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When a person gets on a bike and hits the streets, they are getting exercise, reducing their carbon footprint and engaging in an activity that is becoming very popular in the greater Boston area and across the nation. While that is the upside, the downside is that many motorists are not driving in a safe manner and are not taking bike safety laws seriously, and this can and often does result in serious personal injury or death.

In some cases, a cyclist might even share part of the blame. This is what is referred to as comparative negligence. Thankfully, state law does not make this a barrier to recovering damages. Riders who were partially at-fault for the crash may still recover damages, so long as they are not more than half responsible for causing the crash.

bike injury lawyerAccording to a recent news article from CBS Boston, a middle school teacher in Charlton, was recently killed in a bike crash.  This victim was 40-years-old at the time of this death. A Massachusetts State Police (MSP) spokesperson said the accident occurred on Route 20 at 3:30 p.m. Continue reading

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Our Boston bicycle accident lawyers are not just attorneys – we are avid riders ourselves. We are committed to advocacy that makes Boston streets safer for cyclists, and have been on the forefront of some of the state’s most important legislation to protect cyclists. This in-depth knowledge of these statutes is what allows us to provide such strong representation for our clients. We also support others’ efforts to promote safe cycling and better driver awareness of rider presence and rights.

A recent news article from the Park Record discusses how middle school student who was in a serious bike crash now is dedicated to bike safety and has even given a seminar on the subject at this school.

Boston bike crash Continue reading

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Comparative negligence in bicycle accidents involves a rider who is partially to blame for the cause of a collision. In Massachusetts, comparative negligence is not necessarily a bar to recovery, but it may limit the amount of damages one can collect. So even if you are cited in a bike crash that resulted in serious injury, do not assume you don’t have a case until you speak with an injury attorney.

According to a recent news article from the Newburyport Daily News, a man from Chelsea was airlifted to the hospital following a serious bicycle crash involving a car. Authorities have said the 41-year-old bike rider was riding along with a woman at around 10 p.m.

bike crashes BostonThe couple was riding their bicycles when the bike crash victim collided with a motor vehicle that was traveling in the same direction.  The driver of the vehicle immediately came to a complete stop and waited for first responders to arrive. Continue reading

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Hurst v. Metropolitan Casualty Insurance Company

In Hurst v. Metropolitan Casualty Insurance Company, a case from the Supreme Court of Wyoming, two plaintiffs were ridding separate bicycles around noon.  One plaintiff was riding about 30 feet in front of the other, and they were both on the shoulder of the road and the emergency lane when one was present.

Boston Bike Crash lawyerAt this point, a woman driving a minivan at around 50 miles per hour when she veered into the breakdown lane where plaintiffs were riding. She hit the rear bicycle rider from behind and the rider flipped up onto the roof of the minivan.  He was then thrown over the back of the minivan and ended up hitting the ground nearly 2oo feet away. Continue reading

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With so many more people riding bikes and bike advocacy groups doing better than ever, one might expect the per-capita share of bike accidents to bike riders to be on the downswing.  This would be true ideally even if the overall number of bike crashes was on the rise.  This would make sense with there being so many new bike riders on the streets of Boston, Cambridge, and the surrounding areas.

bike injury lawyerAccording to a recent news article from the Boston Globe, Boston is still very much a dangerous place for bike riders in terms of the frequency of bike crashes and a lot of the danger has to do with road conditions.  As the author who is an avid Boston bike rider and has been for more than 20 years noted, Boston has some of the most dangerous roads in the world and he is comparing to other countries that are from being called developed nations. Continue reading

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By now most people are familiar with the Hubway bike share program located throughout the greater Boston area.  This program allows riders to pickup a bike owned by the city of Boston, Cambridge, Sommerville, and Brookline. Riders can use this bike and then return it at any one of the Hubway bike share stations around the area.

Boston bike crash lawyerThese bikes are the same as ones used in cities across the country like Washington, DC where the program originated.  They are all operated by one of two companies that provide the same bikes with different paint and graphics for each respective program. Continue reading

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According to a recent news article from Wicked Local Cambridge, a new, two-direction bike lanes program on Brattle Street in Harvard Square is leading to some major disagreements between business owners and cyclists. The bike lanes are a new design that places two bike lanes closest to the curb and sidewalk along Brattle Street.

bike crash lawyerThis design is very different from existing bike lanes in other areas. The first thing that distinguishes it is that it is a protected bike lane.  This means that there is a painted divider between the lane intended for vehicle traffic and the bike lanes with plastic poles installed on the painted divider to serve as a physical barrier.  This is not an impenetrable barrier like a Jersey barrier as they are designed to brake away, but it would make cars much more likely to keep their distance than if the divider was not present. Continue reading

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Bicycle crashes in Boston and surrounding cities such as Cambridge happen all too often, sadly  resulting in serious personal injury or death.  When a person is gravely injured or killed in a bike crash,  there will be direct actions that can be filed by the plaintiff or the plaintiff’s estate, but there will also be potential claims if the plaintiff had a surviving spouse.

Boston bike crash One of these claims by the surviving spouse is known as loss of consortium.  This law, which has been applied in various other states, was addressed in a landmark case in the Commonwealth of Massachusetts entitled Diaz v. Lilly.  The tort had been around for a long time at common law, but at common law, there were many ambiguities. In Diaz, the court held that the tort of loss of consortium could be brought as a direct claim. Continue reading

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There has been a lot more talk about bike safety in recent years than we have seen at any time before.  Much of this has to do with a major change in the way people see bicycles and this relatively new concept of bike culture vs. car culture.

Boston Bike Crash lawyerDecades ago, bikes were pretty much considered something that only kids used.  Yes, there were those who raced road bikes, and there were famous races in Europe such as the Tour de France, but they were nowhere near as popular as they are today. The idea of someone choosing to ride a bike to work was basically unheard of on a larger scale because America was in love with automobiles, and those who did not drive a personal vehicle took a bus, commuter rail rain or rode the T to work in Boston. Continue reading

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There are a lot more people on bikes in Boston and the surrounding areas than there are in many other cities across the country, but Boston is not by any means the only city in which more people are taking bikes to work than they have in years past.  It is not only about commuting on bikes, either, as we see many more people riding for fun and exercise.

bicycle crash lawyerHowever, as we have more people on bikes, we are seeing more serious, and sometimes fatal, bike crashes involving a collision between a bike and motor vehicle.  While we are going to talk about a ways biking can be made safer, as well as things bike riders can do to avoid a collision, it is important to understand that, despite the fact that many motorists, and even police, like to assume the bike rider is at fault, the reality of most of these situations is quite different. Continue reading