Bicycle accidents are frequent in Massachusetts, and individuals can suffer severe injuries, particularly when a motor vehicle is involved, because of the vehicle's size and weight and the minimal protection for cyclists on public roads. Following a bicycle accident, it can be challenging to determine the compensation you will receive for your injuries and other damages. The right MA bicycle accident attorney can help you secure the compensation you deserve after an accident.

Brandon J. Broderick's law offices are dedicated to offering honest and reliable legal representation to our clients. We will conduct a thorough investigation, communicate with the insurance company, and build a strong case on your behalf. Put our decades of personal injury experience to work for you so that you can concentrate on your healing and recovery.

By hiring an MA bicycle accident lawyer from Brandon J. Broderick, you can be confident that we will work diligently to achieve the best possible result for your case. Failure to file a claim may result in minimal compensation from your insurer for your bicycle accident injuries and the potential denial of compensation for certain losses. You may have to pay for some of your injury-related expenses. If you contact us immediately, we can assist you during your recovery so that does not happen to you or a loved one.

We guarantee that we will diligently pursue justice and the compensation you deserve. We have helped many individuals facing challenging situations that were not their fault. You can contact us today at (877) 941-2767.

Below, you can read about the fundamental steps for filing a claim and the legal aspects related to bicycle accidents in Massachusetts.

If you've been hurt in a bicycle accident in Massachusetts and suspect it was due to someone else's negligence, it's important to explore your legal options with an attorney skilled in bicycle accident cases. Beyond the hurdles of physical recovery, those with serious injuries often deal with an array of problems, such as increasing healthcare expenses, lost wages, and emotional pain and suffering. An experienced personal injury lawyer can aid in building a compelling claim for damages.

Allow Brandon J. Broderick, Attorney at Law, to manage the preparation of your case, freeing you up to focus on your health and recovery. Our attorneys will gather evidence, interview witnesses, work with specialists, and handle negotiations with insurance firms. Our team of bicycle accident lawyers in Pennsylvania is ready to help you secure the compensation you rightfully deserve, standing by your side and taking all necessary steps to protect your rights. Should negotiations fail to yield a fair settlement, we're fully prepared to take your case to court and achieve a victory.

Insurance companies may pressure you into a quick settlement soon after your accident. Yet, accepting their initial proposal could restrict your chances for further compensation, potentially leaving you to cover ongoing medical bills and other unforeseen expenses yourself.

You won't owe us anything unless we win or settle your case. In other words, you won't face any charges from us if the outcome is not in your favor. If you're interested in discussing your circumstances and the legal options available to you, we invite you to arrange a no-cost consultation with one of our attorneys today.

Common Injuries in Bicycle Accidents

Cycling outdoors offers a refreshing sense of liberation but also elevates the likelihood of being involved in an accident. While minor injuries like cuts and bruises are common, there's also a risk of sustaining more serious or potentially life-threatening harm. Examples of such severe injuries include head traumas, fractures, spinal cord damage, and injuries to soft tissues.

Head and Brain Injuries

Among the gravest outcomes of a collision with a motor vehicle are head and neck injuries. Traumatic brain injuries, which can lead to lasting disabilities or concussions, fall within this category. Symptoms of a concussion might not be immediately apparent, and the affected person might not recognize the severity of their condition for some time. Wearing a helmet is highly recommended to mitigate the risk of head injuries.

Lower Body Injuries

Lower body injuries are frequently seen in cyclist collisions, encompassing bone breaks, limb crush injuries, and damage to soft tissues like tendons and ligaments. These injuries to the lower extremities can be profoundly debilitating and expensive, necessitating comprehensive treatment for recovery.

Damage to the Spinal Cord

Spinal injuries, caused by direct impact to the spinal cord, can lead to severe outcomes such as paralysis, tetraplegia, or quadriplegia. These injuries are notoriously challenging to treat and manage, are often irreversible, and may require numerous surgeries and lifelong care.

If you or someone close to you has been severely injured in a bicycle accident in Massachusetts, don't hesitate to reach out for a free consultation with a lawyer at Brandon J. Broderick who can help you immediately and guide you through your legal options.

Common Causes of Bicycle Accidents in MA

In incidents where a car hits a cyclist, it's usually the car driver's negligence that's to blame. Dangerous or poorly maintained roads can also play a role in or contribute to the accident. When a car or another type of vehicle strikes a cyclist, there are three main scenarios that frequently result in severe injuries.

Left turns

More than one-third of accidents between cyclists and cars happen at intersections. A driver who is preoccupied or not paying attention well enough may miss a cyclist riding in a bike lane or on the shoulder of the road. For cyclists, navigating across traffic lanes to reach a left-turn lane poses significant risks.

Right turns

Similarly, right-hand turns by drivers can lead to catastrophic outcomes if the driver overlooks a cyclist coming up from behind. A car making a right turn can collide with a bicycle on the right-hand side of the road, especially if the driver fails to check their blind spot before turning, increasing the risk of an accident.

"Dooring"

"Dooring" occurs when a cyclist crashes into an open car door. This type of accident is common in urban areas where vehicles are parked along city streets, leading cyclists to run into an open door, potentially causing them to be ejected from their bike and sustain serious injuries. It's critical for drivers and passengers to look for cyclists before opening their vehicle doors.

My Bicycle Accident in Massachusetts Was Caused by a Negligent Driver

Accidents involving cyclists are often the result of a motorist's negligence. As a driver, it's important to remember the responsibility you have to maintain a "duty of care" towards other road users, including other drivers, passengers, cyclists, and pedestrians. Driving with reasonable care is a legal obligation; failing to meet this standard and causing an accident with injuries can result in liability for the damages suffered by the victim.

Examples of negligent driving that could have led to an accident include the following:

  • Driving while intoxicated
  • Distracted driving
  • Speeding
  • Failure to yield to cyclists
  • Disregarding traffic signs like speed limits and stop signs
  • Driving recklessly

For negligence to be established in a Massachusetts personal injury case, these four elements must be proven:

  • Duty: One party (the defendant) has a responsibility to another party (the plaintiff) in the form of a "duty.” In general, the defendant owes an obligation to anyone who might suffer harm as a result of their actions.
  • Breach: The defendant has failed to fulfill their “duty” obligation by not acting appropriately. An example of this could be disobeying traffic laws.
  • Causation: The defendant's negligence (the driver ran a red light and injured another driver, for example) was what led to the plaintiff's injury.
  • Damages: Damages are awarded when another party sustains injury or financial loss as a result of a breach of "duty" by one of the parties.

Modified Comparative Negligence Law in Massachusetts Accident Cases

In Massachusetts, the "modified comparative fault" rule applies when both parties share blame for an accident. Typically, in such cases, the jury is tasked with determining two key figures based on the evidence presented: the total amount of damages sustained by the plaintiff and the percentage of fault attributable to each involved party. According to the modified comparative negligence law, the compensation awarded to the plaintiff is decreased by a percentage equal to their share of the fault.

Under the modified comparative negligence system in Massachusetts, you are eligible to seek compensation for personal injury only if your share of fault is below 51%. Should your portion of fault reach 51% or more, you will be ineligible to receive any damages.

Nevertheless, this rule should not deter you from seeking legal recourse following a bicycle accident. It is advisable to consult with an experienced MA bicycle accident lawyer who can answer any questions that you may have and explore your legal options.

Bicycle Accident Compensation in MA

Personal injury claims from bicycle accidents can cover both economic and non-economic damages. Economic damages refer to tangible financial losses, such as medical bills and lost income. On the other hand, non-economic damages include intangible losses like pain and suffering.

At Brandon J. Broderick, Attorney at Law, our team of Massachusetts bicycle accident lawyers is committed to securing comprehensive and fair compensation for our clients. The value of your claim will depend on the specifics of your case, including the nature and longevity of your injuries. For severe injuries, it's crucial to account for future medical expenses and their impact on your income.

It's important to note that you're allowed only one personal injury claim per accident. The full extent of your medical needs may not be clear immediately after an accident; it could take weeks or months to fully understand. Questions to consider include the duration of recovery post-treatment and whether you'll require special medical equipment or modifications to your home for your recovery.

Estimating the total value of your damages is challenging without a clear picture of your medical outcome. Therefore, it's advisable to resist accepting an insurance company's initial settlement offer prematurely. Insurance companies may not be fully informed about your medical prognosis and often aim to settle quickly. Consult with a personal injury lawyer before making any decisions to ensure you won't be left covering future medical costs or other unforeseen losses.

Massachusetts Bicycle Accident Claim Filing Deadline

In Massachusetts, the statute of limitations for personal injury cases is outlined in Mass. Gen. Laws ch. 260, § 2A, granting individuals three years from the date of their injury to file a lawsuit. This period is your window to pursue legal action if someone's negligence or intentional act has caused you harm, starting from the accident date. Failing to file within this three-year timeframe means potentially losing the opportunity to seek compensation. Although three years might appear extensive, developing a strong legal case can be time-consuming and resource-intensive. If you've experienced a significant injury from a bicycle accident, it's crucial to promptly seek out a knowledgeable bicycle accident attorney in MA to initiate the legal process.

Immediate Steps Following a Bicycle Accident in MA

Bicycle accidents can be alarming, yet maintaining composure and taking appropriate steps afterwards is essential for your well-being. The foremost action is to obtain medical care, which should be your top concern. Injury symptoms might be delayed or masked by the initial shock and trauma, minimizing the pain you feel. Besides initiating your recovery, receiving medical care also documents your injuries, serving as valuable evidence for any potential claims.

After experiencing a bicycle accident, it's important to follow these additional steps:

  • Gather evidence: Whenever feasible, make sure to gather all possible evidence right at the accident scene. This includes taking photos of the accident scene, the involved vehicle, current weather conditions, the roadway, and any relevant traffic signs or signals. Additionally, obtain the contact details of the other driver involved, any passengers, and witnesses present.
  • File a police report: According to Massachusetts law, specifically M.G.L. Chapter 90, Section 26, drivers must report any traffic accident that results in injury or death, or where damage to any vehicle or property exceeds $1,000. Filing a police report not only complies with this requirement but also aids in strengthening your legal case.
  • Contact a MA bicycle accident lawyer: Consulting with an attorney experienced in bicycle accident cases can provide guidance on filing a claim, the amount of compensation you may be eligible for, and the process for seeking damages.
  • Keep copies of all accident related bills and records: Keep a detailed record of all medical expenses and treatments related to your injury. This should cover costs for medical consultations, therapy sessions, medical devices, prescription drugs, and any other expenses related to your treatment. Store all related receipts and documentation in an easily accessible place for reference.

If you have been hurt in a bicycle accident, seek medical attention immediately. Contact us now to schedule a free consultation. We are committed to assisting our clients in their recovery while advocating for their rights and seeking just compensation.

Bicycle Safety Tips for Bicyclists in MA To Avoid Crashes

It is always important to follow basic safety practices and all bicycle laws when biking in Massachusetts.

Before You Ride

  • Make sure that your bike fits you properly. If your bicycle is too big or too small, you will have a harder time controlling it.
  • Make sure that the bicycle is in good working order and that the brakes are working properly before starting your ride.
  • Wear the proper equipment for safety, visibility, and protection. Wearing a helmet, reflective gear, and lights are essential.
  • Do not try to carry any loose items. Use a backpack to stow your belongings so that you are able to use both hands while controlling your bicycle.
  • Be sure that your clothing and shoelaces are not too loose and cannot get caught in the bike chain.
  • Plan a route that is the safest and has the most bike lanes, if possible.

While You’re Riding

  • Driving while intoxicated
  • Distracted driving
  • Ok
  • Speeding

General Riding Tips

  • Use a bell or announce yourself to pedestrians.
  • Always ride in the same direction as traffic.
  • MA allows bicyclists to ride on sidewalks outside of business districts unless local law prohibits it.
  • Signal and look over your shoulder before turning or changing lanes.
  • Use correct hand signals so that drivers will be able to anticipate your movements.
  • Be aware of cars that are backing out of driveways, emerging from parking lots, or making turns.

Frequently Asked Questions Concerning Bicycle Accidents

When I was injured while riding my bike, I was not wearing a helmet. Can I still file a claim?

Always wear a helmet when cycling to safeguard your head. It's mandatory for anyone 16 years old or younger to wear a helmet that fits properly while riding a bicycle. Nonetheless, in the event of an accident caused by a driver's negligence, you may pursue a claim or lawsuit for your injuries, regardless of whether you were wearing a helmet at the time.

How much compensation does the average bicycle accident claim receive?

The compensation you might qualify for after a bicycle accident varies, depending on the specifics of the accident and the extent of your injuries. Minor injuries might not necessitate a claim, but more serious injuries—those that lead to hospital stays and lost wages, for example—could warrant a larger compensation amount.

How long does it typically take to file a claim after a bicycle accident?

Given the individualized nature of each case, predicting the exact timeframe for resolving a claim is challenging. Depending on the circumstances and the severity of the injuries, some cases may resolve in a matter of days or months, while others might take longer than a year.

When an accident occurs, is the cyclist ever to blame?

There are instances where the cyclist might bear full or partial responsibility for the accident. Similar to drivers, cyclists can be impaired by alcohol or drugs, or they might break traffic laws, thereby endangering themselves and others, which could contribute to their liability in the event of an accident.

Does Massachusetts law mandate the use of bicycle helmets?

Minors under 16 must wear helmets when biking, whether as cyclists or passengers. Though not mandated for cyclists over 16, helmet usage is highly recommended. Studies indicate that helmets can reduce the risk of head injuries by up to 85 percent.

An Attorney at Brandon J. Broderick Is Prepared To Assist You Today if You Have Been Involved in a Bicycle Accident in Massachusetts

Understanding the distress and turmoil that follow any accident, particularly when it involves a cyclist and a vehicle, is crucial. The confusion and pain, or the worry for a loved one's well-being, can be daunting. Our goal is to support victims of such accidents during these difficult times, aiding in their recovery and pursuit of just compensation.

Brandon J. Broderick's law offices provide exceptional legal services with empathy, compassion, and a track record of success, making us a top firm in Massachusetts specializing in personal injury law. Rely on our expertise to create effective legal strategies and work diligently to improve your quality of life. Our extensive track record of success underlines this promise. For decades, our lawyers have dedicated themselves to advocating for the rights of bicycle accident victims across Massachusetts, securing compensation for injuries caused by others' recklessness or negligence.

Contact us today for a free case evaluation and consultation. We look forward to helping you.

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