-equipment issue means the other driver is relieved of responsibility for causing the collision.
Why Fault Disputes Can Be Especially Important in Motorcycle Cases
Motorcycle riders have far less physical protection than occupants of passenger vehicles.
A car or truck surrounds its occupants with a body structure, seat belts, airbags, and other safety systems. A motorcyclist is exposed directly to the forces of a collision and may then be thrown onto the pavement, into another vehicle, or into a fixed object.
As a result, motorcycle crashes can lead to devastating injuries, including:
Traumatic brain injuries
Spinal cord injuries
Broken bones
Internal injuries
Severe road rash
Nerve damage
Degloving injuries
Amputations
Permanent scarring or disfigurement
Long-term disability
Fatal injuries
When damages are substantial, even a relatively small percentage of comparative negligence can have a major financial effect.
If damages are valued at $1 million, for example, a finding of 20% comparative negligence could mean a $200,000 reduction before considering other issues affecting the amount actually recoverable.
That makes a careful investigation of liability especially important in serious motorcycle accident cases.
Motorcycle Bias Can Affect How People View an Accident
Motorcyclists sometimes face assumptions that drivers of passenger vehicles do not.
A person may hear "motorcycle accident" and immediately assume the rider was speeding, weaving through traffic, or taking unnecessary risks. Those assumptions should not substitute for evidence.
A responsible investigation looks at what happened in the particular crash.
Was the other driver distracted? Did the driver check a blind spot? Did someone turn left across the motorcycle's path? Did a driver follow the motorcycle too closely? Was the rider visible? Did a vehicle enter the rider's lane? Was there enough time and distance for the motorcyclist to avoid the collision?
The focus should remain on the evidence and the actions of everyone involved.
What If More Than Two People Contributed to the Crash?
Some motorcycle crashes involve several potentially responsible parties.
Consider a multi-vehicle collision where one driver changes lanes improperly, another driver is following too closely, and the motorcyclist may also have contributed in some way.
Massachusetts law allows the injured person's negligence to be compared with the total negligence attributable to the person or persons against whom recovery is sought.
This makes identifying all potentially responsible parties an important part of investigating a serious accident.
Depending on the circumstances, responsible parties could include another driver, a commercial vehicle operator, an employer, a vehicle owner, or another party whose negligence contributed to the accident.
Cases involving defective vehicle components or dangerous roadway conditions may present additional legal issues and potential defendants.
What Compensation May Be Available If I Was Partially at Fault?
When another party's negligence causes or contributes to a motorcycle accident, compensation may be available for losses such as:
Medical bills
Future medical treatment
Lost wages
Loss of future earning capacity
Rehabilitation
Physical therapy
Pain and suffering
Scarring and disfigurement
Permanent disability
Other accident-related losses
The damages available depend on the circumstances of the individual case.
For riders with catastrophic injuries, determining the full value of a claim may require looking far beyond the medical bills that have already arrived. A traumatic brain injury, spinal cord injury, amputation, or other permanent condition may create medical, financial, vocational, and personal consequences lasting for years or for the rest of the person's life.
A settlement should therefore be evaluated with both current and reasonably anticipated future losses in mind.
Motorcycle Insurance Works Differently in Massachusetts
Another important issue for injured Massachusetts riders is insurance.
Massachusetts' Division of Insurance explains that motorcycle operators are required to carry compulsory bodily injury and property damage liability coverage. However, unlike standard private passenger automobile insurance, an insurance company is not legally required to provide Personal Injury Protection, commonly known as PIP, for operators or passengers injured while on a motorcycle.
That difference can become extremely important after a serious crash.
Motorcyclists may have to rely on health insurance and other applicable coverage for medical expenses while a liability claim is pending. Optional Medical Payments coverage, or MedPay, may also be relevant depending on the rider's policy.
Because motorcycle insurance claims can work differently from ordinary passenger vehicle claims, riders should review the actual policies and coverage available after an accident rather than assuming the same rules apply.
What Should I Do If I Think I Was Partially Responsible?
If you believe you may have contributed to the crash, avoid making conclusions about legal fault before the accident has been investigated.
Immediately after a serious collision, you may only know part of what happened. You may not know that another driver was looking at a phone, that a nearby business captured the crash on a security camera, or that a witness saw something important.
After a motorcycle accident, consider taking the following steps when possible:
1. Get Medical Attention
Your health comes first. Motorcycle accident injuries can be serious, and some symptoms may not be immediately apparent.
Prompt medical evaluation also creates documentation of your injuries and treatment.
2. Report the Accident
Make sure the crash is appropriately reported. A police investigation can create an important record of the scene, vehicles, people involved, and initial statements.
3. Preserve Evidence
If you can do so safely, preserve photographs or video of the motorcycle, other vehicles, roadway, debris, skid marks, traffic controls, weather conditions, and surrounding area.
Do not rush to repair or dispose of a severely damaged motorcycle when liability may be disputed without first considering whether it may contain important evidence.
4. Obtain Witness Information
Independent witnesses can be extremely valuable when drivers disagree about what happened.
Get names and contact information when possible.
5. Be Careful When Speaking With Insurance Companies
You should provide required information to your own insurer, but be cautious about giving detailed recorded statements to another driver's insurance company before understanding your rights.
A casual comment can later become part of a dispute over comparative negligence.
6. Avoid Posting About the Accident on Social Media
Photos, videos, comments, location information, and other posts may potentially become relevant to a personal injury claim.
It is generally wise to be cautious about discussing your accident, injuries, recovery, or activities publicly while a claim is pending.
7. Speak With a Massachusetts Motorcycle Accident Attorney
If fault is disputed, early investigation can be particularly important.
Video may be overwritten. Physical evidence can disappear. Vehicles may be repaired. Witnesses may become harder to locate, and memories can fade.
An attorney can investigate the collision, preserve available evidence, evaluate comparative negligence arguments, identify potentially responsible parties, and deal with insurance companies on your behalf.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Massachusetts?
Deadlines matter even when you are still receiving treatment or negotiating with an insurance company.
Under Massachusetts General Laws Chapter 260, Section 2A, personal injury tort actions generally must be commenced within three years after the cause of action accrues.
However, specific circumstances can affect applicable deadlines, and certain claims may involve different notice requirements or procedures.
Waiting until the end of the limitations period can also make it much more difficult to investigate a crash properly. Evidence may disappear long before the legal deadline expires.
For that reason, it is generally better to speak with an attorney promptly after a serious motorcycle accident.
Can I Still Have a Strong Case If I Made a Mistake?
Potentially, yes.
Personal injury cases are not limited to situations where an injured person acted perfectly.
Massachusetts' comparative negligence law exists precisely because accidents can involve fault by more than one person. The key issue is determining how much responsibility should fairly be assigned to each party based on the evidence.
Imagine a driver pulls out of a side street directly into a motorcyclist's path. Evidence later suggests the rider was traveling somewhat above the speed limit.
The driver's insurer may argue that the rider shares responsibility. But that does not automatically erase the driver's failure to yield. The question becomes how much each person's conduct contributed to the collision.
That distinction can mean the difference between receiving substantial compensation, receiving reduced compensation, or being unable to recover.
How a Massachusetts Motorcycle Accident Lawyer Can Help When Fault Is Disputed
When an insurance company alleges that an injured motorcyclist caused or contributed to a collision, a lawyer can investigate rather than simply accept the insurer's version of events.
Depending on the case, that work may include obtaining photographs, witness statements, video footage, police records, vehicle information, medical records, and other evidence. In complex or high-value cases, accident reconstruction specialists or other experts may also be appropriate.
A lawyer can also evaluate whether additional parties or insurance policies may be involved and calculate the full impact of an injury before settlement decisions are made.
At Faneuf Law Group, we represent injured riders in Woburn, Boston, Middlesex County, and throughout Massachusetts. Our firm focuses on personal injury litigation and handles serious motor vehicle accident cases from investigation through settlement or trial when necessary.
Proven Results in Massachusetts Motor Vehicle Accident Cases
Faneuf Law Group represents clients in car, truck, motorcycle, pedestrian, and other serious motor vehicle accident claims.
Every case is different, and past results do not guarantee a particular outcome. However, our firm has successfully resolved personal injury claims through settlements and verdicts, including multi-million-dollar recoveries for injured clients.
When liability is disputed, our goal is to develop the evidence necessary to tell the complete story of how the accident occurred and pursue the full and fair compensation available under Massachusetts law.
Talk to a Massachusetts Motorcycle Accident Lawyer
If you were injured in a motorcycle accident and believe you may have been partially at fault, do not assume that means you cannot recover compensation.
Massachusetts law permits many injured people to recover even when they share some responsibility for an accident. What matters is the evidence, the percentage of fault attributable to each party, the available insurance coverage, and the damages caused by the crash.
Faneuf Law Group offers free, confidential consultations to injured riders and their families. Our personal injury attorneys serve clients in Woburn, Boston, Middlesex County, Greater Boston, and throughout Massachusetts.
Call (617) 939-9894 to discuss your motorcycle accident and learn more about your legal options. Our office does not get paid unless we successfully resolve your case.
This article is provided for general informational purposes only and is not legal advice. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship. Every case depends on its specific facts and circumstances.