Boston Bicycle Accidents: What to Do After a Bicycle Accident

Boston Bicycle Accidents: What to Do After a Bicycle Accident

Bicycle accidents are an unfortunate reality in Boston. With the increasing number of cyclists sharing the road with vehicles, understanding your rights and knowing what to do after an accident is crucial. According to the Boston Police Department, approximately 90% of reported bicycle accidents involve motor vehicles, highlighting the need for cyclists to be prepared and informed. If you’re a cyclist in Boston, here’s what you need to know to protect yourself and your rights in the event of an accident.

Immediate Steps to Take Following a Bicycle Accident

Your actions immediately following a bicycle accident can significantly impact your health and any potential legal claims. Here’s a step-by-step guide:

  1. Ensure Your Safety: Move yourself and your bicycle to a safe location, away from traffic. If you are seriously injured, call for help and wait for emergency services to arrive.
  2. Seek Medical Attention: Even if you don’t feel seriously injured, it’s crucial to seek medical attention as soon as possible. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. A medical examination can identify these hidden injuries and ensure you receive prompt treatment.
  3. Call the Police: Report the accident to the police, especially if there are injuries or significant property damage. A police report can serve as an important piece of evidence when filing a claim.
  4. Gather Information: If you are able, collect the following information at the scene:
    • Driver’s contact and insurance information
    • License plate number of the vehicle
    • Contact information of any witnesses
    • Photos of the accident scene, including vehicle damage, bicycle damage, and any visible injuries
  5. Document Everything: Keep detailed records of all medical treatments, expenses, and lost wages resulting from the accident. This documentation will be essential when pursuing a claim for compensation.

Understanding Massachusetts Bicycle Laws

In Massachusetts, bicycles are considered vehicles and cyclists have the same rights and responsibilities as motor vehicle operators. Familiarizing yourself with these laws can help you stay safe and protect your rights:

  • Right to Use Public Ways: Cyclists can ride on any public road, street, or bikeway in Massachusetts, except limited access or express state highways where signs specifically prohibit bikes.
  • Biking with Traffic: You need to bike in the same direction as traffic unless a sign or marking indicates otherwise. This is true when biking in a traffic lane or in a bike lane.
  • Signaling: You are required to signal your stops and turns, but you can do so with either hand. If you need both your hands to operate your bike safely, you do not need to signal.
  • Stop: You must stop at all stop signs and red lights.
  • Sidewalks: You may bike on sidewalks (unless in the business districts) at a walking speed, but you must give pedestrians the right of way.
  • Required Equipment: Massachusetts law requires cyclists to equip their bikes with working brakes and a bell or horn. From 1/2 hour after sunset until 1/2 hour before sunrise, you must use a white headlight and red taillight. At night, you must wear ankle reflectors if there are no reflectors on your pedals. If you are 16 years old or younger, you must wear a helmet that meets U.S. Consumer Product Safety Commission requirements on any bike, anywhere, at all times.

Common Causes of Bicycle Accidents in Boston

Understanding the common causes of bicycle accidents can help you anticipate and avoid potential hazards:

  • Driver Negligence: Many bicycle accidents in Boston are caused by negligent driver behavior, including:
    • Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may fail to see cyclists.
    • Failure to Yield: Drivers may fail to yield the right-of-way to cyclists at intersections or when making turns.
    • Unsafe Lane Changes: Drivers may overlook or fail to yield to bike riders.
    • Dooring: Opening a car door into the path of an oncoming cyclist is a common cause of accidents in urban areas.
    • Speeding: High speeds limit drivers’ reaction time, increasing the risk of serious injuries.
  • Cyclist Error: Cyclist error, such as running a red light or failing to stop for a stop sign, can also contribute to accidents.
  • Road Hazards: Potholes, debris, and other road hazards can cause cyclists to lose control and crash.

Common Injuries in Bicycle Accidents

Bicycle accidents can result in a wide range of injuries, from minor scrapes and bruises to severe and life-threatening conditions. Some of the most common injuries include:

  • Head Injuries: Head injuries, including concussions and traumatic brain injuries (TBI), are among the most serious outcomes of bicycle accidents. Head injuries are responsible for more than 60% of fatalities in bicycle accidents.
  • Fractures: Bone fractures are common in bicycle accidents, with cyclists’ exposed limbs and torsos vulnerable to impact injuries. Specific bones most often broken in bicycle accidents are: Collarbones, Hands, wrists, and fingers, Hips and pelvises.
  • Spinal Cord Injuries: Spinal cord injuries can result in partial or complete paralysis, impacting the quality of life.
  • Skin and Soft Tissue Damage: Abrasions, lacerations, and road rash are common in bicycle accidents due to the lack of protection.

Compensation for Bicycle Accident Injuries in Massachusetts

If you’ve been injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for your losses. In Massachusetts, you can pursue compensation through:

  • Personal Injury Protection (PIP): Massachusetts is a no-fault insurance state, meaning that your own auto insurance policy may provide coverage for your medical expenses and lost wages, regardless of who was at fault for the accident. PIP benefits can provide up to $8,000 in coverage.
  • Personal Injury Lawsuit: If your injuries are serious and your damages exceed the limits of your PIP coverage, you may be able to file a personal injury lawsuit against the at-fault party. In a personal injury lawsuit, you can seek compensation for:
    • Medical expenses
    • Lost wages
    • Property damage
    • Pain and suffering
    • Emotional distress

The Importance of Consulting a Boston Bicycle Accident Lawyer

Navigating the legal process after a bicycle accident can be complex and overwhelming. An experienced Boston bicycle accident lawyer can help you protect your rights and pursue the compensation you deserve. A lawyer can:

  • Investigate the accident: Gather evidence, interview witnesses, and reconstruct the accident scene to determine liability.
  • Negotiate with insurance companies: Handle communications with insurance companies and negotiate a fair settlement on your behalf.
  • File a lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
  • Maximize your compensation: Ensure that you receive the full compensation you are entitled to for your injuries and losses.

Conclusion

Bicycle accidents can have devastating consequences, but knowing what to do after an accident can help protect your rights and ensure you receive the care and compensation you deserve. By following the steps outlined in this guide and consulting with an experienced Boston bicycle accident lawyer, you can navigate the legal process with confidence and focus on your recovery.