Bicycle accidents can lead to severe injuries and complex legal proceedings, especially in a state like Massachusetts, where traffic laws and accident liability can be challenging to navigate. Understanding the timeline for resolving a bicycle accident claim is critical for those involved, as it will help set realistic expectations and prepare for the various stages of the legal process. This article outlines the factors that influence the duration of bicycle accident claims in Massachusetts, offering insights into what to expect from start to finish.

Understanding Bicycle Accident Claims in Massachusetts

Bicycle accidents in Massachusetts can result in a large range of injuries, from minor bruises to severe head trauma and even death. According to the National Highway Traffic Safety Administration (NHTSA), in 2021 alone, over 900 bicyclists were killed in traffic accidents across the United States, a 5% increase from the previous year. In Massachusetts, bicyclists account for a significant percentage of traffic-related injuries, reflecting the high risk associated with cycling in urban and suburban areas.

When a bicycle accident occurs, the injured party may seek compensation for various damages, including:

• Medical expenses (current and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Property damage
• Emotional distress

The timeline for resolving a bicycle accident claim in Massachusetts depends on several key factors. Here's a breakdown of these factors and how they affect the overall duration of a claim.

Severity of Injuries and Medical Treatment

The extent and seriousness of injuries sustained in a bicycle accident are among the most significant factors affecting the duration of a claim. Claims involving minor injuries, such as cuts and bruises, may be resolved relatively quickly if the liability is clear and both parties are cooperative. However, claims involving severe injuries, such as traumatic brain injuries or spinal cord damage, can take much longer to settle. This is because:

• Extended Medical Treatment: Serious injuries often require prolonged medical treatment, multiple surgeries, or long-term rehabilitation. Claims cannot be settled until the injured party reaches maximum medical improvement (MMI), which is the point at which their medical condition is stable and unlikely to improve with further treatment. Reaching MMI can take months or even years, depending on the severity of the injuries.
• Comprehensive Medical Documentation: For significant injuries, comprehensive medical records, expert testimony, and detailed documentation of future medical needs are necessary. Gathering this information can extend the timeline.

Establishing Liability and Gathering Evidence

Determining who is at fault in a bicycle accident can be complicated, particularly in Massachusetts, which follows a modified comparative negligence rule. Under this rule, an injured party is eligible to recover damages only if they are determined to be less than 51% responsible for the accident. Furthermore, the compensation they receive is reduced by their assigned percentage of fault.

The process of establishing liability involves:

• Police Reports and Accident Scene Evidence: Collecting police reports, eyewitness statements, traffic camera footage, and other evidence to build a strong case can take time. If the accident scene is complex, with multiple vehicles involved, or if there is a dispute over what happened, it can significantly delay the process.
• Insurance Investigations: Both the plaintiff's and defendant's insurance companies will conduct their investigations to determine fault and assess the damages. These investigations can be lengthy, especially if there are discrepancies in the accounts of the accident or if more than one party is liable.

Negotiations with Insurance Companies

Negotiating with insurance companies is usually one of the most time-consuming aspects of a bicycle accident claim. Insurance adjusters typically aim to minimize payouts, which can lead to prolonged negotiations. Key points to consider include:

• Initial Offers and Counteroffers: The initial settlement offer from the insurance company is usually low, reflecting their attempt to settle quickly and cheaply. The injured party's attorney will likely counter this offer, starting a back-and-forth negotiation process that can take several weeks or months.
• Reaching a Fair Settlement: If both parties cannot agree on a fair settlement amount, mediation or arbitration might be required. These alternative dispute resolution methods can add time but may be quicker than going to court.

Litigation Process and Court Timelines

If negotiations fail and a fair settlement is not able to be reached, the case may proceed to litigation. The litigation process in Massachusetts involves several stages:

• Filing a Lawsuit: The injured party must file a lawsuit within the statute of limitations, which is three years from the date of the accident in Massachusetts. Filing the lawsuit begins the formal litigation process.
• Discovery Phase: This phase involves the exchange of information between both parties, including depositions, interrogatories, and document requests. The discovery phase can take several months to a year, depending on the complexity of the case and the court's schedule.
• Pre-Trial Motions and Hearings: Before a trial, both parties might file motions to resolve specific legal issues or to dismiss parts of the case. These motions can delay the process, depending on the court's availability and the case's specifics.
• Trial and Verdict: If the case ends up going to trial, it could take several days to weeks, depending on the evidence presented and the court's schedule. After the trial, there might be further delays if either party appeals the verdict.

Factors That Can Expedite or Delay the Process

Several factors can either expedite or delay the resolution of a bicycle accident claim in Massachusetts:

• Cooperation Between Parties: The more cooperative both parties are, the quicker the process can move. If there is resistance or refusal to settle, it can extend the timeline.
• Availability of Evidence and Witnesses: Timely access to critical evidence and witnesses can significantly speed up the process. Delays in obtaining necessary documents or scheduling witness depositions can prolong the claim.
• Legal Representation: Having experienced legal representation can help expedite the process by efficiently navigating the legal system, dealing with insurance companies, and avoiding unnecessary delays.

Conclusion

The timeline for resolving a bicycle accident claim in Massachusetts varies greatly depending on the specifics of the case. While some claims may be settled within a few months, others can take years, particularly if they involve severe injuries, disputed liability, or extensive negotiations with insurance companies. Knowing the factors that influence the duration of a claim can help injured parties better prepare for the legal journey ahead and set realistic expectations for their case. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts bicycle accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.