Bike accidents in Boston and other areas of Massachusetts are unfortunately a very common occurrence. In 2007, Mayor Menino even issued the Boston Bikes Regulation to protect bikers on the streets of Boston. Since then, bike ridership has nearly doubled and the city has added over 92 miles of bike lanes.
Riding a bike is an effective option for cheap and fuel-efficient intra-city travel. However, it isn’t always the safest option. Bike accidents can be severely damaging because their frames are much smaller and light-weight than all other vehicles. If injuries result from bicycle collision in Massachusetts, you have the option to file a claim against the driver that hit you. Consulting with a skilled Boston bicycle accident lawyer will increase your case’s chance of success.
Consulting a bike accident attorney in Boston for help in filing a lawsuit is wise. Seasoned attorneys are familiar with local law and can advise you with years’ worth of experience. Outside of the valuable consult, an attorney will allocate their resources and expert references to your case. With a lawyer comes civilian witness investigations, expert witness assessments, evidence documentation, and additional services that apply to your unique case. This investigation is thorough, ensuring your claim’s submission with meticulous details and zero errors.
With a free consultation, you can gain more perspective on your probability of success in the case. With a working business relationship with a lawyer, you can effectively build the best case you possibly can. The Boston personal injury attorneys at Sweeney Merrigan Law want to make Boston a safer place for everyone, and we will fight to get you the compensation you need to get your life on back on track.
If you have been injured in a bike accident, contact us today for a free evaluation and more information.
Because Boston is in a no-fault state, all registered drivers must have both basic insurance and personal injury protection (PIP). The state expects residents to utilize their existing medical benefits to their cap. Boston law categorizes bicyclists as a type of pedestrian, changing the guidelines a little. The driver’s insurance company remains liable for the biker’s medical bills until reaching a $2,000 cap. After this cap, the biker must utilize their own insurance.
Massachusetts is a no-fault state that practices comparative negligence. Comparative negligence assigns a fault rating to both parties involved in a collision, rather than placing full fault on one party. However, that doesn’t remove 100% fault ratings from the equation altogether. If a bicyclist is obeying all bike and traffic laws and a car hits them, it is unlikely that they will receive much comparative fault.
Bicyclists can claim numerous damages, the most prominent damage being medical expenses.
Medical expenses include examination, surgery, treatment, and any recurring medical costs, like medication. Awarding medical benefits also reimburse injury-related equipment.
Individuals can also claim lost wages during the time spent recovering. If the injury chronically impacts their ability to work, you can receive compensation to account for this diminished paycheck. Lost wages compensation is 75% of your original, pre-tax paycheck. This portion of the money is automatically yours to keep. The remaining 25% of wages are on the table for negotiation with the driver’s insurer.
Emotional damage includes damages like pain and suffering, and emotional distress. A bicyclist can also claim damage for embarrassment and humiliation. In cases of wrongful death, this extends to grief and loss of consortium.
You can file a personal injury claim after involvement in a vehicle collision if your case meets the medical bill and/or physical injury minimums. That is, either $2,000 in accrued medical bills, or the biker sustaining moderate bodily damage.
You must also possess a fault rating of less then 50% to file a claim. Anything under 50 is fair game, but higher ratings might require professional back up. This is one positive contribution that a Boston bicycle accident lawyer can make to your case. By combing through all evidence, an attorney increases your chances of receiving a fair rating.
With a vibrant bike riding culture, Boston is home to a number of great organizations dedicated to bikers and biking safety. If you would like to learn more about biking in the city or would simply like to get more involved in the cycling community, please visit these organizations below.