Causes of Bicycle Accidents
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In a large city like Boston, riding a bicycle, rather than driving or using mass transit to get to work or other activities, can be very convenient. It is also economical, environmentally friendly, and a good way to get some exercise and fresh air. Over the past few years, the City of Boston has made efforts to ensure that people who choose biking as a means of transportation may do so safely. Unfortunately, bike accidents still happen regularly, with some bicycle injuries being life-threatening or even fatal. People who have been hurt in a cycling accident or have lost a loved one due to a bike injury should speak to a Boston bicycle accident lawyer about seeking fair compensation as soon as possible. At the Bellotti Law Group, we understand the causes of bicycle accidents. We will be glad to schedule a no-charge, no-obligation consultation so that you can learn more about your legal rights following a bicycle crash.
There are many causes of bicycle accidents that are related to the negligence of a driver, a business, or even a governmental entity. Just as drivers owe one another and pedestrians a duty of care, Massachusetts motor vehicle operators owe certain legal duties to bicycle riders. These include the duties to keep a proper lookout, obey traffic control devices, and maintain a safe speed for the conditions. Drivers can breach these duties by texting or looking down at a cell phone instead of focusing their attention on the road, failing to stop at a red light or stop sign, or driving at an unsafe speed. When a motorist breaches a duty of care owed to a cyclist, and this breach of duty is the proximate cause of physical harm to the rider, the motorist may be ordered to pay compensation to the rider who was harmed in the cycling accident.Pursue Fair Compensation Following a Boston Bicycle Crash
When a biking accident happens, the person riding the bike is at a severe disadvantage as compared to the driver of the automobile. Fractures, concussions or other closed head injuries, lacerations, contusions, and other serious injuries are common in cycling accidents. Under Massachusetts law, a bicycle rider may be entitled to a modest amount of personal injury protection (PIP) benefits toward his or her medical expenses and lost earnings from the motorist’s liability insurance company. In order to receive more substantial compensation, however, the cyclist must file a formal claim against the at-fault motorist. If the case proceeds to court, the cyclist and their attorney must be able to prove that the motorist failed to act in a reasonably prudent manner, thus causing the accident.
Also, careless actions by a business or governmental entity are among the possible causes of bicycle accidents. For example, if the negligent motorist was a courier making deliveries at the time of the crash, his or her employer may be held liable under the principle of respondeat superior.
It is possible that a defendant in a negligence lawsuit arising from a biking accident will attempt to avoid liability or to limit the amount of damages that are ultimately paid to the accident victim by alleging that the bicyclist was also negligent. Under the law of modified comparative negligence followed by Massachusetts, a cycling accident victim can only recover the percentage of damages that is attributable to the defendant. If the bicyclist is found to be more than 50% at fault in the collision, he or she does not receive any compensation at all.Get Started on a Bike Injury Case by Speaking to a Boston Attorney
If you have been hurt in a serious bicycle accident in or around Boston, or if a loved one has been killed in a bike crash, the Bellotti Law Group can help you investigate your case, document your injuries, and pursue the maximum amount of compensation to which you are entitled. To schedule a free consultation with an attorney, call us at 617-225-2100 or contact us online. We handle bicycle accident cases in Boston, Cambridge, Lowell, Malden, Medford, Somerville, Newton, Waltham, Concord, Revere, Braintree, Quincy, and Weymouth. Since there is a limited time to bring a claim, you should take action as soon as possible after being injured.