What to Do After a Motorcycle Accident in Massachusetts

A motorcycle accident can change your life in a matter of seconds. Without the protection of a metal frame, airbags, or a seatbelt, motorcyclists are far more likely to suffer serious, life-altering injuries than occupants of a car or truck. If you or a loved one has been hurt in a motorcycle crash, knowing exactly what to do next can protect both your health and your right to fair compensation.

This guide walks through what to do after a motorcycle accident in Massachusetts; from the local laws that make these claims different from a typical car accident case, to filing a personal injury claim, and how a motorcycle accident attorney can help.

Immediate Steps to Take at the Scene of a Massachusetts Motorcycle Accident

The minutes right after a crash are chaotic, but a few clear actions can protect your safety and your case. If you are able, this is what you should do to protect yourself and your claim.

1. Get to safety if you can. If you are able to move without worsening an injury, get yourself and your motorcycle out of the travel lane. If you suspect a neck, back, or head injury, stay still and wait for help.
2. Call 911. Request both police and medical assistance, even if injuries seem minor. A responding officer will complete an official crash report, which becomes an important piece of evidence.
3. Do not remove your helmet unless it is necessary to breathe. Let paramedics assess you first.
4. Exchange information with the other driver, including name, phone number, license plate, and insurance details.
5. Document the scene. If you are physically able, photograph the vehicles, your motorcycle, skid marks, road conditions, traffic signals, and any visible injuries.
6. Get witness contact information. Independent witnesses can be critical if the other driver disputes fault later.
7. Avoid discussing fault at the scene. Stick to the facts when speaking with police, and avoid speculating about who caused the crash. Even a simple statement such as “I wasn’t paying attention” or “I should have seen the car” can later be taken out of context and used by an insurance company to argue that you were partly responsible.
8. Contact a motorcycle accident lawyer near you as soon as possible. Once your immediate safety and medical needs are handled, reach out to an attorney before you give any recorded statement to an insurance company. Getting an attorney involved early, ideally within the first few days, preserves evidence while it’s still available and shields you from insurance tactics and mistakes that could affect your claim.

Working through these steps calmly, even amid the chaos of a crash, protects your health in the moment and preserves the evidence you may need to file a personal injury claim in Massachusetts.

Why You Should Always See a Doctor, Even If You Feel Fine

Adrenaline is a powerful painkiller, and it is common for motorcyclists to walk away from a crash feeling “okay” only to discover a concussion, internal injury, or fracture hours or days later. Seeking medical attention immediately does two things: it protects your health, and it creates a medical record that ties your injuries directly to the accident. Gaps in treatment are one of the first things an insurance adjuster looks for when trying to argue that an injury was unrelated or less serious than claimed.

Massachusetts Motorcycle Insurance: Why Your Claim Works Differently Than a Car Accident

Massachusetts is a no-fault state for car accidents, meaning drivers rely on Personal Injury Protection (PIP) benefits to cover initial medical bills regardless of fault. Motorcycle operators and passengers are not entitled to PIP benefits under Massachusetts insurance rules. There is no automatic no-fault PIP coverage for a motorcyclist’s injuries after a crash.

Instead, an injured rider generally has to pursue compensation through:

• A liability claim against the at-fault driver’s insurance
• Their own uninsured/underinsured motorist (UM/UIM) coverage, if the at-fault driver has too little insurance or none at all
• Optional Medical Payments (MedPay) coverage, if purchased
• Personal health insurance, subject to deductibles and copays

Because there is no PIP safety net for motorcycle operators and passengers, having strong UM/UIM coverage is one of the important protections a Massachusetts motorcyclist can carry. It can become especially important when the at-fault driver has little or no insurance.

Massachusetts Helmet Law and How It Affects a Claim

Massachusetts has a universal motorcycle helmet law. Under M.G.L. c. 90, § 7, every motorcycle operator and passenger must wear protective headgear that meets the safety standards prescribed by the Registrar, regardless of age or riding experience. The law also requires eye protection when a motorcycle is not equipped with a windshield or screen.

If you were wearing a compliant helmet, an insurance company cannot use your choice of other gear, such as a jacket or boots, to reduce your claim. If you were not wearing a helmet, insurers may attempt to argue that your own actions contributed to a head or neck injury. This does not automatically bar recovery. Under Massachusetts comparative negligence law, a violation of a statute or regulation may be considered evidence of negligence, but it does not automatically prevent recovery.

Comparative Negligence: What Happens If You Were Partly at Fault?

Massachusetts follows a modified comparative negligence rule. If you are found to share some responsibility for the crash, your compensation is reduced by your percentage of fault, as long as your negligence is not greater than the negligence of the party or parties from whom you are seeking recovery.

For example, a rider awarded $200,000 at trial and who is found 20% at fault, would still recover $160,000. If a rider is assigned 51% or more of the fault at trial, he/she cannot recover damages. Because insurers are often quick to shift blame onto motorcyclists, how this percentage is argued can make an enormous financial difference.

What Not to Do After a Motorcycle Accident in MA

Certain everyday reactions can unintentionally hurt a claim:

• Don’t post about the crash on social media. Insurance companies routinely review social media for anything that contradicts an injury claim.
• Don’t give a recorded statement to the other driver’s insurer before speaking with an attorney.
• Don’t accept a quick settlement offer. Early offers are often far less than what a claim is actually worth, especially before the full extent of an injury is known.
• Don’t repair or discard your motorcycle, helmet, or gear. Damaged equipment is often key evidence of how the crash happened and how severe the impact was.
• Don’t downplay your injuries to police, doctors, or insurers. An inconsistent record can be used against you later.

Avoiding these missteps in the hours and days after a crash can keep an insurance company from using your own words or actions against you later.

Preserving Evidence for a Massachusetts Motorcycle Accident Claim

Strong claims are built on documentation. Keep and organize:

• The police crash report
• Photos and videos of the scene, your motorcycle, and your injuries as they heal
• Contact information for witnesses
• All medical records, bills, and prescriptions
• Pay stubs or a letter from your employer showing lost income
• Repair estimates and receipts for damaged gear
• Any correspondence with insurance companies

Organizing this information as you go, rather than trying to reconstruct it months later, makes it far easier for your motorcycle accident attorney to build a strong claim on your behalf.

Massachusetts Statute of Limitations for Motorcycle Accident Claims

The Massachusetts statute of limitations for most personal injury claims, including motorcycle accident claims, is three years under M.G.L. c. 260, § 2A. This means a lawsuit must be filed within three years after the cause of action accrues. If the accident resulted in a death, the wrongful death statute generally requires an action to be commenced within three years of the date of death, although the statute contains additional rules concerning when the factual basis for the claim is discovered.

Claims involving a government entity, such as a crash caused by a poorly maintained public road, carry additional requirements under the Massachusetts Tort Claims Act. In general, a claimant must present the claim in writing within two years from the date of the crash, and a lawsuit must be brought within three years. Missing these deadlines or procedural requirements can permanently bar the right to recover compensation, so it is best to speak with an attorney long before time runs short.

Common Causes of Motorcycle Accidents on Massachusetts Roads

Motorcyclists throughout Boston and the surrounding communities face hazards that drivers of passenger vehicles often overlook, including:

• Drivers failing to yield or turning left in front of an oncoming motorcycle
• Distracted or inattentive driving
• Sudden lane changes without checking blind spots
• Potholes, uneven pavement, and poor road maintenance, particularly on older streets and back roads
• Lane splitting, which is illegal in Massachusetts under M.G.L. c. 89, § 4A, but still occasionally attempted by riders in heavy traffic
• Following too closely and rear-end collisions at intersections

Identifying the true cause of a crash often requires a careful investigation, especially when a driver, a government entity responsible for road maintenance, or a defective motorcycle part may share responsibility.

How Dolan Connly, P.C. Can Help After Your Massachusetts Motorcycle Accident

For over 26 years, our law firm has built a track record across Massachusetts for thorough preparation and proven results. As a veteran-owned firm, we bring that same discipline to every motorcycle accident case, preparing each one as though it may go to trial.

Headquartered in Boston’s Dorchester neighborhood with a second office in Pembroke, our personal injury attorneys represent injured riders throughout Massachusetts, including Boston, Attleboro, Braintree, Brockton, Quincy, Weymouth, Plymouth, and Taunton, as well as New Hampshire.

If you or someone you love has been injured in a Massachusetts motorcycle accident, contact Dolan Connly, P.C. today for a free, no-obligation consultation. If you are unable to travel to our office, we will come to you.

Frequently Asked Questions

Read answers to the questions we hear most often from the injured riders we represent in Boston and across Massachusetts. For personalized assistance, don’t hesitate to contact us directly.