Articles Posted in Bicycle Accidents

Bicycle accidents can cause devastating injuries. If you have been hurt in a bicycle accident, you may be able to seek monetary damages for your injuries and losses. Our reputable Massachusetts bike accident lawyers have over 25 years of experience and understand what it takes to advocate for your rights. We will examine the circumstances surrounding your accident and devise a legal strategy accordingly.

A 32-year-old Brewster man was left critically injured when a driver hit his bicycle and fled the scene. The incident took place just after 9:30 pm on Millstone road where the victim, when riding his bike, was hit by a vehicle – potentially a Sedan. The victim was rushed to a hospital by Medflight and has already undergone two surgeries. He was also in a coma and is now sedated. Police are still investigating the case, as the driver still has not been located. The victim’s family is pleading for information from anyone who may know anything about the crash.

Sadly, bicycle accidents happen quite frequently. The National Highway Traffic Safety Administration (NHTSA) found that 783 bicyclists died in traffic accidents in the country in 2017. As you may expect, when an accident takes place between a vehicle and a bicycle, it is the cyclist that is most likely to be hurt. Bicycle riding is very popular in parts of Massachusetts. In fact, ridership more than doubled from 2007 to 2015. The Massachusetts Bike Coalition reports that there were 10 bicyclist fatalities in 2017 and 6 bicyclist deaths in 2018.

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If you have been injured in a mishap that was someone else’s fault, you can potentially recover monetary damages through a personal injury lawsuit. At The Law Offices of Barry Feinstein & Affiliates, P.C., our diligent Massachusetts injury attorneys have worked in this legal space for over 25 years and have a thorough understanding of how to pursue the compensation you deserve. Having helped countless clients, we know how stressful a serious injury can be for you and your whole family, which is why we will focus on your case so that you can focus on healing.

In a recent case, the Massachusetts’s Supreme Judicial Court (SJC) was asked to address the circumstances under which an injured victim is required to give 30-day notice for accidents involving road flaws. The facts of the case are as follows. The plaintiff was hurt on his bike and struck a utility cover that was not properly aligned with the street surface. The plaintiff then sued the city. The city declined responsibility saying that an energy corporation was at fault for the improperly aligned cover. The plaintiff subsequently sued the energy company. However, the judge dismissed the claim citing plaintiff’s failure to provide notice to the company within thirty days of the plaintiff’s injury, as necessitated by a state statute. Specifically, M.G.L. c. 84  § 15 of the Torts Claims Act requires an injured person to provide notice of the injury within 30 days to the county, city, town or “person by law obliged to keep said way in repair.”

Ultimately, the SJC reversed the lower court’s decision, holding that the statutory requirement of notice within 30 days to a potential defendant purported to be accountable for road defects giving rise to injury only applies to  government defendants but not to private sector defendants. The court explained that the road defect and notice statutes apply to the government and quasi-government parties responsible for the public duty of preserving the public way and not to a private party, such as a corporation, that has created a specific defect in the road. This is true even when a private corporation is permitted by the government to fix a particular road defect. Thus, the plaintiff in this case was not required to give thirty days’ notice to the corporation and the corporation could be sued without such notice.
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Bicycle accidents almost always cause more harm to the cyclist than the motor vehicle driver. Even when a bicyclist is wearing a helmet, he or she is not protected from broken bones, crush injuries, brain injuries and other types of serious injuries. If your loved one has been injured or killed in a bike accident, contact a seasoned Massachusetts bicycle accident attorney. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to helping you with your claim and getting you the monetary damages you deserve.

A bicyclist recently died from her injuries after being struck by a cement truck in Fenway. Officials identified the victim as Paula Sharaga, 69, of Cambridge. Sharaga’s husband commented that she was a peace activist and a beloved librarian for 20 years in the community. According to an initial investigation, the cement truck was stopped momentarily at a traffic light. When the light became green, the truck began to drive ahead while Sharaga was riding her bike in the intersection. She was hit by the front of the truck and died as a result. The crash is still under investigation, including the chain of events leading up to the deadly crash.

Establishing Fault After a Bicycle Accident

Bicycle riding is very popular in parts of Massachusetts. In fact, ridership more than doubled in Boston from 2007 to 2015. Sadly, bicycle accidents are more common than you may think. According to the Boston Cyclists Union, 12 of the 18 cyclist deaths in the state were in Boston and Cambridge over the last seven years.

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