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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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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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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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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

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The demand for more protected bike lanes in Boston has become insatiable. This was underscored – quite literally – across the Congress Street bridge, connecting the neighborhood of Fort Point to the Financial District. The Boston Globe reports an anonymous bicycle activist painted a shaky white line between the barrier-protected pedestrian walkway and the rush of traffic. Periodically inside those lines was a roughly-drawn bicycle, indicating the clear intent was to carve out a safe space for cyclists. bike safety lawyer

Reactions within the cycling community have been largely positive, with some commenting the “artist” behind the guerrilla-style streetscape was heroic and “brilliant.” Tweets from all over the world were shared, many noting this is a major bicycle route through the city – and one where bicycle safety needs to be a top priority.

City officials were quoted as saying that while they appreciate the sentiment, bicycle lanes must go through a full proper review of the engineering process. But there had been a review, as there had been a bicycle lane on the bridge before, that had worn off over time. Then City workers power-washed off the spray-painted line along the northbound lane.

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There is a lot of advocacy being done these days to promote bike ridership and also bike safety in places like the Greater Boston area. A lot of that work deals with the construction of bike lanes and making drivers more aware and educated about bike safety issues. While there has a been a lot of good that has come out of these efforts, there has also been more awareness brought to an entirely different issue.  According to a recent news article from Fast Company, less than a quarter of bike trips (including bike commutes) involve female riders.

Boston bike crashWhile this may seem obvious if you think of all the riders you see around Boston on a weekly basis, it is not an issue that is given much attention. There are various reasons for so few female bike riders suggested and realizing why this situation exists is the first step in getting more women out on the roads on bikes and bringing more equality to the growing community. 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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