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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

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Bicycle lanes snake throughout the greater Boston area, with the purpose of providing a safe space for cyclists to navigate city streets. Unfortunately, many motorists fail to respect these lanes, choosing instead to use them for parking.bicycle accident lawyer

At best, this is inconvenient for cyclists. Worst case scenario, however, it can be extremely dangerous, as it gives Boston bicyclists no other choice but to merge quickly into active lanes of traffic, significantly raising the risk of a crash.

Whether motorists don’t understand or don’t care about the implications, it’s a serious problem and some communities are taking action. Specifically in Toronto, Canada, the city’s parking enforcement unit has begun an enforcement action coined a “bike lane blitz.” A full-time officer will be dedicated to enforcing bike lane parking violations. The officer is in charge of bicycling throughout the city, ticketing violators $150 a pop. The officer is also responsible for bike lane safety outreach and education, some on social media and in driving classes. However, the officer vows to issue a citation to every bicycle lane blocker he crosses.  Continue reading

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Boston and the surrounding areas are becoming more and more bike friendly each year.  Not only are more people riding bikes, but the local governments including the cities of Boston and Cambridge are doing what they can to make things safer and more enjoyable for       bike riders and for the rest of the community.

Boston Bike Crash lawyerThere are a lot of reasons that cities like Boston are interested in making things better for bike riders.  One of the reasons is that young professionals who they are trying to get to move back to urban areas are one of the main groups of people who ride bikes.  This brings us to another reason why bike riding is good for the community.  It is good for the environment as it reduces one’s carbon footprint and also reduces the amount of noise and congestion on the roads. Continue reading

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There are more bicycle riders on the streets of Boston and in the City of Cambridge just across the Charles River than ever before.  There are variety of reasons for this.  Some people just want to get some exercise, and, as most of our jobs involve sitting down for most of the day, that is getting harder and harder to do.  One way to get some exercise is to ride a bike to work.

truck accidents Another reason more people are riding bikes is because it is much better for the environment than driving or even using public transportation such as the T. It is also a lot more cost effective once you foot the bill for the bike itself.  You no longer have gas to buy, and, for most people, you don’t need a $6,000 bike ready for the Tour de France. Continue reading