A bicycle accident can raise immediate questions about fault, insurance, and how your injuries will affect you going forward. When a driver causes the crash, you may have a right to recover compensation under Massachusetts law.
With 25 years of combined experience, Earley Law Group Injury Lawyers has recovered millions of dollars for injured clients. Our Somerville bicycle accident lawyers approach claims by looking closely at who is legally responsible and how the injuries have affected your life.
Our Sommerville personal injury lawyers can review your case and give you a clear assessment of your options. Contact us for a free consultation.
Massachusetts Laws Concerning Drivers and Cyclists
Massachusetts law gives bicyclists specific protections on the road. A driver who passes a cyclist or another vulnerable road user must leave a safe distance of at least four feet and travel at a reasonable and proper speed.
The law also addresses right turns around cyclists. A driver who has passed a bicyclist traveling in the same direction cannot turn right at an intersection or driveway unless the turn can be made safely without interfering with the cyclist.
These rules can become directly relevant when a driver passes too closely, cuts across a cyclist’s path, or claims the rider caused the collision.
Dooring Accidents
A dooring crash can happen when a driver or passenger opens a vehicle door into the path of an approaching cyclist.
Massachusetts law prohibits a person from opening a motor vehicle door unless it is reasonably safe to do so without interfering with other traffic, including bicyclists and pedestrians.
If you were injured this way, the vehicle’s location, damage to the door and bicycle, photographs, and witness accounts may help establish what occurred.
Other Common Bicycle Accidents
Not every bicycle collision involves a direct rear-end impact. We also see injuries caused when drivers fail to account for cyclists at intersections, while parking, or when entering and leaving traffic.
Claims may involve:
- A driver turning across a cyclist’s path.
- A vehicle entering or blocking a bike lane.
- A driver failing to yield at an intersection.
- A vehicle passing too closely.
- Distracted or impaired driving.
- A collision with a delivery vehicle, truck, or rideshare vehicle.
- A dangerous roadway condition.
Massachusetts law also prohibits motorists from standing or parking in a designated bike lane except in an emergency.
What Evidence Can Help After a Bicycle Crash?
The condition of the bicycle and the scene can tell us a great deal about how a collision happened. If possible, do not repair or discard your bicycle, helmet, or other damaged equipment before it has been documented.
We may also look for:
- Photographs taken at the scene.
- Police records.
- Statements from witnesses.
- Nearby surveillance footage.
- Damage to the vehicle and bicycle.
- Medical records describing your injuries.
Video can be especially useful in a city setting, but it may not be kept indefinitely. If a nearby business or building may have recorded the collision, that evidence should be addressed as soon as reasonably possible.
What If the Driver Says You Were at Fault?
A driver may claim you entered the roadway unexpectedly, were riding in the wrong position, or could have avoided the crash. An insurance company may rely on those statements when deciding whether to accept responsibility.
We compare those claims with the physical evidence, witness accounts, traffic rules, and the location of the impact.
Massachusetts follows comparative negligence. If you were partly responsible, you may still recover damages as long as your negligence was not greater than the combined negligence of the parties you are seeking recovery from. Any award is reduced by your percentage of fault.
What Compensation Can You Seek?
If another party is legally responsible for the collision, your claim may include compensation for losses caused by your injuries.
Depending on the facts, those losses may include:
- Medical treatment and rehabilitation.
- Lost income.
- Reduced earning capacity.
- Future medical expenses.
- Pain and suffering when recoverable.
- Damage to your bicycle, helmet, and other property.
- Other accident-related expenses.
The value of a claim depends on the evidence. We consider the nature of the injury, the treatment you have required, whether you are expected to recover fully, and how the collision has affected your work and daily life.
What Should You Do After a Bicycle Accident?
Get medical attention if you are injured, even if you initially believe you can go home without treatment. Some symptoms become more apparent after the initial shock of a collision wears off.
If your condition permits, photograph the vehicles, bicycle, roadway, and surrounding area. Get the driver’s contact and insurance information and identify any witnesses.
If a motor vehicle was involved and the crash resulted in injury, the motor vehicle operator generally has five days to file a written crash report with the Registry of Motor Vehicles and the police department with jurisdiction.
What If a Dangerous Road Condition Caused the Crash?
Not every bicycle injury claim is against a driver. Potholes, defective pavement, construction conditions, or other roadway hazards may contribute to a crash.
Claims involving a city, state agency, or other public entity are governed by different rules than an ordinary negligence claim. Massachusetts law can impose separate notice requirements and procedures when a governmental entity is involved.
If you believe the road itself caused or contributed to your accident, speak with a Somerville bicycle accident attorney before assuming the ordinary rules apply.
How Long Do You Have to File a Bicycle Accident Lawsuit?
Massachusetts generally provides three years to file a personal injury action, although a different deadline or notice requirement may apply depending on who is responsible and the type of claim.
Waiting can also affect the evidence long before the filing deadline arrives. A damaged bicycle may be repaired, surveillance footage may disappear, and witnesses may become harder to locate.
How Earley Law Group Handles Bicycle Accident Claims
When you come to us after a bicycle crash, we first want to understand exactly how it happened and what the injury has meant for you. We will tell you what we believe needs further investigation and where we see legal issues that could affect the claim.
We also keep you informed as the case develops. If an insurer disputes liability, questions your treatment, or makes a settlement offer, we explain what that means before you decide how to respond.
Earley Law Group handles personal injury cases on a contingency-fee basis, so you do not pay attorney fees upfront. We can also travel for consultations when necessary.
Speak With a Bicycle Accident Attorney in Somerville
If a driver, unsafe road conditions, or another party caused your bicycle accident, you may have the right to seek compensation for your injuries.
Contact Earley Law Group for a free consultation with one of our bicycle accident attorneys in Somerville. We can review what happened and explain what Massachusetts law may allow you to pursue.