Warm weather means more bicycles on the road. While bicycling is a fun activity and a great way to exercise, it can be dangerous. Motorists often ignore or fail to pay attention to bicyclists on the road, causing serious and sometimes deadly accidents. If you are a bicyclist who has been hurt in an accident caused by a motorist’s negligence, you might be eligible to recover monetary compensation. Our Massachusetts bicycle accident attorneys are devoted to protecting the rights of injured bicyclists across the state.
According to the League of American Bicyclists (LAB), Massachusetts ranks as the fourth most bike friendly state in the country. The state boasts 36 bicycle friendly businesses, 12 bicycle friendly communities and 7 bicycle friendly universities. LAB is a membership organization that promotes cycling for fun, fitness and transportation through advocacy and education. One of LAB’s goals is to create safer roads and a bicycle friendly nation. While Massachusetts is considered to be a bicycle friendly state, the truth is that accidents do happen. In fact, there were 10 bicyclist deaths in 2016 and 2017. In 2018, bicycle fatalities dropped to 6 and in 2019, there have been 3 bicyclist deaths to date.
Aside from a helmet, bicyclists have no real protection in the event of an accident. This level of exposure can lead to serious, even deadly injuries to the bicyclist who is hit by an oncoming automobile. Sadly, most vehicle-bicycle collisions are the result of driver inattention. Distracted drivers often strike or sideswipe bicyclists, especially on roads where there are no designated bike lanes. If a motorist’s negligence caused your bicycle accident and resulting injury, you may be able to recover compensation. In Massachusetts, negligence refers to the failure of an individual to exercise reasonable care, thereby causing injury to another. Reasonable care refers to the duty to act in a way that a prudent person would act in the same or similar circumstances. Winning a negligence claim requires establishing the following: i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care; and iii) the defendant’s breach was a direct cause of the bike accident and plaintiff’s resulting injury.
It is important to note that if you want to file a bicycle accident lawsuit against the at-fault party, you must act quickly. Under Massachusetts’s law, a person has three years from the date of the accident to file a claim in civil court. Failure to do so will result in your legal claim being barred permanently. In other words, if you do not file your claim within the statute of limitations, you could forever lose your right to sue.
Bicycle accidents can lead to long-term injury and, in the most serious cases, death. If you have been injured in a bicycle accident that was caused by a negligent motorist, you deserve to be compensated. At The Law Offices of Barry Feinstein & Affiliates, P.C., our hard-working Massachusetts bicycle accident attorneys are commits to advocating for the rights of injured bicyclists across the state. Part of this includes zealously holding negligent motorists accountable for the harm that they cause. For a free consultation about your case, call us today at 1-800-262-9200 or contact us online.