Bicycle Accident FAQs
- 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?
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).