Motorcycle Accident Claims in Massachusetts
The Massachusetts helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Every motorcycle operator and passenger (including a sidecar passenger) must wear protective headgear meeting the Registrar's standards, and an operator may not carry a passenger without one. G.L. c. 90, §7
| Motorcycle helmet law | Every motorcycle operator and passenger (including a sidecar passenger) must wear protective headgear meeting the Registrar's standards, and an operator may not carry a passenger without one. The only exception is for riders 18 or older taking part in a properly permitted public parade. Riders without a windshield must wear glasses, goggles or a face shield. The statute does not say that not wearing a helmet reduces damages in a lawsuit. Source: G.L. c. 90, §7 |
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| Lane splitting | Massachusetts law says motorcycle operators may not pass any other motor vehicle within the same lane, except another motorcycle; they also may not ride abreast of more than one other motorcycle and must ride single file when passing. On roads divided into lanes, every driver must keep the vehicle entirely within a single lane and may not change lanes until it is safe. Source: G.L. c. 89, §4A |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases. Source: M.G.L. c. 231, § 85 |
| Minimum car insurance | Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. PIP tort exemption: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M |
| Deadline to sue for an injury | Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise. Source: M.G.L. c. 260, § 2A |
More Massachusetts personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Massachusetts
- Wrongful Death Lawsuits in Massachusetts
- Medical Malpractice Rules in Massachusetts
- Car Accident Claims in Massachusetts
- Dog Bite Liability in Massachusetts
- Sidewalk and Public Property Falls in Massachusetts
- Pedestrian Accident Claims in Massachusetts
- Bicycle Accident Claims in Massachusetts
- Uber and Lyft Accident Claims in Massachusetts
- Truck Accident Claims in Massachusetts
- Construction Site Injuries in Massachusetts
- All Massachusetts personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Massachusetts?
Every motorcycle operator and passenger (including a sidecar passenger) must wear protective headgear meeting the Registrar's standards, and an operator may not carry a passenger without one. The only exception is for riders 18 or older taking part in a properly permitted public parade. Riders without a windshield must wear glasses, goggles or a face shield. The statute does not say that not wearing a helmet reduces damages in a lawsuit.
Is lane splitting legal in Massachusetts?
Massachusetts law says motorcycle operators may not pass any other motor vehicle within the same lane, except another motorcycle; they also may not ride abreast of more than one other motorcycle and must ride single file when passing. On roads divided into lanes, every driver must keep the vehicle entirely within a single lane and may not change lanes until it is safe.
Can you recover damages if you were partly at fault in Massachusetts?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
What is the minimum car insurance required in Massachusetts?
Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
What is the statute of limitations for personal injury in Massachusetts?
Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.