Left-Turn and Intersection Crashes in Boston: Proving the Other Driver's Fault
You had the green. You were tracking straight through the intersection doing everything a good rider does, and a car or a cab swung left across your lane like you were not even there. In a city built on rotaries, six-way intersections, and drivers cutting across two lanes to make a turn, Boston serves up the left-turn crash constantly. The driver always says the same thing. I never saw him. In Massachusetts, where fault decides whether you recover a dime, turning that into proof is the whole case.
Why they say I never saw him
A car waiting to turn left is looking for a gap big enough for a car. A motorcycle is narrower, so it reads as farther away and slower than it really is. The driver sees an opening that is not there, turns, and puts a two-ton vehicle across the path of a rider who had the right of way. The same thing happens at Boston rotaries, on Route 128 on-ramps, and along Memorial Drive. I never saw him is not usually a lie. It is a confession dressed up as an excuse, because failing to see a motorcycle that was plainly there is a failure to keep a proper lookout and a failure to yield. That is negligence.
The 51 percent bar and fault-shifting
Massachusetts follows modified comparative negligence under G.L. c. 231 s 85. You can recover as long as you are not more than 50 percent at fault, and your recovery drops by whatever share is assigned to you. Cross 51 percent and you get nothing. That is exactly why the other side works to pin blame on the rider, arguing you were speeding, could have braked sooner, or had your headlight off. A clear, well-documented left-turn case keeps the fault where it belongs, on the driver who turned across your lane.
- ✓ Traffic and business cameras. Intersection, storefront, garage, and MBTA cameras may have caught the turn, but footage is often overwritten within days, so it must be requested fast.
- ✓ Dashcams and other riders. Boston traffic is full of dashcams, and other motorcyclists nearby often make willing witnesses who know exactly what a left-turn crash looks like.
- ✓ Independent witnesses. Pedestrians and other drivers who saw the car turn across your green carry weight because they have no stake in the outcome.
- ✓ The police report and citations. An officer's notes and any citation for failure to yield help anchor fault, though the report is a starting point, not the last word.
- ✓ Physical evidence. Vehicle damage, the point of impact, skid marks, and resting positions can reconstruct the geometry and confirm you had the right of way.
Move fast, and mind the clock
The single biggest mistake after an intersection crash is waiting. Footage gets recorded over, witnesses scatter, and memories fade. If you are able, note which businesses likely have cameras, get names and numbers from anyone who stopped, and photograph the scene, the vehicles, and the signals. Be careful with the insurer too, because a recorded statement given before you understand your rights feeds the adjuster's fault-shifting story. You generally have three years to file under G.L. c. 260 s 2A, and far less if a city vehicle, an MBTA bus, or a public road was involved. Between disappearing footage and these deadlines, an intersection case rewards early action more than almost any other kind.
Jeff Glassman and the motorcycle accident lawyers in Boston at Glassman Injury Lawyers represent riders hurt by negligent drivers. If you have questions after a crash, their team is here to help.