Articles Posted in Boston bicycle accident

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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.bicycle attorney

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

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Electric assist bikes have become increasingly popular, as many riders use them for the intended purpose of helping novice riders and commuters push their way up hills or gain some speed on their way to work. Some even see them as a democratizing force on city streets. And of course, the more people on bikes in the city, the more visibility we gain and the safer all cyclists are.bike injury lawyer

However, there has been some recent controversy in Boston over the fact that some people are essentially using them as motorcycles in bicycle lanes or even on paths strictly designated for bicyclists and pedestrians.

“Electric assist bikes are still bikes, but they are capable of traveling 20-miles-per-hour,” said Boston bike attorney Andrew Fischer. “When they are in bike lanes, they become a big hazard because they are proceeding as a motorized vehicle in a lane where motorized vehicles are not allowed.” 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

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Boston and the surrounding areas, including the City of Cambridge just across the Charles River, have come a long way in terms of promoting bike safety. Still, there is much work to be done as we look ahead to 2018.

As detailed recently by CBS Boston Local, a hand-painted bike lane on the Congress Street Bridge really brings this point home.

bikelane accident lawyer BostonAn unknown activist or group of activists created a bike lane complete with while lane divider line and bike lane logo using a can of white spray paint. As one might expect, this was makeshift bike lane was quickly photographed and tweeted as well as being posted on bike rider advocacy websites. There were a lot of jokes about the lines not being straight, but also thousands of comments about how the city needs to put in an official bike lane to prevent the many preventable bike rider injuries and fatalities that occur when such precautions are not taken.  Continue reading

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There are many ways a Boston bike crash involving a car can occur.  One of the more common ways involves cyclists in the extreme right lane, alongside a line of cars, with a car making a right turn. The problem is, many motorists don’t look for or see the cyclist and the result is a collision.

The National Law Review recently published an article about right turn bicycle accident lawsuits (we prefer to the term “crash,” though we know many people still commonly call them “accidents”).

Bike Commuting is Increasing 

bicycle accident lawyerThis type of bike crash is getting more common in Boston and cities across the nation as more and more people are using bikes as a primary mode of transportation including traveling to and from work.  According to the League of American Bicyclists, there is no question that biking as a means of commuting is getting more popular as time goes by.  This organization compiles various study results and keeps detailed statistics of how many people use bike riding as a primary means of commuting.  One way to measure the data is in terms of how many bicycles trips (not recreational use) are taken each year.  In 2001, there were 1.7 billion trips and by 2009, there were 4 billion trips.  This number is only continuing to increase as more time passes. Continue reading

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These days bike riding has become a popular form of transportation for adults as well as from of exercise.  There was a time when bike riding was mostly a kid’s activity. That has changed and most regular cyclists are over the age of 30. Still, it has remained a fun activity for children as well.  While a lot of the accidents we see in Boston involve commuters who are hit by cars on their way to work, we still see many cases involving young bike riders who are hit by cars.

bicycle accident BostonAccording to a recent news article from the Boston Herald, a young child and his father were struck by a car as the father was walking aside his son who was riding his bike.  Authorities have said the Boston bike crash resulted in serious personal injury to both the child and his father.  Witnesses have said  the car was a black sedan and had the word “Seniors” painted on the windows indicating that the car was being driven by high school senior. Continue reading

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If you are involved in a bike accident that was not your fault in Boston, you should never decline medical attention. In far too many cases, cyclists decline offers of medical assistance from first responders.

bike attorneyWhen a Boston bike crash victim does accept the offer to be checked out by EMTs or paramedics or to go to the hospital, there may be a variety of reasons. One possibility is the individual does not realize the full extent of their injuries immediately following the accident. They may be in a state in a shock or they may be in too much pain from seemingly superficial injuries like cuts and scrapes from the pavement to realize that is the least of their problems. In other cases, they may too embarrassed to admit they need help.  Continue reading

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Boston bike accidents often result in serious personal injury or death.  Riding a bike can be a great way to reduce one’s carbon footprint and thus help the environment, get some much-needed physical activity in our sedentary lives, and have a good time on the commute to work.  While there are many goods things about ridding a bicycle, they do not offer that much in the way protection in the event of a crash, so responsible bike riders are often at the mercy of other drivers to act reasonably so as to protect bike riders from foreseeable harms caused by negligent driving.

Boston Bike Rider Rights and Responsibilities

bike injury lawyerAs established in Section 11B of Chapter 85, of the Massachusetts General Laws (M.G.L.), bike riders are afforded may rights and given many responsibilities. The rights in Section 11B of Chapter 85 of the M.G.L are as follows: 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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