Understanding Bicycle Accident Liability in Boston
Bicycling is a popular way to get around Boston, whether for commuting, exercise, or recreation. With its dense traffic and narrow streets, however, the city can be a dangerous place for cyclists. Accidents involving bicycles and motor vehicles are unfortunately common, and understanding who is liable in these situations is crucial if you’ve been injured. At Crowe & Harris, LLP, we help accident victims understand their legal rights and pursue the compensation they deserve.
How Liability is Determined in Bicycle Accidents
Bicycle accident liability in Boston typically hinges on the concept of negligence. In legal terms, negligence occurs when someone fails to act with the level of care that a reasonable person would in a similar situation. When a driver or cyclist behaves carelessly and causes harm, they may be held liable for resulting injuries and damages.
To prove negligence, the injured party must show that the other party had a duty of care, breached that duty, and caused harm as a direct result of that breach. For example, a driver who runs a red light and hits a cyclist has likely breached their duty of care, making them potentially liable for the cyclist’s injuries.
Shared responsibility and Massachusetts law
Massachusetts follows a modified comparative negligence rule. This means that more than one party can be found partially at fault for an accident, and liability is shared based on each party’s percentage of fault. However, if the injured person is found to be more than 50 percent at fault, they cannot recover damages.
For example, if a cyclist is hit by a car while riding the wrong way down a one-way street, the driver might be mostly at fault, but the cyclist may still bear some responsibility. In that case, any compensation awarded could be reduced by the cyclist’s percentage of fault.
Common Causes of Bicycle Accidents in Boston
Understanding the causes of bike accidents can help establish liability. Common causes include:
- Drivers failing to yield at intersections
- “Dooring” incidents, where a parked driver opens their door into a cyclist’s path
- Unsafe lane changes
- Distracted or impaired driving
- Cyclists disregarding traffic signals or riding on sidewalks
Each accident is unique, and a thorough investigation is needed to determine who was at fault and to what extent.
What to do After a Bicycle Accident
If you’re involved in a bicycle accident, your health and safety come first. Seek medical attention right away, even if your injuries seem minor. Then, try to document the scene—take photos, collect contact information from witnesses, and file a police report. These steps can be valuable when building a claim.
It’s also important to consult an experienced personal injury attorney. Navigating the insurance and legal process alone can be overwhelming, especially when you’re recovering from injuries. An attorney can help protect your rights and pursue the compensation you’re entitled to.
Get Help from Crowe & Harris, LLP
At Crowe & Harris, LLP, we understand how devastating a bicycle accident can be. We’re committed to helping injured cyclists understand their rights and navigate the legal process.
If you’ve been hurt in a Boston bicycle accident, contact us by calling (617) 404-3417 today to schedule a free consultation.