Bike commuting and even recreational bike riding has increased in popularity so much in recent years that it is not uncommon for people to be out on the roads on the coldest and windiest days in Greater Boston. While some will look at these dedicated riders who are trying to get to work or training for their next triathlon as somewhat overly-ambitious, to these riders, it is worth hitting the streets anyway. The problem is there are many Boston bike crashes that occur in the winter due to the negligence of people driving in the snow in a manner that is not safe given the current conditions. This is negligent conduct and can be the basis for filing a Boston bike crash lawsuit.
Standard of Care in Winter Whether is Still That of a Reasonable and Prudent Person
Whenever anyone gets behind the wheel of a car in Boston or anywhere else in Massachusetts, they owe a duty of due care towards anyone who might be foreseeably injured by not driving with the requisite amount of care. This is known as the reasonable and prudent person standard and can be found in the proposed jury instructions for the Commonwealth of Massachusetts, which is designed to explain the negligence standard to jurors in civil cases throughout the state. Continue reading