Motorcycle Accident Lawyer Massachusetts

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Motorcycle Accident Lawyer Massachusetts: Claims Guide

Motorcycle crashes in Massachusetts present legal challenges that set them apart from standard motor vehicle collision claims. Riders are excluded from Personal Injury Protection coverage, face bias from insurance adjusters and juries, and suffer injuries that are far more severe than those in typical car collisions. In 2024, 72 motorcyclists were killed on Massachusetts roads, a 24% increase over the 58 deaths recorded in 2023.

If you or a family member has been injured in a motorcycle crash, an experienced motorcycle accident lawyer in Massachusetts can explain the unique rules that apply to these claims and help you protect your rights and maximize your recovery.

Why Motorcycle Crashes Are So Dangerous

Motorcyclists face risks that drivers of enclosed vehicles simply do not. There is no steel frame, no airbag, no seatbelt, and no crumple zone to absorb the force of a collision. According to 2023 NHTSA data, motorcyclists are nearly 28 times more likely to die in a crash than passenger car occupants on a per-mile basis.

The numbers in Massachusetts reflect this reality. In 2024, 72 motorcyclist fatalities (71 operators and one passenger) were recorded statewide, a 24% increase from the 58 fatalities in 2023. Nationally, 6,335 motorcyclists were killed in 2023, accounting for 15% of all traffic deaths despite motorcycles making up a small fraction of vehicles on the road.

High-speed corridors such as I-93, I-95, and the Route 24/I-495 interchange are among the most dangerous stretches for riders in Massachusetts, according to state crash data. Intersections remain particularly hazardous because drivers frequently fail to see approaching motorcycles.

Common Causes of Motorcycle Crashes in Massachusetts

Understanding what causes motorcycle crashes helps establish fault and build a strong claim. Research dating back to the landmark Hurt Report has found that in roughly two-thirds of multi-vehicle motorcycle crashes, the other driver, not the rider, violated the motorcycle’s right of way.

Left-Turn Collisions

Left-turn collisions are the single most common type of fatal multi-vehicle motorcycle crash. According to 2023 NHTSA data, 46% of fatal two-vehicle motorcycle crashes involved the other vehicle turning left while the motorcycle traveled straight. These occur when a car or truck turns left at an intersection and strikes an oncoming motorcycle. Drivers struggle to judge a motorcycle’s speed and distance, leading to deadly miscalculations, and distraction makes those misjudgments worse.

Blind Spot Collisions

Hundreds of thousands of blind spot collisions occur every year in the United States, and in a large share of motorcycle crashes the other driver reports never seeing the motorcycle at all. Because a motorcycle’s profile is narrow, it can disappear behind a car’s A-pillar, in a side mirror blind spot, or in the glare of sunlight. These crashes commonly occur during lane changes, at intersections, and when vehicles merge from on-ramps.

Dooring

Dooring occurs when someone opens a car door directly into the path of an approaching motorcyclist. Under M.G.L. c. 90, Section 14, it is illegal to open a vehicle door unless it is reasonably safe to do so, and a violation is strong evidence of negligence by the person who opened the door. In urban areas like Boston, dooring is a significant hazard for riders traveling alongside parked or stopped vehicles.

Road Hazards

Potholes, gravel, uneven pavement, debris, oil slicks, railroad tracks, and bridge gratings that are minor inconveniences for cars can be deadly for motorcycles. A pothole that a car absorbs without issue can throw a rider from the bike entirely. When a road hazard caused by government failure to maintain a roadway contributes to a crash, a claim against the responsible municipality may be possible.

Distracted and Impaired Driving

Texting, phone use, GPS navigation, alcohol, and other impairments by car drivers remain leading factors in motorcycle collisions. Because motorcycles are already difficult for drivers to detect, any additional distraction dramatically increases the danger.

Common Motorcycle Crash Injuries

The lack of physical protection means motorcycle crashes produce injuries that are typically more severe than those in car collisions. Many of these injuries require extensive medical treatment, cause permanent limitations, and support substantial settlement claims.

Traumatic Brain Injuries

Head injuries are the leading cause of death in motorcycle crashes. Even with a helmet, riders can suffer concussions, skull fractures, and traumatic brain injuries. TBI symptoms may not appear immediately but can include cognitive impairment, personality changes, memory loss, and seizures. If you notice any brain injury symptoms after a crash, seek medical attention immediately. Severe TBI can leave a victim unable to live independently, and lifetime care costs can reach millions of dollars.

Lower Extremity Injuries

Leg and foot injuries are the most common non-fatal motorcycle crash injury. These include fractures of the tibia, fibula, and femur; knee injuries; ankle fractures; and crush injuries. Lower extremity injuries frequently require surgery and extended rehabilitation, and some result in permanent disability or amputation.

Road Rash

Road rash occurs when a rider slides across the pavement after being thrown from the motorcycle. It ranges from first-degree surface scrapes that heal within two weeks to third-degree injuries that tear through all layers of skin down to fat, muscle, or bone. Third-degree road rash requires skin grafts and surgery, with healing times of eight weeks or longer. Severe road rash can cause permanent scarring and disfigurement.

Spinal Cord Injuries

A significant share of motorcycle crash victims suffer serious spinal injuries, and the thoracic spine (mid-back) is the most commonly damaged area. Spinal cord injuries can cause partial or complete paralysis, chronic pain, loss of bladder and bowel control, and respiratory difficulties. These injuries often require lifelong medical care and adaptive equipment.

Internal Injuries

Internal injuries from blunt force trauma, penetrating trauma, or deceleration forces are particularly dangerous because symptoms may not appear for hours or days. Commonly affected organs include the spleen, liver, kidneys, and lungs. This is one reason why immediate medical evaluation after any motorcycle crash is critical, even if you feel fine at the scene.

Massachusetts Motorcycle Laws That Affect Your Claim

Several Massachusetts laws directly affect how motorcycle crash claims are handled.

Universal Helmet Law

Under M.G.L. c. 90, Section 7, all motorcycle operators and passengers must wear protective headgear that meets the Registrar’s standards whenever they ride. Massachusetts is one of 17 states, plus the District of Columbia, with a universal helmet law that applies regardless of age or experience; the statute’s only narrow exception is for riders 18 or older participating in a properly permitted public parade. Eye protection (glasses, goggles, or a face shield) is also required unless the motorcycle has a windshield or screen. According to the NHTSA, helmets are 37% effective in preventing rider deaths, and the CDC reports that helmets reduce the risk of head injury by 69%.

Lane Splitting Is Illegal

Lane splitting, which means riding between lanes of traffic moving in the same direction, is prohibited in Massachusetts. However, two motorcyclists may share a single lane and ride side by side. A rider who was lane-splitting at the time of a crash may face comparative negligence arguments that reduce their recovery.

Insurance Requirements

For policies issued or renewed on or after July 1, 2025, Massachusetts requires motorcycle owners to carry minimum liability coverage of $25,000 per person and $50,000 per incident for bodily injury, plus $30,000 for property damage. Uninsured motorist coverage is also required at the same 25/50 minimums. Given how severe motorcycle injuries tend to be, carrying coverage well above the minimum limits is strongly recommended.

How Insurance Works Differently for Motorcycle Crashes

One of the most important distinctions between motorcycle claims and car collision claims is how insurance coverage applies. Riders who do not understand these differences risk losing access to benefits they expected to have.

PIP Does Not Cover Motorcycles

This is the single most critical insurance issue for Massachusetts motorcyclists. Personal Injury Protection insurance explicitly excludes motorcycles. Neither operators nor passengers qualify for PIP benefits after a crash. In a standard car collision, PIP provides up to $8,000 in automatic no-fault medical coverage regardless of who was at fault. Motorcyclists receive none of this coverage.

This means an injured rider must pursue claims directly against the at-fault driver’s insurance for medical expenses from the very first dollar. There is no automatic safety net to cover emergency room visits, ambulance costs, or initial treatment.

No Tort Threshold for Motorcycle Claims

While the PIP exclusion is a disadvantage, motorcycle riders benefit from one significant legal advantage. The $2,000 medical expense tort threshold (M.G.L. c. 231, Section 6D) that applies to car collision claims does not apply to motorcycle crashes. In a standard car collision, the injured person must show at least $2,000 in reasonable medical expenses or a qualifying serious injury before filing a claim against the at-fault driver. Motorcyclists can file a personal injury claim for any injury, regardless of how much their medical bills total, as long as someone else was at fault.

UM/UIM Coverage Is Essential

Because motorcycle injuries tend to be severe and medical costs can escalate quickly, uninsured motorist (UM) and underinsured motorist (UIM) coverage is critical. UM coverage pays for your medical expenses and damages when the at-fault driver has no insurance. UIM coverage provides additional compensation when the at-fault driver’s policy limits are too low to cover your losses. If you are hit by an uninsured driver, your own UM policy may be your only source of recovery.

MedPay as an Alternative to PIP

Since PIP is unavailable, motorcyclists should consider purchasing Medical Payments coverage (MedPay). This optional coverage provides $5,000 to $10,000 in medical coverage regardless of fault and can cover immediate expenses such as emergency room visits, ambulance transport, and initial treatment.

Motorcycle Crash Settlement Values in Massachusetts

Motorcycle crash claims tend to produce higher settlement values than standard car collision claims because the injuries are typically more severe. However, every case is different, and your recovery will depend on the specific facts and injuries involved.

Injury Level	Typical Settlement Range
Minor (road rash, sprains, bruises)	$10,000 to $30,000
Moderate (broken bones, months of recovery)	$30,000 to $75,000
Severe (surgeries, permanent damage)	$100,000+
Catastrophic (TBI, spinal cord, amputation)	$500,000 to several million

Note: These are general ranges. Every case is different, and your settlement will depend on the specific facts of your case.

Published Massachusetts verdict and settlement reports show a wide gap between typical cases and catastrophic ones: most motorcycle injury claims resolve in the five or six figures, while a small number of catastrophic cases produce seven-figure results that pull averages sharply upward. No published average predicts what any individual case is worth.

In reported Massachusetts results, serious fracture cases requiring surgery have settled in the mid six figures, traumatic brain injury settlements range from the low six figures for mild TBI to $1 million or more for severe cases, and spinal cord injury and wrongful death cases frequently exceed $1 million.

Comparative Negligence in Motorcycle Claims

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, Section 85. This means that if you are found partially at fault for the crash, your compensation is reduced by your percentage of fault. If you are found more than 50% at fault, you recover nothing.

For example, if a jury determines that you suffered $500,000 in damages but were 20% at fault for the crash, your recovery would be reduced to $400,000. This makes it critical to have an attorney who can effectively counter any arguments that you, as the rider, were responsible for the collision.

The Helmet Defense

Insurance companies frequently argue that a rider’s failure to wear a helmet (or failure to wear a properly fitting helmet) contributed to their injuries. Violating the helmet law does not automatically bar recovery. To give the violation any weight, the defense generally must show a causal connection between the missing helmet and the specific injuries claimed, which as a practical matter limits the argument to head injuries. A broken leg or internal injury should not be discounted because the rider was not wearing a helmet.

Anti-Rider Bias

One of the most significant challenges in motorcycle crash claims is the bias that riders face from insurance adjusters and juries. Common stereotypes include assumptions that motorcycles are inherently dangerous, that riders always speed, or that riders are reckless by nature. Insurance adjusters use these stereotypes to justify lowball offers, and jurors who hold these beliefs may assign more fault to the rider or reduce damages.

An experienced motorcycle crash attorney combats this bias by presenting the rider’s safety record, training, licensing, and protective gear; using crash reconstruction experts; and educating the jury on motorcycle visibility issues and collision mechanics during trial.

What to Do After a Motorcycle Crash

The steps you take immediately after a motorcycle crash can significantly affect your ability to recover compensation. Following the right steps after a collision protects both your health and your legal claim.

At the Scene

Move to safety if possible. Get out of the roadway, turn off the ignition, and activate hazard lights.
Call 911. A police report creates an official record that is essential for your claim.
Seek medical evaluation even if you feel fine. Adrenaline masks serious injuries, and concussions, internal bleeding, and spinal injuries may not produce immediate symptoms.
Do not remove your helmet at the scene. Removing it improperly could worsen a neck or spinal injury.

Gather Evidence

Photograph everything: vehicle positions, skid marks, debris, road hazards, traffic signals, helmet and gear damage, visible injuries, and weather conditions.
Exchange information with the other driver: name, contact information, insurance, and license plate number.
Get witness contact information and ask what they saw.
Record the responding officer’s name, badge number, and report number.

In the Days Following

Preserve your motorcycle and gear. Do not repair the bike or discard your helmet, jacket, or gloves until they have been documented by your attorney or an expert.
Follow up with a doctor within 24 to 48 hours, even if the emergency room cleared you.
Document your injuries daily with photos and journal entries describing your pain levels and limitations.
Do not give a recorded statement to the other driver’s insurance company without first speaking to an attorney.
Do not accept an early settlement offer. Insurance companies make lowball offers hoping you will accept before understanding the full extent of your injuries.
Do not post about the crash on social media. Insurance companies will use your posts against you.

Acting quickly matters. Skid marks fade, surveillance footage is overwritten (typically within 24 to 72 hours), and witnesses become harder to locate. An attorney can issue preservation letters to prevent the destruction of dash cam or surveillance video and begin building your case while you focus on recovery.

Wrongful Death Claims After a Fatal Motorcycle Crash

With 72 motorcyclist fatalities in Massachusetts in 2024, wrongful death claims are a significant part of motorcycle litigation. Under M.G.L. c. 229, Section 2, only the personal representative (executor or administrator) of the deceased person’s estate can file a wrongful death claim. Family members cannot file directly; the claim must go through the estate.

Recoverable damages in a Massachusetts wrongful death claim include:

Loss of reasonably expected net income the deceased would have earned
Loss of companionship, guidance, and comfort to surviving family members
Conscious pain and suffering the deceased experienced between the time of injury and the time of death (M.G.L. c. 229, Section 6)
Medical expenses incurred treating injuries before death
Funeral and burial expenses
Punitive damages of at least $5,000 if death was caused by malicious, willful, reckless, or grossly negligent conduct

The statute of limitations for wrongful death is three years from the date of death, not necessarily the date of the crash.

Why You Need a Massachusetts Motorcycle Crash Attorney

Motorcycle crash claims require an attorney who understands the unique legal, insurance, and bias issues that riders face. A personal injury attorney who handles motorcycle cases will:

Investigate the crash scene immediately with investigators and experts, analyzing skid marks, road conditions, visibility, and distractions
Employ crash reconstruction experts who use physics, engineering, and collision analysis to establish exactly how the crash occurred
Issue preservation letters for surveillance footage, dash cam video, and phone records before evidence is destroyed
Handle all insurance communications and counter anti-rider bias from adjusters
Retain medical experts, life care planners, and vocational specialists to document the full extent of your injuries and future needs
Litigate the case at trial if the insurance company refuses to make a fair offer, combating motorcycle prejudice through jury selection and evidence presentation

Statute of Limitations: Do Not Wait Too Long

Under M.G.L. c. 260, Section 2A, you have three years from the date of the crash to file a personal injury lawsuit. For wrongful death claims, the deadline is three years from the date of death. If you miss this deadline, your claim is barred regardless of how strong your case is.

Limited exceptions exist for minors (the three-year clock starts when the injured person turns 18) and for individuals who are mentally incapacitated (the period is tolled until competence is restored). Even with these exceptions, contacting an attorney early preserves evidence and strengthens your position. Are your personal injury settlement proceeds taxable? That is another reason to have experienced legal counsel on your side from the beginning.

Frequently Asked Questions

How much is a motorcycle crash settlement worth in Massachusetts?

Motorcycle crash settlements in Massachusetts vary widely based on injury severity. Minor injuries such as road rash and sprains typically settle for $10,000 to $30,000. Moderate injuries involving broken bones and months of recovery range from $30,000 to $75,000. Severe injuries requiring surgery or causing permanent damage frequently exceed $100,000, and catastrophic injuries such as traumatic brain injuries or spinal cord damage can reach $500,000 to several million dollars. Published reports show a wide gap between typical cases and those involving catastrophic injuries, so no average figure predicts what any individual case is worth.

Does PIP insurance cover motorcycle crashes in Massachusetts?

No. Personal Injury Protection insurance explicitly excludes motorcycles in Massachusetts. Neither motorcycle operators nor passengers qualify for PIP benefits after a crash. This means injured riders do not receive the automatic no-fault medical coverage of up to $8,000 that car occupants receive. Instead, motorcyclists must pursue claims directly against the at-fault driver’s insurance for medical expenses. Because of this gap, riders should consider purchasing Medical Payments coverage, which provides $5,000 to $10,000 in medical coverage regardless of fault.

Can I still recover compensation if I was not wearing a helmet?

Yes, you can still recover compensation even if you were not wearing a helmet at the time of the crash. Violating the Massachusetts helmet law (M.G.L. c. 90, Section 7) does not automatically bar your claim. However, the insurance company may use the helmet violation as evidence of comparative negligence to reduce your damages. Importantly, this defense is generally limited to injuries directly related to head protection. If you broke your leg or suffered internal injuries, the lack of a helmet should not reduce your compensation for those injuries. The insurer must provide concrete evidence linking your specific injuries to the absence of a helmet.

What is the statute of limitations for a motorcycle crash claim in Massachusetts?

Under Massachusetts General Laws Chapter 260, Section 2A, you have three years from the date of the crash to file a personal injury lawsuit. For wrongful death claims arising from a fatal motorcycle crash, the statute of limitations is three years from the date of death under M.G.L. c. 229, Section 2. There are limited exceptions that may extend the deadline, including cases involving minors (the three-year period begins when the injured person turns 18) and cases involving mental incapacity. Because evidence such as surveillance footage and skid marks can disappear quickly, contacting an attorney as soon as possible after the crash is strongly recommended.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, motorcycle crashes, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you or a family member has been injured in a motorcycle crash, Scalli Murphy Law can evaluate your case, identify the full extent of your damages, and pursue the maximum compensation available. We understand the unique insurance, legal, and bias challenges that motorcycle riders face, and we fight to make sure our clients are treated fairly.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Motorcycle Accident Lawyer Massachusetts – Claims Guide