Right of Way Violations
Right-of-way violations are some of the most common causes of motorcycle accidents in Massachusetts, particularly in busy metropolitan areas like Boston and Cambridge. Many right-of-way accidents happen when a motorist fails to pay attention to the road. As cell phones and car electronics create more and more distractions for motorists, the likelihood that a driver will fail to notice that he or she must yield the right of way increases. Another common cause is when a driver simply fails to see a nearby motorcycle, due to the bike’s smaller stature or other factors like obstructing objects. At Breakstone, White & Gluck, our Boston motorcycle accident lawyers have helped many riders with protecting their rights after suffering injuries in a right-of-way collision. The injuries that result from this type of crash can be particularly devastating for the victim. We are ready to help you seek the settlement or the judgment that you deserve.Causes of Right-of-Way Accidents
Perhaps the biggest cause of right-of-way crashes is distracted driving. In order to observe the flow of traffic and to make any necessary adjustments, drivers must be vigilant. This is simply impossible when a driver is scrolling through social media or trying to text with someone. Additionally, using a cell phone behind the wheel may make it easier to miss situations in which the driver must yield the right-of-way, such as intersections and on-ramps. Considering that motorcycles are much smaller than regular passenger vehicles, it can be even easier for a driver to fail to see a merging motorcyclist or approaching rider before it is too late. Another common cause of right-of-way crashes is drunk driving. A drunk driver is more likely to fail to observe traffic controls and yield signs, and more likely to not observe nearby motorcycle riders. Whereas a patient and sober driver would wait to allow a motorcyclist to pass before engaging in a turn or proceeding through an intersection, a drunk driver might make the maneuver and hope that they make it through safely.Hold a Careless Driver Responsible for a Right-of-Way Collision
An important step in recovering compensation from a driver who committed a right-of-way violation is gathering as much evidence as possible regarding the crash, including any accident reports that were prepared. A personal injury lawyer can assist you with locating evidence, identifying witnesses, and working with insurance companies. Although a settlement may be possible, it sometimes may be necessary to file a lawsuit against the other driver to recover compensation. In this lawsuit, your attorney will need to prove that the other driver failed to act with appropriate care and skill at the time of the crash and that this failure was the direct cause of your injuries.
The standard of care that drivers must use is well-established. They must drive with the same reasonable care and skill that a prudent and responsible motorist would use in the same situation. This includes obeying all traffic laws, such as yielding the right-of-way when appropriate and necessary. Massachusetts has very clear laws on operation of motor vehicles, including when a vehicle must yield to another. Of course, the plaintiff must also follow these state laws, because Massachusetts uses a modified comparative fault doctrine, which holds that a plaintiff will be barred from recovering compensation if he or she was 51 percent or more at fault for the crash. When it comes to damages, a successful plaintiff can recover compensation for medical bills, lost wages, pain and suffering, disability, property damage, and future estimated damages like lost earning capacity and medical expenses.Schedule a Consultation with a Motor Vehicle Collision Lawyer in Boston
Motorcycles are a popular mode of transportation in Massachusetts because they make it easier to deal with the heavy traffic in some areas of the state. They also afford riders a chance to enjoy the scenery. Motorcycle riders deserve just as much respect as other vehicle operators on the roadway, including when it comes to yielding the right-of-way. If you were injured because of a right-of-way violation, we are available to help you determine whether you may be entitled to compensation. We 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 schedule your free consultation, call us at 1-800-379-1244 or contact us online.