Massachusetts Motorcycle Laws

In Massachusetts, The Number to CALL if You FALL is 1-877-Biker-LAW

MASSACHUSETTS MOTORCYLE LAW*

Massachusetts motorcyclists are protected under Massachusetts motorcycle law that makes negligent drivers responsible and liable to Massachusetts motorcyclists. A Massachusetts biker involved in a motorcycle accident in Massachusetts may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Massachusetts

If you sustained an injury due to a Massachusetts motorcycle accident and you haven’t contacted a lawyer about your Massachusetts motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer. 1-877-Biker-Law (1-877-245-3752).

Ø Massachusetts Helmet Law: Helmet required.

Title XIV. Public Ways and Works Chapter 90. Motor Vehicles and Aircraft. Section 7. Brakes, braking systems, mufflers, horns, lights, audible warning systems, and other equipment; compliance with safety standards; stickers and emblems. :

"Every person operating a motorcycle or riding as a passenger on a motorcycle or in a sidecar attached to a motorcycle shall wear protective head gear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorcycle shall permit any other person to ride as a passenger on such motorcycle or in a sidecar attached to such motorcycle unless such passenger is wearing such protective head gear. . ."

Ø Minimum Required Insurance for Massachusetts Motorcycle:

-Compulsory Insurance

-PIP benefits not available to Massachusetts motorcyclists.

Ø Statute of Limitations:

-Statute of Limitations for Personal Injuries arising out of a Massachusetts motorcycle accident is generally 3 years from the date of the motorcycle crash.

Massachusetts is a No-Fault state.

MASSACHUSETTS IS A NO-FAULT STATE.

Massachusetts is a no-fault state: Personal Injury Protection (PIP) benefits total $8,000. If you have health insurance and are involved in a semi truck accident, the first $2,000 in medical expenses is covered 100% by the PIP. After $2,000 in PIP benefits have been paid, the payment of medical benefits coordinates with your health insurance. The Health insurer becomes primary and the PIP will cover deductibles and co-pays up to $8,000. For example, if your health insurance is an 80/20 policy, the PIP will cover the 20%.
No-Fault benefits under Massachusetts Law:

i. Medical Expenses

ii. Lost Wages

iii. Replacement Services

To be compensated for pain & suffering as a result of your Massachusetts semi truck accident, a threshold injury must be met.
Threshold injury in Massachusetts:

i. A broken bone

ii. A disfiguring scar

iii. A permanent eye injury

iv. A permanent hearing injury

v. Medical bills in excess of $2,000

vi. Statute of Limitations:

1. If you are injured in a Massachusetts semi truck accident, you have three (3) years from the date of the accident to commence suit, if you wish to do so.

*Massachusetts No-Fault benefits are not available to those who were operating a motorcycle at the time of their Massachusetts motorcycle accident.

-Massachusetts Compulsory Insurance No-Fault law will pay per each injured and insured person is $8,000. (This includes medical expenses, lost wages, and replacement services rendered due to the insured’s injury.) above explains it better.

No-Fault Benefits under Massachusetts Law:

Medical expenses
Lost wages
Replacement Services

-Since Massachusetts No-Fault law does not extend to cover Massachusetts motorcyclists, if you are in a Massachusetts motorcycle accident where you are hit by a car, then you must file a claim with the other driver’s insurance company in order to be compensated for economic losses and pain and suffering as a result of your Massachusetts motorcycle accident.

-To be compensated for pain & suffering as a result of your Massachusetts motorcycle accident, a threshold injury must be met.

Threshold Injury in Massachusetts:

A broken bone
A disfiguring scar
A permanent eye injury (ex: vision or partial vision loss)
A permanent hearing injury
Medical bills in excess of $2000

Massachusetts Insurance Statute; as it pertains to Massachusetts motorcycles:

CODE OF MASSACHUSETTS REGULATIONS

TITLE 211: DIVISION OF INSURANCE

CHAPTER 3.00: MOTORCYCLE INSURANCE

Current through October 5, 2007, Register #1088

3.00: Motorcycle Insurance

(1) No insurance company shall be required to provide, in motor vehicle insurance policies covering motorcycles, Personal Injury Protection pursuant to St. 1970, c. 670, for owners, operators or guests of motorcycles who suffer bodily injury while operating or riding as a guest upon such vehicles; provided, however, that such policies shall afford Personal Injury Protection to pedestrians struck by motorcycles; and provided further, that such policies shall in all other ways conform to the requirements of M.G.L. c. 90, § 34A, and M.G.L. c. 175, § 113C.

(2) No person who suffers bodily injury while an operator or a guest on a motorcycle shall be entitled to recover his damages for such injury through the so-called assigned claims plan or under the Personal Injury Protection coverage of any insurance policy covering any other motor vehicle owned by such person or any member of his household.

(3) The provisions of 211 CMR 3.00(1) exempting companies from providing Personal Injury Protection to motorcycle operators and guests shall not be construed to prohibit owners of motorcycles or members of their household from recovering damages for personal injury under the Personal Injury Protection coverage of a policy covering a motorcycle if

(a) the damages would be recoverable if the policy were upon a private passenger motor vehicle and

(b) if the injured person is not an operator or guest upon a motorcycle when the injury occurs.

(4) The form of insurance policy to which the provisions of 211 CMR 3.00(1) are applicable and form of application therefor shall be approved by the Commissioner of Insurance, and shall state in clear language and bold print that the coverage provided does not include Personal Injury Protection for owners, operators or guests of motorcycles who suffer bodily injury while operating or riding as a guest upon such vehicles.

(5) The premium charges for motor vehicle policies insuring motorcycles shall be the same as those fixed, established and approved by the Commissioner of Insurance for motorcycles pursuant to M.G.L. c. 175, §§ 113B and 113C.

(6) "Motorcycle," as used herein, shall mean any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including any bicycle with a motor or a driving wheel attached, except a tractor or a motor vehicle designed for the carrying of golf clubs and not more than four persons, an industrial three-wheel truck or a motor vehicle on which the operators and passengers ride within an enclosed cab.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

***Law portion of site in progress. Massachusetts motorcycle law regarding Massachusetts motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.

Find An Attorney In Massachusetts For Your Motorcycle Accident Injury Case

Who Should Seek A Motorcycle Accident Lawyer?

Anyone who has been involved in a motorcycle accident in Massachusetts should seek the advice of a qualified motorcycle accident lawyer.

Why Should You Contact The Motorcycle Lawyer?

The Motorcycle Lawyer helps motorcycle accident victims find a highly qualified lawyer in their state. Motorcyle accident victims need an edge wherever it exists, and the first place to gain that edge is by finding a lawyer who knows the unique laws in their state.

The Motorcycle Lawyer offers victims of motorcycle accidents this service at no charge to the accident victim seeking justice.

When Should A Motorcycle Accident Victim Seek Help?

It's very important to contact a lawyer as soon as possible. The Motorcycle Lawyer has reviewed many motorcycle accident cases and through our experience we have found that the sooner we can hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of the circumstances of your motorcycle accident to risk waiting. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months after.

Contact The Motorcycle Lawyer Without Obligation!

Providing The Motorcycle Lawyer with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Please call us at no cost and speak with Jason A. Waechter, the founding lawyer of The Motorcycle Lawyer at:

1-877-Biker-Law (1-877-245-3752)

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A
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T
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Y
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