Motorcycle Accidents Near Driveways
Motorcyclists face many risks. These include everything from head-on collisions to being run off the roadway. The Boston motorcycle accident lawyers at Breakstone, White & Gluck have handled motorcycle accident cases on behalf of Massachusetts residents and their loved ones for over 30 years. Some of the most devastating injuries that we have seen arise from motorcycle accidents near driveways. It is critical that a driver entering a roadway from a public or private driveway ensure that the way is clear before proceeding. Unfortunately, many drivers pull right onto the roadway and fail to see passing motorcyclists, causing collisions. Individuals passing by the driveway have the right-of-way, but drivers pulling out are often in a rush or not focused. If you were injured in a motorcycle accident involving a driveway or near a driveway, contact us to learn more about your legal right to compensation and how we may be able to assist you.Hold a Careless Driver Liable for the Injuries that You Suffered
If you were harmed in an accident in which the other driver pulled out of a driveway and struck your motorcycle, you can bring a personal injury action against him or her to recover for your damages. The first step in the lawsuit is to show that the other driver did not operate his or her vehicle according to Massachusetts’ well-established duty of care. In general, each driver has a duty to use the same prudent and reasonable skill that a careful driver would use in a similar situation. This involves driving according to applicable traffic laws, yielding the right-of-way, and paying attention to your surroundings. Many drivers claim that they did not see an oncoming motorcycle when they pulled out of the driveway, due to something that obstructed their view like a business sign or bush. This is generally not an excuse. Drivers must ensure that the way is clear before proceeding and use extra caution when something is obstructing part of their view. A prudent driver would proceed slowly until he or she could see around the obstruction.
Additionally, it can be more difficult to see motorcycles because they are smaller than passenger vehicles, but this is also not an acceptable excuse for the driver of a car proceeding onto the roadway without ensuring that the way is clear.
Many motorcycle accidents near driveways occur because the defendant was distracted by looking at his or her phone, talking on the phone, running late and in a hurry, or engaging in overly aggressive driving. A knowledgeable personal injury lawyer can help you determine whether the driver who hit you breached the duty of care at the time of the crash.
In addition to showing that the other driver failed to use adequate care and skill at the time of the accident, your attorney must show that this failure caused you to suffer injuries. In other words, we must show that you would not have suffered injuries but for the defendant’s failure to drive with care. Many defendants will attempt to avoid paying compensation by challenging this aspect of the plaintiff’s case. They may point to some other factor involved in the crash, such as inclement weather, a dangerously designed roadway, or alleged negligence by the plaintiff. Massachusetts follows a modified version of the comparative negligence rule, which bars a plaintiff from recovering compensation when he or she is deemed more than 50 percent at fault for the crash. This can include evidence that the plaintiff was speeding or making an unsafe lane change at the time that the defendant exited the driveway.
The final phase of the lawsuit involves determining the amount of compensation that the plaintiff deserves for his or her medical bills, lost wages, and emotional pain and suffering, among other damages. Our lawyers can help you ensure that you seek the maximum amount of compensation according to the details of your case.Retain a Compassionate Motorcycle Accident Lawyer in Boston
Motorcycle accidents near driveways or involving driveways can often result in catastrophic injuries for a victim. While you are coping with the pain and disruption that the accident has caused in your life, we will work tirelessly to ensure that your legal rights are asserted to the fullest extent and that you are treated fairly. Our attorneys serve people in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To arrange your free consultation, call us now at 1-800-379-1244 or contact us online to get started.