Dooring is a very common way in which bicycle riders are injured in the Greater Boston area. The really sad thing is every dooring accident is entirely preventable. Even the slightest amount of thought and awareness from motorists would prevent the majority of dooring accidents in our area.
As the name implies, dooring involves opening a car door into the path of an oncoming bicyclist. These accidents most often involve the driver’s door since it opens to the left, but it can also involve a rear passenger who is seated on the driver’s side of the vehicle. In some cases, we have seen passengers in taxi cabs or rides sharing vehicles open their doors into the path of an oncoming bicyclist, causing serious personal injury. Continue reading
Stunning footage of a cyclist in Queensland, Australia being wiped out by a full-grown kangaroo mid-leap had many riders feeling a bit jumpy, especially given that this was supposed to be a quiet ride along a quaint country road. The Courier Mail, which posted the video, reports the unsuspecting cyclist was laid out when the kangaroo seemingly went on the offensive, leaping from the bush, knocking the cyclist onto her side before hopping away unscathed into nearby tall brush. The entire thing was captured on camera by a fellow rider.
News outlets reported the cyclist was taken by ambulance to a nearby hospital and released with stitches on her knee and sling for her right arm.
Barring any mass marsupial breakouts from the Franklin Park Zoo, a kangaroo “attack” on any Boston cyclist is highly unlikely. However, other animals – primarily, dogs – have proven problematic for regular riders. In these situations, our Boston bike injury attorneys know to help you recover damages.
It seems almost every bicyclist has at least one story of a close call involving a canine. Many cyclists can outrun even a fast dog, but too often, riders are often caught unaware when the dog ambushes from the side or gives chase uphill. These incidents most frequently occur on suburban or rural roads – including those crossing through Lincoln, Concord, Sudbury or Dover, Sherborn, Medfield or Essex, Ipswitch and Hamilton. Conflicts or other incidents with dogs are also more likely to occur on “bike paths,” which are technically multiple user recreational paths. People ride on these paths because they feel safer, but they are also used by joggers, people with pets and small children. A pet owner with a dog leash stretching across the width of the path is akin to a dangerous tripwire for a cyclist. Dog-related incidents are much more likely to happen in this setting than on a bustling Boston street.
It’s important for riders to watch for dogs and ride cautiously to outrun them if one gives chase. Most bicyclist injury claims that are dog-related aren’t the result of an attack or a bite. Injury is typically the result of a chasing dog getting caught in the bicycle spokes or wheels, causing the bike to crash. If a cyclist is injured after a dog gives chase or collides with a bike, it is often negligence by the dog’s owner – more precisely, the failure to exercise control over that dog – that is to blame. Through our years of experience as bike attorneys, we know what type insurance coverage may be available and how to secure you damages caused by an unleashed dog.
Every time you are on the road, regardless of your mode of travel, there is a potential for an injurious accident. Bicyclists are much more likely to be seriously injured in a collision than occupants of cars or trucks as a bike offers scant protection from a forceful impact. Even low-speed crashes can result in major injuries for someone on a bicycle. It’s true that most crashes are the result of some type of negligence, meaning one or more of those involved breached their duty to use reasonable care on the roads. Enforcement of speed limits, anti-distracted driver laws and impaired driving statutes is important. But another effective way to reduce the odds of a serious bicycle accident is to invest in good traffic safety infrastructure. Well-designed bike lanes are an integral part of this.
As explained by the National Association of City Transportation Officials, a bike lane is a portion of the road designated by striping, signage and pavement markings that give bicyclists preferential or exclusive use. The goal is to create some degree of separation between cyclists and motor vehicle traffic so those on bikes can ride at their preferred speed without worrying (too much anyway) about conflict with motor vehicles. It creates better predictability of movements between both drivers and cyclists. Continue reading
2018 National Bike Summit., with Senator Markey’s office. From left to right, Galen Mook, Vivian Ortiz, Tom Francis, Senator Markey, Massbike Exec. Dir. Richard Fries, Bikeattorney Andrew Fischer and Jon Terbush
The annual National Bike Summit in Washington, D.C. this month presented a key opportunity for bicycle safety advocates to press Congressional leaders on the importance of investing in bicycle infrastructure and continued efforts to unify local, regional and national forces in furthering bike-related projects and programs.
Boston bike attorney Andrew Fischer was present and actively involved with a group of MASSBIKE representatives. The three-day conference concluded with a full day of lobbying. In addition to meeting with Sen. Ed Markey (D-Mass), Fischer and the team met with the staffers of Elizabeth Warren and Reps. Joe Kennedy III, Seth Moulton, Michael Capuano and James McGovern. Primary goals included outlining critical concerns of the cycling community and advocating for peak priority in larger urban planning actions.
The two main takeaways from the Summit:
A proliferation of dockless bike share businesses springing up in urban areas like Boston but also in gateway cities like Worcester, Springfield, Lawrence, Lowell, New Bedford and Fall River. There is a push toward extending greater accessibility and connectivity of cycling networks, particularly in law income areas, which are vastly underserved. (Fischer was struck by the data revealed on this front, allaying previous concerns these business models might undercut further expansion of traditional municipal dock-based bike share services.)
At the time of the conference, the first week in March, federal funding for bike infrastructure appeared threatened, as part of the budget cuts for mass transit and transportation funding for big cities, particularly in the northeast and on the costs. We though we would need to work with our allies in the Massachusetts delegation to protect this funding, which remains essential in the fight to continue our campaign for safer streets in Boston and throughout the Commonwealth. However, bicycle infrastructure funding was included in the budget that passed two weeks after our return from Washington. This allows us to continue to advocate for improved bicycle infrastructure.
Rome wasn’t built in a day, and our bicycle infrastructure won’t be either. Yet with each victory, we are closer to the reality of safe streets. So it was welcome news that the Cambridge City Council voted recently to keep the protected bicycle lane on Cambridge Street, despite some vocal, if not broad-based opposition.
It is regrettable that this has become such a contentious issue, with some residents and business owners railing against the loss of nearby parking and narrower traffic lanes. They pleaded passionately for officials to have the lanes removed.
As staunch supporters of better bike access and improved safety for all road users, we do believe in the effectiveness of protected bike lanes. However, we also understand that the process of creating new and better road systems will inevitably involve some trial-and-error. It’s important to carefully weigh everyone’s concerns and help find reasonable solutions and compromise where that is possible. Continue reading
An Act to Reduce Traffic Fatalities, a broad and sweeping bill directed at improving bicyclist safety in Massachusetts has survived its latest hurdle in the State House but now needs your support.
The bill, S.1905 and H.2877, covers a comprehensive range of critical traffic safety issues, including several pertaining directly to the rights and safety of bicyclists in Boston and across the Commonwealth.
The bill includes provisions relating to bike path crossing, a pet project of our own BikeAttorney.com attorney Andrew Fischer, a three-foot law and increased fines for double parking in bike lanes. Each section addresses current hazards cyclists face and impediments to damage recovery from negligent motorists.
Several elements of the bill have been floated in some form or another during prior legislative sessions. These efforts always stalled, typically an unfortunate victim of warring political interests. This bill presents a vital opportunity to protect Massachusetts bicyclists in a comprehensive manner, underscore their rights on the road and allow meaningful recourse against those who disregard their lives.
The Act (which we also credit in large part to the efforts of state and local Vision Zero coalitions and cycling advocacy groups like MassBike) would help reduce overall traffic deaths in the Commonwealth through a host of changes, including:
Amending the state’s texting-and-driving law;
Improving signage for bicyclists and pedestrians;
Requiring side guards on trucks contracted with the state;
Raising awareness of drowsy driving;
Introducing a traffic safety curriculum in public schools.
State senators and representatives need to hear from constituents that now is the time to act. The deadline for legislative action was extended, meaning voters have from now until March 2nd to contact their lawmakers and voice support for S.1905 and H.2877. Continue reading
There is no question more people are biking and bike commuting than ever before in the Greater Boston area including Cambridge just across the Charles River. To get an idea of just how the trend is moving, we can look to data published by the City of Cambridge, which shows 4 percent of residents commuted by bike in 1990. Today the number has risen to high as 9 percent and this is only expected to continue.
To meet the needs and protect the safety of the the growing cyclist community, there have been a lot of changes including the addition of bike lanes, some with physical barriers, and there have been renewed efforts to educate motorists on the laws pertaining to bike safety. Unfortunately, there still needs to be a lot of work in both of these area as bike riders are hit by cars on a regular basis, and many drivers do not understand bike riders have the same rights as a vehicle driver while on the streets and roads of Massachusetts. Continue reading
A civil lawsuit following a Boston bike accident is a case designed to obtain compensation for a plaintiff with respect to any injuries suffered as a result of defendant’s negligence. In many cases, civil defendants who are at fault in causing an accident will be given a civil motor vehicle infraction, but will not be charged with a crime. In some cases, where there are allegations of operation to endanger or drunk driving, there will be criminal charges filed in addition to any civil personal injury lawsuit. These criminal cases, or the lack thereof, do not control a subsequent civil case, but they may have an effect on the outcome.
Recent Tension Between Boston Bike Advocates and Prosecutors
According to a recent news article from the Boston Globe, a group of bike safety advocates in Boston are blaming the driver of a truck for his alleged involvement in a fatal bike crash, but prosecutors are declining to file criminal charges. This fatal Boston bike crash occurred in 2015. Prosecutors and police have said they believe the Boston bike rider who died in this accident was at-fault, and thus no criminal charges are warranted. Continue reading
Boston may soon be the site of a Bike Share War, and there could be serious repercussions for the pace of Boston’s cycling infrastructure growth.
The City of Boston founded the Boston Bikes program in the fall of 2007, with Hubway launching in the summer of 2008 with 600 bicycles and 60 stations citywide. The number of bikes and stations have expanded since then, with the city now reporting by the end of 2018, there will 245 stations and more than 2,400 bicycles. Boston bike injury attorneys at BikeAttorney.com recognize this has been a huge investment for the city and taxpayers, and it provides incentive for city leaders to continue investing in complete streets that incorporate more bike-friendly features, giving riders more ease and confidence.
However, there are a number of businesses now vying to capitalize on Boston’s growing bicycle enthusiasm. As The Boston Globe reported in October, several firms offering on-the-spot bicycle rentals in Greater Boston have begun trying to work their way into the market. One of the unique advantages these companies have over Hubway is they don’t need fixed docking stations. Instead, renters can park and lock the rental bicycle virtually anywhere.
This so-called “dockless technology” has become wildly popular in China, and it’s rapidly spreading to cities like Boston. The problem, as noted by Boston Bike Attorney Andrew Fischer, is that it may ultimately hinder Hubway’s growth model – which may be bad for cyclists in the long-term. Continue reading
Watching the agonizing frame-by-frame the moments before, during and after the 2015 deadly bicycle crash that killed Dr. Anita Kurmann as she cycled along Massachusetts Avenue is gut-wrenching. What’s especially horrendous, though, is that the driver of the tractor-trailer that brazenly mowed her down has not been criminally charged, despite obvious violation of the law. Boston police instead shockingly concluded Kurmann herself was to blame for failure to recognize the truck was preparing to turn.
Any good bike injury lawyer knows this conclusion is wrong. It ignores the fact that the truck driver had a legal obligation to stay alert to his surroundings – including the presence of vulnerable road users – and turn safely.
Lead bike attorney Andrew Fischer of BikeAttorney.com was part of a team of dedicated advocates that recently drafted an in-depth analysis of the Kurmann case, submitted to the district attorney’s office with an urgent request for further review. This report scrutinized point-by-point, second-by-second how this crash unfolded, establishing the trucker’s overt failure to adhere to MGL Chapter 90 Section 14, which barred him overtaking a bicyclist to make a right turn, “unless the turn can be made at a safe distance from the bicyclist at a speed that is reasonable and proper.”
The driver’s conduct went beyond simply a breach of duty to use reasonable care (the standard for negligence). It was criminal. As the analysis clearly showed, the trucker’s violation of the law regarding right turns when bicyclists are on the right lays ample foundation for a charge of negligent homicide. The evidence further supports a probable cause finding for charges of involuntary manslaughter, pursuant to MGL c. 265 s. 13, operating to endanger, and reckless driving – all based on his glaring violation of MGL Chapter 90 Section 14. Continue reading