Articles Posted in bicycle safety

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According to a recent news article from 25 News Boston, police in Newton are investigating an incident in which a bike rider suffered a blowout caused by dozens of thumbtacks that appear to have been maliciously placed in a bike lane.  Authorities are saying this was not the first time this had occurred as there have been a series of similar incidents in recent months.

Boston bike crash lawyer A spokesperson for the Newton Police Department has said they are not sure whether someone is on foot when placing the tacks or they are dropping them out of a car window. Police are relying on potential witnesses and other members from the community to provide them with any information that could help identify the person or persons responsible for this concerning series of attacks on bike riders in the Greater Boston area. Continue reading

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Dooring Accidents in Boston

A dooring accident (not really an accident in the legal sense) occurs when a person inside a vehicle opens his or her door into the path of oncoming traffic. This can include oncoming motorists, bicycle riders and even pedestrians, though pedestrians are not usually traveling fast enough on foot to suffer significant personal injury.

bicycle accident lawyerIn Boston, and other parts of the Commonwealth of Massachusetts, dooring is not only negligent, but it is also something for which a person can be issued a civil infraction in the amount of not more than $100 pursuant to Section 14 of Chapter 90 of the Massachusetts General Laws (M.G.L.).  In this section, the law clearly states no person shall open the door of a motor vehicle unless it is reasonably safe to do so without interfering with oncoming traffic, and the statute goes on to say this include bicyclists and pedestrians. This is the specific statute, which prohibits dooring a bike rider, and it was included as part of the legislatures efforts to improve bike safety in our area. Continue reading

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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.bicycle accident lawyer
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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.bicycle attorney

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

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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.

bike crash lawyerTo 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

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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

truck accidentsAccording 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

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Boston bike crash victims of hit-and-run accidents face unique challenges in recovering damages.  While these cases are known as hit-and-run crashes, they are legally referred to as leaving the scene of a motor vehicle accident involving personal injury.  The issue is who will pay damages suffered by the plaintiff in the event he or she is injured by a hit-and-run driver who is not identified.

bicycle injury lawyerWhen you are riding on a bike on the streets of Boston, no matter how careful you may be, there is always a chance of being involved in a crash.  One of the main reasons for this is because there are too many drivers on the road who regularly act negligently with respect to bike riders and this can lead to serious personal injury. If the driver stays on the scene of the accident and does the responsible thing, even if they were negligent in causing the accident, this will allow for plaintiff to file a claim with the at-fault driver’s insurance company, if the at-fault driver flees, things can get more complex. Continue reading

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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

Boston Bike Crash AttorneyWhenever 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

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Cars are designed to protect the occupants from serious or fatal injuries. This does not mean that there are not Boston car accidents involving serious or deadly injuries, but many car accidents do not result in significant injuries to the occupants. A bicycle on the other hand has no real protection from the impact in the event of the crash.  Bike riders should wear helmets, even though adults are not legally required to do so in Massachusetts. But even with a helmet, there is still a real chance of the rider suffering severe personal injury in the event of a bike crash.  This lack of protection should not be held against the rider in the event of crash that his not the rider’s fault. The law thus offers no such protection to defendants in a Boston bike crash lawsuit.

Boston bike attorneyAccording to a recent news article from the Monadnock Ledger-Transcript, a 10-year-old boy from New England, who is a world-renowned golf prodigy, was seriously injured in what initially appeared to be a minor bike crash.  The boy was riding his bike when appeared to simply fall off.  When he fell, he landed on the handlebars with his stomach.  Despite hitting the handle bars, it appeared that this was not a serious accident and would only result in a bruise. Continue reading

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Many bike accidents in which a bicyclist is seriously injured or killed occur in areas in which there is not adequate bike safety infrastructure and drivers have not been given sufficient education on the topic of bike safety as more and more bike commuters are on the roads of Boston and other major cities across the nation than ever before.

bicycle accident lawyerThis is not to say the driver who causes an accident is not at-fault, and thus the proper defendant in a Boston bike crash lawsuit, but having better bike safety infrastructure should still be pursued since anything that reduces the number of bike riders injured each year should certainly be pursued. Continue reading