From helmets to obeying the rules of the road, there are many factors that could contribute to a wrongful death in a motorcycle accident. Personal injury attorneys Robert Mazow and Kevin McCullough discuss what to do if a loved one dies as a result of a motorcycle accident. Listen or read more to learn more.
John Maher: Hey, I’m John Maher. I’m here today with Robert Mazow and Kevin McCullough of the Law Office of Mazow McCullough, the personal injury law firm with offices in Massachusetts and New Hampshire. Today, we’re talking about wrongful death involving motorcycle accidents. Robert and Kevin, welcome.
Robert Mazow: Thanks, John.
Kevin McCullough: Thank you, John.
John: So, what causes a motorcycle accident? What are some of the most common causes, and why are so many of them fatal?
Kevin: We see a number of different reasons that motorcycle collisions occur or causes for motorcycle collisions, ranging from drivers of motorcycles and/or motor vehicles just simply not paying attention to speed issues or going beyond the speed limit, not paying attention to traffic signals, not being aware of their surroundings or how close they are to other vehicles, whether it’s on a highway and a car is changing lanes and they just don’t see that motorcycle in the blind spot. But, here in the northeast part of the country, there are so many other reasons why we see them. In the winter months when the roads are slippery and we’re seeing salt and sand placed on the roadways to make the road safe, that’s a very dangerous hazardous condition for someone driving a motorcycle, whether they pull it out on a nice a winter day when it’s not too cold out or those early rides in the spring season when there’s still a lot of sand and debris on the roadway, it can be very dangerous out there.
So, in addition to the typical reasons that somebody might think about for motorcycle collisions, we also have some extra hazards and factors here in this part of the country that we have to deal with.
John: Okay. And then of course, with a motorcycle as compared to a car or a truck, you just have so much less protection as a driver, that you’re bound to get thrown onto the road, and that’s going to be potentially fatal.
Robert: Right. Well, we certainly see a lot more likelihood of a death if a motorcycle is involved than if two cars are involved. Motorcyclists clearly are not protected with steel barriers like a person in a car is protected. I mean, a motorcyclist — a smart motorcyclist — will wear their leathers, they’ll wear their helmet. But we know that many motorcyclists — certainly, New Hampshire motorcyclists — there’s no requirement that they wear a helmet. Unfortunately, we see some pretty terrible injuries when a motorcycle is struck by a vehicle, and sometimes, it leads to death.
Helmet Laws in New Hampshire and Massachusetts
John: You bring up a good point, which is that in New Hampshire, there is no helmet law, but in Massachusetts there is. How does that make things different in terms of how you approach the case, you know, involving somebody who has been killed, maybe in Massachusetts when maybe they haven’t been wearing their helmet like they’re required to?
Robert: I think as far as the liability part of the case, the what happened, who was at fault, whether a person was wearing a helmet or not, it doesn’t make a difference. If a driver of the vehicle is texting and they strike a motorcyclist and the motorcyclist has done nothing wrong, yet the motorcyclist isn’t wearing his helmet, it doesn’t mean it’s the motorcyclists fault. Now, if the motorcyclist dies as a result, strictly of a head injury, the smart defense attorney, the person defending the vehicle that was at fault, will certainly raise, and we’ll get an expert to say, “Had the motorcyclist been wearing a helmet, they would not have died.” Of course, there may be another expert on the other side that will possibly say, “It doesn’t matter if they were wearing a helmet or not. The severity of the impact was large enough that would have caused death anyway.”
So, if the law says to wear a helmet, we certainly encourage you to wear a helmet, but it’s not necessarily going to be a deciding factor if there’s a crash.
Determining Fault in a Motorcycle Accident
John: Okay. How do you determine fault in a motorcycle accident? Is it different than a normal car accident?
Kevin: It’s pretty similar, John, in that there are rules of the roadway, there are traffic signals, traffic signs, speed limits. The driver of a motorcycle and a motor vehicle are both obligated to follow those rules of the road to obey the traffic signals, to obey the speed limit. Those are the typical reasons that collisions may occur, whether someone’s speeding or just not paying attention. But, as I mentioned earlier, when you’re driving a motorcycle, there are so many different factors involved. Being exposed to the elements, whether it’s weather or the roads being slick, but just, you know, not being seen by people driving a motor vehicle. Those are a number of different reasons of why these things occur and going to the extent of the damages of when you’re exposed.
John: Are there any other aspects of motorcycle accident wrongful death lawsuits that make them different from other types of lawsuits?
Robert: As far as the lawsuit is concerned, they’re pretty straight-forward. If it’s determined that a motor vehicle causes a crash that leads to the death of a motorcyclist, a lawsuit would be filed. It would include claims for negligence. It would include claims for possibly reckless driving, gross negligence. But they’re fairly similar to other types of motor vehicle lawsuits.
John: Okay. That’s great information. Rob and Kevin, thanks again for speaking with me today.
Robert: Thanks, John.
Kevin: Thank you, John.
John: For more information on personal injury cases, visit the firm’s website at helpinginjured.com or call 855-693-9084.