Massachusetts Bicycle Accident Attorney
‘Sharing the Road’ Means Cyclist Safety
If you or a loved one has been injured in a bicycle accident, you need an experienced law firm like Baker Law. Paul Baker and Richard Mandel will protect your rights and pursue financial compensation for your injuries. Our team of dedicated personal injury lawyers are experts in traffic law and bike law and understand how painful and stressful such accidents can be. Let Baker Law help you get back on the road to recovery quickly after the bicycle crash.
Did You Suffer Damages in a Bike Accident?
There’s no such thing as a bicycle accident — your bicycle crash was likely caused by the negligence of a motor vehicle operator, or poor maintenance of roads or sidewalks. In Massachusetts, the leading causes of injuries for cyclists are driver inattention and failure to yield. Even though many bicyclists wear a helmet, they are particularly vulnerable to injuries and death because of their lack of protection in comparison to what is impacting them.
Some common causes of injured bicyclists include:
- Distracted driving
- Collisions with motor vehicles
- Poorly maintained roads
- Unsafe pavement or lane markings
- Debris on the roadway or bike lane
- Lack of visibility due to poor lighting or signage
Annually, there are over 1,000 injured cyclists in Massachusetts, including deaths.
What Steps Should You Take After Being in a Bicycle Accident?
Taking the right steps — and avoiding missteps — after you’ve been involved in a bicycle accident is vital. It can make things much easier later on, when filing a personal injury claim. Contact an experienced bicycle accident attorney at Baker Law to guide you through the post-collision process.
Here are some DOs and DON’Ts following a bicycle accident:
- DO call for emergency medical assistance if needed.
- DO seek treatment from a healthcare professional as soon as possible. Even if injuries feel minor, this will ensure proper treatment and documentation of injuries.
- DO document the accident. Try to gather as much information as possible about the accident, including the contact information of any witnesses, photos of the damage to your bicycle and the surrounding area, and a written record of what happened.
- DO report the accident. Report the accident to the police and file an accident report. This will create an official record of the accident, which can be valuable in any subsequent legal proceedings.
- DO NOT speak with the driver’s insurance company. Seriously, DO NOT do this. Auto insurance representatives reach out after an accident for a recorded statement. They might seem helpful, but they are looking for ways to lower any potential payout. Decline to speak with anyone other than your insurance company. Tell them that you are exploring your legal options.
- DO NOT sign any documents without consulting an attorney. Be cautious of any paperwork from the insurance company, as it may not be in your best interest. Do not sign any documents or accept any settlement offers without first consulting with an attorney.
- DO NOT post about your bike crash on social media. This information can be used against you in court.
Proving Liability After a Bicycle Crash
To have a strong case, it is essential to prove the negligence and liability of the person responsible for the crash. Our goal is to establish the four key elements of negligence in order to seek compensation for damages.
Duty of Care
All drivers have a legal obligation to exercise reasonable care when operating their vehicles to avoid causing harm to others, including bicycle riders.
Examples of duty of care in relation to a bicycle accident include:
Following Traffic LawsDrivers must obey traffic laws, including speed limits, stop signs, and traffic signals, to avoid causing harm to bicyclists.
Maintaining a Safe DistanceDrivers must maintain a safe following distance from bicyclists to give themselves enough time to react to sudden changes in speed or direction.
Paying Attention to the RoadDrivers must avoid distractions, such as texting or using a cell phone, to ensure that they are fully focused on the road and aware of bicyclists.
Yielding the Right of WayDrivers must yield the right of way to bicyclists when necessary, such as at intersections or crosswalks.
Avoiding Reckless BehaviorDrivers must avoid reckless behaviors, such as speeding, aggressive driving, or tailgating, that increase the risk of causing harm to bicyclists.
Checking Blind SpotsDrivers must check their blind spots before changing lanes or making turns to ensure that they are not putting bicyclists in danger.
Being Extra Cautious in Inclement WeatherDrivers must take extra precautions when driving in inclement weather, such as snow, rain or fog, to avoid losing control of their vehicles and causing harm to bicyclists.
Breach of Duty of Care
When a driver acts carelessly, they breach their duty of care, and this is an essential element in proving negligence. We will work to prove that the driver was distracted, violated traffic laws, or acted recklessly in some other way, leading to the crash.
We will work to establish causation — which is the link between the incident and the resulting injuries. If you were rear-ended by a motor vehicle in the bike lane, we work to confirm that your injuries were caused by that collision and not pre-existing conditions.
Finally, we must prove the compensation owed to you as a result of your injuries. This includes medical bills, repair bills, and other documentation that demonstrate the impact of the crash on your life. Insurance companies will require this information to determine the amount of compensation owed.
What Can You Recover in a Massachusetts Bicycle Accident?
As a personal injury attorney in Massachusetts, in a bicycle accident case, a victim may be entitled to recover compensation for various types of damages, including:
This includes past, present, and future medical bills related to the injuries sustained in the accident.
If the victim was unable to work due to their injuries, they may be able to recover compensation for lost wages.
Pain and Suffering
This compensates the victim for the physical and emotional pain and suffering they experienced as a result of the accident.
If the victim’s bicycle or other personal property was damaged in the accident, they may be able to recover compensation for the cost of repairs or replacement.
In some cases, if the defendant’s actions were particularly reckless or negligent, the victim may be able to recover additional damages as punishment.
It is important to note that in Massachusetts, there is a statute of limitations for personal injury claims. This means that victims have a limited time to file a claim. An experienced personal injury attorney can help ensure that all the necessary evidence is gathered and that the claim is filed within the required timeframe.
Reach Out for a Case Evaluation with No Obligation or Fee — Just Advice.
Injured in a bicycle accident? Contact our law firm — especially before speaking with insurance representatives. Get advice at NO cost and with NO obligation. We can answer your questions and provide direction. If you retain us as your Boston bicycle accident lawyers, we handle all communications and negotiations with insurance companies.
Focus on your health and recovery, and we’ll get you the maximum compensation you deserve.