Top Bicycle Accident Lawyer
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Top Bicycle Accident Lawyer
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Were you injured in a bicycle accident that was not your fault? Were you struck by a motor vehicle or a fellow cyclist? A bicycle accident lawyer can help you get the compensation you need. They handle the legal aspects so you can focus on your recovery.
Key Takeaways
- Our bicycle accident lawyers provide essential legal support, helping victims navigate complex legal processes and secure fair compensation. There are no upfront costs because we offer free consultations, and you pay nothing unless we win compensation on your behalf.
- Our lawyers know the laws that protect bicycle accident victims after bicycle crashes.
- Our bicycle accident injury lawyers conduct thorough investigations, gather evidence, and negotiate with insurance companies on behalf of bike accident injury clients, ensuring that you are in the best possible position to receive far compensation for your injuries.
Why You Need a Bicycle Accident Lawyer
Dealing with personal injury claims after a bicycle accident can be daunting. Specialized in bike law, bicycle accident lawyers play an essential role in safeguarding the interests of those who have sustained injuries while cycling. These attorneys go beyond mere expertise. They fervently pursue justice on your behalf to ensure you receive proper compensation. Their guidance allows you to focus solely on recuperating as they handle your bike accident claim.
Engaging an accident lawyer typically comes with no up-front cost to you, since our law firm provides complimentary initial consultations. During this preliminary discussion, you’ll get a chance to tell us what happened and what your injuries are, learn what your legal rights are, and understand the steps you need to take to be compensated for your injuries.
Our bike accident lawyers will assist you in obtaining fair compensation by guiding you through complex judicial processes including any bicycle accident lawsuit that must be filed in a timely fashion. We not only stand up for cyclists’ rights, but we also strive to enhance overall road safety by ensuring that individuals or entities who injury bicyclists are held accountable.
How Bicycle Accident Lawyers Can Help You
Attorneys specializing in bicycle accidents start by listening to you as you describe what happened and how your injuries have affected you. Most bicycle accident claims then start by collecting all available evidence and initiate discussions with insurance companies. If necessary, as personal injury lawyers we also prepare for litigation. Our specialized knowledge guarantees you receive support customized to your unique circumstances. Engaging an experienced bicycle crash attorney can notably improve the odds of securing a positive result.
Investigating Your Bicycle Accident
An early and thorough investigation by an accident attorney is critical to the success of a bicycle accident case against the negligent driver. Bike crash attorneys with experience know that they must quickly seek out relevant evidence, including police reports which may reveal the existence of surveillance cameras that might have recorded the scene of the incident. We often hire licensed private investigators to interview witnesses, inspect and photograph the scene of the incident and determine whether there are traffic camera recordings which may show who is at fault. When we find critical evidence for your bicycle related injury claim, we must send spoliation letters out as soon as possible to make sure that evidence is secured.
Our attorneys seek to combine physical evidence such as photographs and video recordings with testimony from witnesses to prove that the bike accident was caused by the carelessness of others. Our detailed investigations ensure that our clients have the best possible chance of obtaining a positive result for their bicycle accident cases.
Handling Insurance Companies
Most people know that if you are injured as a result of a collision with a car or truck, your injuries are likely covered by the driver’s insurance company. Many people in the bicycle community may not know that if you are injured as a result of a collision with another bicyclist, you may be able to recover from the other bicyclist’s homeowner’s insurance. Dealing with these insurance companies can be incredibly daunting in the aftermath of a bicycle accident. Insurance companies are notorious for employing tactics aimed at reducing their payout, extending offers that fail fairly compensate you for your personal injuries. We are experienced in personal injury law and will handle all communications with these insurers for you, establishing early on that you have knowledgeable representation and preventing the insurers from taking advantage of your situation by pressing you the bicycle rider into agreeing to an insufficient settlement.
Our attorneys possess the expertise needed to hold negligent drivers accountable and negotiate settlements that take into account all aspects of damage incurred — this includes not only medical bills, but also lost wages and potential future costs associated with the accident. They work tirelessly to ensure the best possible compensation of the financial impact and emotional toll of your injuries.
Should negotiations fall short in securing a just settlement, our bicycle accident attorneys are fully prepared to file suit and take your case to trial if necessary. The vast majority of cases settle without a trial, but it is nearly impossible to get an appropriate settlement from an insurance company unless the insurer knows that your attorney has the skill and experience to take a case to trial and win. This is especially true if you have suffered serious or catastrophic injuries where you are entitled to substantial future medical expenses.
Preparing for Trial
If negotiations fail to yield a fair settlement, we start by filing suit in the appropriate court. Our attorneys have experience in courts throughout Massachusetts, Rhode Island and throughout New England.
The next step is the discovery process, which involves collecting and exchanging all evidence which relates to your case. You will be asked to answer written questions called interrogatories, and provide the other side with all relevant documents such as medical records and bills. You will likely asked to give a deposition, where you will have to meet with the attorney for the other side and answer questions about the incident, your injuries, and the harms and losses you have suffered. Throughout this process, your attorney will be by your side to make sure that the process is fair and is conducted in accordance with all laws and court rules.
Although trials can be a long and expensive process with uncertain results, having an experienced lawyer by your side guarantees you have a staunch advocate working tirelessly to uphold your rights and secure fair compensation.
Common Causes of Bicycle Accidents
Collisions between bicycles and motor vehicles often result in catastrophic injuries, including severe injuries or death. Car accidents can result from vehicles cutting across a biker’s path while turning, clipping them during passing maneuvers, or driver distraction or intoxication. Notably, intersections are particularly dangerous for cyclists with 32% of lethal bicycle accidents occurring at these crossroads.
Dooring incidents also pose a significant risk for cyclists – this happens when the door of a parked car is opened without checking for incoming bikers. In Boston alone, such events constitute 22% of all recorded bicycle mishaps. Massachusetts passed a law that makes dooring illegal, but it still happens.
By being aware of these dangers, riders can adopt safety strategies to protect themselves.
Typical Injuries in Bicycle Accidents
Bike accidents can result in a diverse array of injuries from the incident, with some being particularly grave. Over 60% of bike crash fatalities are due to head traumas, including concussions – these represent one of the most frequent and perilous consequences. Broken bones are also common. Broken clavicles occur frequently because riders instinctively reach out their arms to cushion their falls.
Injuries affecting the face like fractured noses and jaws are also not uncommon after a bicycle accident. Less severe yet painful soft tissue wounds such as sprains, lacerations and contusions frequently afflict cyclists following an accident.
It is critical for injured cyclists to seek immediate medical care and consult legal experts in the case of serious injuries.
Massachusetts Bicycle Laws and Your Rights
In Massachusetts, there are designated regulations in place to safeguard bicyclists and maintain their safety while navigating roadways. These provisions accord cyclists equal rights and duties as those piloting motor vehicles, underscoring the critical nature of adhering to traffic laws and utilizing bike lanes when they’re accessible.
It is essential for both cyclists and motorists to comprehend these rules thoroughly so that safety can be jointly upheld on the roads. Below we delve into some of these specific statutes in greater depth.
Helmet Laws
In Massachusetts, it’s a legal requirement for cyclists who are 16 years old or younger to wear helmets. This safety regulation is designed to lower the incidence of head injuries, which stand out as some of the most serious consequences of bicycle accidents.
Adherence to this law greatly improves road safety for young bicyclists, helping them better protect themselves while cycling.
Dooring Laws
Accidents known as dooring, in which a cyclist is struck by an opening vehicle door, present a considerable risk on the roadways. In Massachusetts, both drivers and passengers are legally obliged to make sure that when they open their vehicle doors, it does not endanger cyclists or other individuals using the road. Anyone violating this law can be fined $100. In addition, a violation of this law is important evidence to show that the person opening the door was negligent.
These laws play an essential role in promoting bicycle safety awareness and avoiding preventable mishaps. When motorists understand and comply with these rules, they contribute to reducing the occurrence of dooring events and boosts overall traffic safety.
Steps to Take After a Bicycle Accident
Following a bicycle accident, immediate medical evaluation is imperative, even when injuries appear insignificant. Documenting your condition and treatment is indispensable for pursuing a legal recovery.
Securing all evidence pertinent to the mishap is key. Photograph everything—from the scene itself to any damages on your bike as well as visible physical harm you’ve sustained. It’s essential that you get the name, address and insurance information for anyone who caused or contributed to the crash. These should be noted in the official police report. Do not engage in any settlement discussions at the scene—instead hold off until law enforcement officials have prepared a full report regarding what happened.
A thorough compilation of facts surrounding the incident will greatly bolster one’s claim—including corroborating accounts from observers—and thus should not be neglected under any circumstances during such events. Ensuring you remain present until authorities finalize their report at the scene will serve as pivotal proof if legal action ensues later on.
Types of Compensation Available in Bicycle Accident Claims
Victims of bicycle accidents can seek a broad array of compensatory damages reflecting the extent of their losses. Compensation for medical bills is typically included, encompassing immediate and ongoing treatments like surgeries required due to the injuries incurred in the accident. Claims may include compensation for lost earnings currently and any potential future income that could be affected because of the incident.
Compensation can also be extended to cover pain and suffering endured by victims from physical harm and the mental and emotional trauma caused by the accident. You are also entitled to be reimbursed for the cost of repairing or replacing a damaged bike and any other personal belongings harmed during the crash.
In situations where a fatality occurs due to wrongful death arising from such an accident, survivors are eligible to pursue costs associated with funerary services and loss of companionship along with monetary support which would have been contributed by the deceased person had they lived. Recognizing these various forms of compensation helps ensure complete compensation for all the harms and losses caused by cycling accidents.
Filing a Bicycle Accident Claim
Initiating a claim for a bicycle accident requires prompt action. There are strict timelines. In the state of Massachusetts, you have three years from the date of the incident to file a personal injury lawsuit relating to a bike accident. If this window is missed, it is likely that will lose your chance at obtaining compensation. Prompt consultation with an adept accident lawyer who specializes in bicycle accidents is vital in observing these legal timeframes and considering whether to pursue litigation.
Our attorneys generally will send a detailed demand letter to the insurance company which sets forth the specifics about the incident itself, the injuries, treatment, and damages, and will often demand a specific dollar amount of compensation. Should negotiations stall and the insurer does not make an acceptable settlement offer, your attorney will then escalate the matter into court by filing a formal lawsuit on your behalf.
The key to recovery is establishing proof of the negligence of others involved as well as presenting determining comprehensive evidence regarding the injuries incurred. This is why you need experienced legal counsel when seeking justice for personal injuries caused by such accidents, in order to secure fair compensation for the damages incurred.
The Role of Comparative Fault in Bicycle Accident Cases
In some bike accidents, the bicyclist is partially at fault. In those situations, the legal principle of comparative fault comes into play. This rule allows for a cyclist to receive damages even if they are partly responsible for the accident. The jury will assign a percentage of fault to both the defendant and the plaintiff. The plaintiff can still recover as long as he or she is 50% or less at fault. The jury award will then be reduced by the percentage of attributed to the plaintiff.
Experienced bike accident lawyers can assess the risk that a jury will consider the cyclist partially at fault. Making an appropriate assessment of this risk is critical to evaluating settlement offers, and preparing a case for trial.
Free Consultation with a Bicycle Accident Lawyer
Our attorneys will provide you with an initial consultation at no charge to examine your situation and the strength of any possible claim. This allows you to get some clarity on your options and whether to proceed with making a claim. A lawyer with experience is instrumental in shedding light on the intricate details of the legal process, so you fully understand what will be involved if you do decide to pursue a claim.
Summary
Dealing with the effects of a bicycle accident can be daunting. Enlisting the assistance of an experienced lawyer who specializes in bicycle accidents can profoundly influence the outcome. Our attorneys are proficient at managing every aspect of your claim from start to finish — from the initial no-cost evaluation all the way to trial if it gets to that point. You need an attorney who knows what Massachusetts law says about cyclists’ rights.
Prompt action following a mishap, awareness regarding possible compensation types, and knowledge about how claims are handled constitute essential elements toward securing a favorable judgement or settlement. With an experienced bicycle accident lawyer guiding you through these intricate procedures, you can be confident that your attorney will give you the best chance for obtaining justice and compensation.
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Frequently Asked Questions
Immediately after being injured in a bike accident, it is crucial to call the police, seek medical treatment, collect contact information from drivers and witnesses, and take pictures of the accident scene and your injuries.
These steps will help ensure your safety and support any potential claims or investigations.
In a Massachusetts bike accident lawsuit, you can recover both economic damages, such as medical bills and lost wages, and non-economic damages, including pain and suffering and emotional distress.
This ensures comprehensive compensation for your losses.
The statute of limitations for filing a bicycle accident claim in Massachusetts is three years. It is essential to file your claim within this timeframe to ensure your rights are protected.
Comparative fault allows a cyclist to recover damages in a bicycle accident claim even if they are partially at fault; however, the compensation will be decreased in accordance with their level of responsibility.
Bicycle accidents in Boston commonly occur due to motor vehicles turning into cyclists’ paths, sideswiping incidents, car doors opening unexpectedly, as well as contributing factors such as distracted or intoxicated drivers and poor road conditions.
It is crucial for cyclists and motorists to remain vigilant to prevent such accidents.
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