Massachusetts Bicycle Accident Lawyer

Bike accidents are less common than car accidents, but the laws applicable to each are generally the same. You can read the car accidents page for a discussion about how insurance companies have the upper hand when an injured person does not have counsel.

One of the challenges in bike accident cases is that there is often a bias against bicyclists. Many motorists do not understand the law and treat bicyclists as obstacles rather than people entitled to share the roadways. One of the things our personal injury attorney focuses on in bike accident cases is educating juries about bicyclists’ rights and helping them imagine how it might feel to be in such a vulnerable position around a careless motorist. Convincing an insurance company how the jury will see the case at trial is the best path to settlement. Check out the video and give us a call.

Why Bicycle Accident Injuries Are Often Serious

If you ride a bicycle on the road often, you probably recognize your vulnerability. The truth is that motor vehicle drivers often fail to pay enough attention to notice the much smaller bicycle rider. Even if you’re riding in a bicycle lane, distracted drivers will often drift over into the cycling lane.

The average weight of cars ranges from 2,600 pounds for smaller vehicles to 6,600 pounds for personal trucks, and commercial vehicles are often much heavier. What this means is that even at lower speeds, an impact with a bicycle and another vehicle can be devastating. Furthermore, the bicycle frame offers no protection to the rider. Although bicycle accidents are not as common as car accidents, they almost always produce injured cyclists. 

Types of Damages in a Bicycle vs. Car Accident

There are three types of damages that injured cyclists can seek under Massachusetts law. 

Economic Damages

Economic damages include medical bills, lost wages, physical therapy, prescriptions, medical equipment, etc. Even damage to your bicycle is compensable under Massachusetts law.

Non-Economic Damages 

Being compensated for your financial loss is not the same as making you whole from an accident. Your bicycle accident injuries may have caused you physical and emotional pain, and you may never fully recover. Non-economic damages seek to compensate you for intangible costs. An experienced bicycle accident attorney will incorporate these types of damages into your personal injury claim. 

Punitive Damages 

bicycle accident with a car

Sometimes the court will award additional damages to punish the defendant for particularly egregious behavior. If you were struck by a drunk or reckless driver, or if the collision was an intentional act, you may also qualify for punitive damages under Massachusetts law. 

Frequently Asked Questions About Bicycle Accidents 

If you have questions about your accident, contact our bicycle accident attorney for a free consultation. Here are some of the most commonly asked questions with answers from John P. DiBartolo, Jr. 

How soon after my bicycle crash should I call a lawyer?

The sooner you involve a bicycle accident attorney in your case, the better. After you seek immediate medical attention for your bicycle accident injuries, your next call should be to the Law Offices of John P. DiBartolo, Jr. He will review your claim and act as a liaison between you and the insurance adjuster. 

How much does a bicycle accident lawyer cost?

Bicycle accident lawyers like attorney DiBartolo, work on a contingency basis. That means that you do not have to pay out of pocket for his professional legal services. His fee is contingent on winning your personal injury case, either via settlement or through litigation. 

What happens if I’m partly responsible for the bicycle crash?

Even if you were partially at fault for the accident, you could still collect compensation from the other party or their insurer. Under Massachusetts law, you are entitled to the percentage of your damages for which you are not at fault. In other words, if you’re 20% responsible for the crash, you can receive 80% of the damages.

Who is at fault when a cyclist gets doored?

Drivers and passengers have a duty to check before opening their doors and getting out when in the public space. Consequently, if you have been “doored.” you should be entitled to damages. 

Bicycle Accident Personal Injury Law in Western Massachusetts

If you’ve been injured by a motorist while you were riding your bike, you may be looking at a long and difficult recovery. Let attorney John P. DiBartolo, Jr. evaluate your personal injury case and help get you on the road to recovery. At the Law Offices of John P. DiBartolo, Jr., you never have to pay out of pocket for top-tier representation. All consultations are free. Call today for effective and immediate representation.

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