Who’s Liable for Catastrophic Motorcycle Injuries in Massachusetts?

By A Good Law Firm on June 15, 2025

Motorcycle accidents are among the most devastating types of traffic collisions. They often result in life-altering injuries. Massachusetts law allows injured motorcyclists and their families to pursue compensation from liable parties to cover the cost of your medical bills, lost wages, pain and suffering, and other damages.

Al Goodman is a motorcycle accident attorney in Greater Springfield. In this guide, our legal team at Better Call Al will walk you through the key points of liability, explain how Massachusetts personal injury law applies, and offer practical steps to protect your rights.

Common Causes of Catastrophic Motorcycle Injuries

Before considering liability issues, it’s important to understand the severity and scope of injuries that riders may suffer. Catastrophic motorcycle injuries may include:

• Traumatic brain injuries (TBIs)
• Spinal cord damage and paralysis
• Loss of limb or amputation
• Internal bleeding or organ damage
• Severe burns and disfigurement

These injuries typically require extensive medical treatment, long-term rehabilitation, and may prevent victims from returning to work or living independently.

Understanding Motorcycle Accident Liability in Massachusetts

Massachusetts follows a modified comparative negligence system under Mass. Gen. Laws Ch. 231, § 85. This law allows injured motorcycle riders to recover damages as long as you are 50% or less at fault for the accident.

If you were partially at fault, your compensation will be reduced in proportion to your percentage of responsibility. For example, if you are awarded $500,000 but found to be 20% at fault, you would recover $400,000.

Who Can Be Held Liable in a Massachusetts Motorcycle Crash?

Several parties may share liability for a motorcycle accident depending on the circumstances.

Negligent Drivers

The most common at-fault parties are negligent drivers. Motorcyclists are often injured because another driver:

• Failed to yield the right of way
• Changed lanes without checking blind spots
• Ran a red light or stop sign
• Was texting or distracted
• Was driving under the influence

These actions breach a driver’s duty to operate their vehicle safely, making them legally responsible for any resulting harm. In these cases, the at-fault driver’s insurance will be the first source of motorcycle crash compensation.

Commercial Vehicle Operators and Their Employers

Crashes involving delivery vans, trucks, buses, or rideshare vehicles often involve commercial liability. If the driver was on the job at the time of the crash, their employer may also be held liable under the legal doctrine of respondeat superior.

Commercial carriers are held to high safety standards. Violations of hours-of-service regulations, improper training, or negligent hiring may also give rise to additional legal claims against the employer.

Government Entities Responsible for Road Conditions

Potholes, uneven pavement, missing signage, or poor road design can easily lead to a motorcycle crash. In these cases, liability may fall on the government entity responsible for road maintenance, typically a city, town, or the Massachusetts Department of Transportation.

Manufacturers of Defective Vehicles and Parts

Catastrophic motorcycle injuries may be caused by defective vehicles and parts. If a tire blows out, brakes fail, or a steering component malfunctions, the manufacturer may be held liable under product liability laws.

To pursue a successful product liability claim, your attorney must show that the part was defective due to poor design, a manufacturing error, or a failure to warn users of potential dangers. These cases may require input from technical experts and a thorough investigation of the accident.

Bars or Restaurants Under Dram Shop Laws

If the driver who caused the crash was underage, or if they were overserved alcohol before getting behind the wheel, the bar or restaurant that served them may share liability under Massachusetts dram shop laws. To establish this, you’ll need to demonstrate that the establishment served a visibly intoxicated or underage person who then caused the accident.

These claims may rely on surveillance footage, witness statements, and receipts. They can add another avenue for recovering damages when the intoxicated driver lacks sufficient insurance coverage.

How to Prove Fault in a Catastrophic Motorcycle Accident

No matter who is responsible, you’ll need to gather strong evidence to build your case. Here are key steps to take after a serious motorcycle crash:

1. Call Police and Request a Report

Always ensure a police report is filed. This creates an official record of the crash, including officer observations, citations, and witness statements.

2. Preserve Physical Evidence

Keep your motorcycle and gear in their damaged condition until your legal team has an opportunity to examine them. Don’t throw away your helmet, clothing, or any other equipment.

3. Secure Camera Footage

If you have a helmet camera or dashcam, make sure to share it with your attorney. Your attorney can also check to see if nearby businesses or traffic cameras may have captured the crash.

4. Seek Medical Treatment Right Away

Seek immediate medical care and follow all recommended treatment. Medical records are essential to linking your injuries to the crash and calculating long-term damages.

5. Contact a Motorcycle Accident Lawyer

During your free consultation, Better Call Al will review your case and advise you on the best strategy for seeking full compensation. We handle all communications with the insurance company.

What Damages Can Be Recovered?

In a motorcycle accident injury case, damages can include more than medical bills. With the help of an experienced Springfield injury lawyer, victims may seek compensation for:

• Emergency medical expenses
• Ongoing treatment and rehabilitation
• In-home care and assistance
• Lost income and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Permanent disability or disfigurement

If the case involves a fatal motorcycle accident, the victim’s family may be eligible to file a wrongful death claim for funeral expenses, lost companionship, loss of financial support, and other damages.

Talk With a Trusted Springfield Motorcycle Accident Attorney Today

Our legal team at Better Call Al is ready to review your case and explain your rights. We are always prepared to take your case to court if the other side refuses to make a serious settlement offer.

Al Goodman has led on Chapter 258 governmental tort claims and taught at the NITA trial advocacy summer seminar at Harvard Law School. He has also worked as an adjunct professor at Western New England University.

Call (413) 736-1616 to learn more. We offer free consultations, and you pay nothing unless we win.