Bicycle Accident FAQs
- How Can a Boston, MA Bicycle Accident Attorney Near Me Help?
- What You Need to Do After a Bicycle Accident in Massachusetts
- How Can You Determine If You Have a Case
- What are the Massachusetts Bicycle Accident Claim Insurance Benefits?
- What are the Time Limits for Bringing a Massachusetts Bicycle Injury Claim?
These accidents can frequently cause very serious injuries given how exposed cyclists are when they are contacted by motor vehicles. These accidents can also be very complicated as liability and insurance coverage issues may arise.
We are experienced with investigating these accidents, and finding out precisely how the motor vehicle that hit you is responsible for your injuries.
We seek out any witnesses and obtain any video coverage that may exist of the crash. Our office will also collect any photos of your bicycle and the car(s) that hit you, as well as photos of your injuries, and the accident scene.
The next step in this process is to monitor all of your medical treatment. Once the treatment has finished, we then collect all your medical records, bills, and proof of lost wages. We then submit a settlement demand package to the insurance company.
Then, negotiations begin with the insurance company in order to reach a full and fair settlement for your bicycle accident case. Ideally, after back and forth negotiation, a settlement with the insurance company may be reached.
If a settlement is not reached, a lawsuit against the car that hit you will be filed. Depending on the type of injuries sustained, the case will be filed in either District Court or Superior Court.
We will fight for maximum compensation for your case.
Taking the appropriate steps following a bicycle accident is critical.
Here are some of them:
- Call the police
- Collect as much information about the person who hit you
- Photograph the scene
- Photograph your injuries
- Receive prompt medical attention
- Do not speak with any insurance adjusters
- Consult an experienced bicycle accident lawyer
Determining fault for these accidents comes down to which party was negligent for causing the crash. That involves looking at the crash scene, contacting witnesses, reviewing the police report, etc.
As long as the bicyclist was no more than 50% responsible, then he/she may pursue a claim for pain and suffering against the insurance policy for the motor vehicle operator. Regardless of fault, the cyclist’s medical bills and lost wages will be paid up to $8,000.
You are entitled to have up to $8000.00 in your medical bills and lost wages paid that are incurred following your Massachusetts bicycle accident.
These are “no-fault” benefits, also known as PIP (Personal Injury Protection) benefits and come into play even if the accident was your fault.
It is important to complete a PIP application as soon as possible in order to take advantage of PIP benefits. I am a Boston bicycle accident lawyer and can help you with this paperwork.
You also may make a claim for pain and suffering damages. These damages compensate you for any physical injuries, or mental distress, you suffered in your bicycle accident. These damages are also paid by the same insurance company that pays you for your PIP benefits.
Massachusetts law is very strict with deadlines for filing bicycle accident lawsuits. Failing to timely file will cause a case to be lost forever.
You have only three years in Massachusetts to file a claim for injuries, lost wages and pain and suffering following your Massachusetts bicycle accident. This is a strict deadline and these cases are usually most successful when promptly brought.
Delays only tend to hurt these cases. The reason is that witnesses and important evidence can be lost. Statutes of limitations are hard deadlines with few, if any, exceptions.
Also, just because you have three years to file does not mean it is wise to wait the full three years.
The statute of limitations for minors is three years from their 18th birthday (age 21).