According to CNBC, Boston is one of the most “bikeable” cities in the United States. However, no cyclist is entirely safe while riding, regardless of how bike-friendly the location is. Bicyclists can still get into accidents because of motorists or poor road conditions, ending up with costly injuries such as broken bones, spine damage, or head injuries. Depending on your bike’s components, you may also face hefty repair costs or even have to replace your bicycle completely.
With the help of a Boston bicycle accident lawyer, you can seek compensation for the injuries and property damage you sustained through insurance claims or a lawsuit. This compensation may include your medical expenses, bike repairs, and even your pain and psychological trauma.
Our team at Ben Crump Law, PLLC is ready to help. For a free consultation, call us today at (800) 761-5225.
State Laws Help Protect Boston Cyclists
The city of Boston follows the cycling regulations found in the Massachusetts General Laws. Bicycles are not considered as vehicles—however, cyclists must still follow the same rules as drivers and can ride along most roads unless specified. Some of these laws include obeying traffic lights and yielding to pedestrians. Motorists must also slow down and maintain a reasonably safe distance when driving near bicycles, according to Section 14 of Chapter 90, Title 14.
Cyclists must also comply with specific laws, such as using hand signals and lights, having brakes, and wearing helmets. They must also report any crashes to law enforcement that result in injuries or property damage worth at least $100.
A Boston bicycle accident lawyer can help explain the cycling-related laws in your community. If you were struck by a vehicle, a lawyer can also determine if the at-fault driver committed any traffic violations that make them negligent in the eyes of the law, such as driving under the influence.
For a free legal consultation with a bicycle accidents lawyer serving Boston, call (800) 761-5225
Insurance First, Accident Lawsuits Second
Massachusetts follows a no-fault insurance system for car accidents. If your bike accident was the fault of another driver, you still have to rely on your insurance coverage first. Your medical expenses must reach at least $2,000 to be eligible for the driver’s mandatory minimum liability coverage. The state of Massachusetts also requires that you sustain significant injuries, such as bone fractures or disfigurations.
When insurance cannot fully cover your expenses or the other party is not insured, a civil lawsuit is your next option for compensation in a Boston bicycle accident. Unlike the state’s no-fault rule for insurance claims, a lawsuit works under modified comparative negligence principles. The jury may find you partially liable for your injuries and reduce the amount of compensation you can obtain based on your percentage of fault.
To illustrate, let us say that a cyclist is 40% at fault because they passed a car on the left side, which is a violation of the cycling laws in Massachusetts. However, the other party is still more liable because they hit the bicycle on purpose. If the cyclist’s receivable damages originally totaled $50,000, they will only receive $30,000, or 60% of the initial sum.
Please note that the state will not award any damages if your share of the fault is more than the defendant’s, even if you suffered worse injuries.
A Boston bicycle accident lawyer with Ben Crump Law, PLLC can help collect evidence to establish the other driver’s liability and serve your legal representative when dealing with insurance providers or pursuing your case in court. If you receive a settlement offer from the other party, they can negotiate on your behalf for the best possible outcome. Call Ben Crump Law, PLLC today to learn more.
Boston Bicycle Accident Lawyer Near Me (800) 761-5225
Deadlines for Filing Boston Bike Accident Cases
All cases must follow a statute of limitations, or deadline to file, which may vary depending on the state and the type of claim. In Massachusetts, Section 4 of Chapter 260, Title V sets the time limit for personal injury, wrongful death, and property damage claims at three years. Your bike accident case will likely have one or a combination of these, which means you will have to comply with this deadline.
Usually, the court automatically dismisses any lawsuits that miss their due date. However, there are some exceptions that can extend your time allowance—for instance, if the at-fault driver left Massachusetts to attempt to escape criminal charges or wait out the statute clock. In this case, the state would wait until the driver returns before resuming the time countdown.
You can determine your case’s deadline with the assistance of a Boston bicycle accident lawyer, who can investigate if there are any exceptions that affect your due date and help ensure that your lawsuit is submitted in time.
Call Ben Crump Law, PLLC Today
Repairing or replacing a bicycle and treating your injuries can cost you a considerable sum that could take years to recover from. Fortunately, our team at Ben Crump Law, PLLC is ready to help you find legal solutions to get you the compensation you deserve. Our Boston bicycle accident lawyers can guide you through every step of your case.
Ben Crump Law, PLLC has decades of experience in personal injury cases and a solid reputation for winning in court. We work on a contingency fee basis, which means you do not pay any upfront or out-of-pocket costs if we take your case. We will only collect a fee if we are able to win compensation for you. Call us today at (800) 761-5225 to get started.