Massachusetts Bicycle Accident Lawyers at Kiley Law Group

• Minor scrapes
• Bruises  
• Broken bones 
• Brain injuries 
• Spine trauma
• Head injuries
• Dental injury

With the rising cost of gasoline, many people are choosing bicycles as their main means of transportation to work, to school, or for running errands. The more bikes on the road, the greater chance there is of a cyclist being involved in an accident. 

While motorists should take extra care when driving near a bicyclist, many fail to do so. Without the protection of a steel frame, when a vehicle collides with a bike, it is usually the cyclist who is more severely harmed. 

Common causes of bicycle accidents include:

• Distracted drivers, pedestrians, and cyclists: Whether you are driving a car, walking, or riding a bike, you should be focused on where you are going and stay alert to what is happening around you. People who are distracted by their phones, music, own thoughts, or other activities are the cause of many motor vehicle accidents. 

• Following too closely: It is recommended that bicycles and vehicles maintain a space of at least 3 feet apart. This gives drivers time to brake or swerve when bicyclists veer in front of them. When passing a cyclist, a motorist should wait until it is safe to move over into the adjacent lane. 

• Low visibility: Bicycles are much smaller than a car and more difficult to see. Drivers may hit a cyclist if they fail to check their blind spots or look before crossing an intersection. Additionally, many injuries are caused by “dooring” accidents, where someone opens a door into a bicyclist’s path. 

• Speeding: Driving over the speed limit or overdriving weather conditions is a common cause of all types of motor vehicle accidents. When motorists speed, they have less control of their vehicles and have reduced time to brake if a bicyclist is in their oncoming pathway. 
• Weather: We are no strangers to inclement weather in Massachusetts, and weather conditions can change quickly. Heavy rain, ice, fog, and other weather conditions are common contributing factors among bike accidents.
  
• Alcohol and drugs: It is dangerous for both motorists and bicyclists to be on the road under the influence of drugs or alcohol. Being under the influence can impair a driver or rider’s judgment, coordination, reasoning ability, depth perception, vision, and more.

If you were hit by a vehicle while riding your bicycle, the moments following the collision can be overwhelming and stressful. Your first priority should be assessing yourself for injuries and getting the medical attention that you need. 

The actions you take following the incident can make a difference in your financial recovery. It is in your best interests to take the proper steps after an accident to make sure that your rights are protected. 

If possible, take the following steps:

• Contact the police and wait for them to arrive
• Add your version of events to the accident report
• Obtain the driver and any witnesses’ contact information
• Write down what happened
• Document any injury you have suffered
• Preserve evidence
• Seek legal advice from a personal injury lawyer

Under Massachusetts state law, anyone who contributed to your bike accident can be held liable for damages. A personal injury lawyer can help you identify all parties who may have caused your accident and file a claim against them. In situations where various factors contributed to your crash, you can potentially seek compensation from multiple parties. 

Liable parties may include:

• Drivers of cars, trucks, buses, and motorcycles
• Pedestrians
• Other bicyclists
• Employers of negligent parties
• Transit companies
• Manufacturers of defective vehicle or bike parts
• Rideshare companies
• Government entities

After being injured in a bicycle accident, your main focus should be your health. It may take weeks or months to get back on your feet. You don’t want to jeopardize your recovery by taking on the stress of navigating a complicated legal claim on your own. 

Dealing with a personal injury claim can be challenging. Even if it seems clear that the other party was at fault for the accident, the insurance company may not want to give you the money you deserve. You can level the playing field by having an experienced bicycle accident lawyer defending your rights. 

The following are some of the steps Kiley Law Group takes on behalf of our clients. 

Collecting evidence

Collecting and preserving evidence can be key to protecting your right to compensation. Evidence can be lost or destroyed over time, so it is essential to gather all you can as soon as possible after the collision. 

When collecting evidence, our legal team may:

• Visit the scene of the accident
• Speak to eyewitnesses
• Request a copy of the police report
• Take photos of the scene
• Locate dash cam or video surveillance footage that recorded the incident
• Review medical records
• Preserve GPS data
• Consult with accident reconstructionists and other experts

Defend your rights

When you hire a personal injury lawyer to handle your claim, you will have the peace of mind that comes from knowing you are not going to be taken advantage of financially by the other party or the insurance company. 

It is important to have an attorney on your side after a bicycle accident because:

• The insurance company will likely deny your claim outright or try to offer you a low settlement
• The other parties involved may try to place the blame on you for the accident
• More than one person may be financially liable for your injuries and losses
• Personal injury lawyers are usually skilled negotiators and will know what your claim is worth

Obtain fair compensation for your damages

A bicycle accident lawyer will know how to accurately calculate your damages. These may involve intangible losses such as pain and suffering. Your lawyer will then file a claim against all responsible parties and begin negotiating a fair settlement on your behalf. 

At Kiley Law Group, we are not afraid to go up against powerful insurance companies and will not back down until our clients receive the compensation they deserve. 

Damages awarded in bike accident cases include compensation for:

• Medical expenses
• Loss of income
• Property damage
• Temporary/permanent disability
• Disfigurement and scarring
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

The majority of bicycle accident cases are settled through negotiations through the insurance companies of the parties involved. However, if a fair settlement amount cannot be reached, the lawyers at Kiley Law Group are prepared to take your case to court. We will do everything needed to obtain just compensation for you and your family.

One of the first questions our clients normally ask is “How much is my personal injury claim worth?” Each accident case is unique and there are a number of different factors that can impact the value of each claim. 

The following factors may affect how much your bicycle accident claim is worth:

• The severity of your injuries: Claims involving traumatic brain injuries, spinal cord damage, loss of a limb, and other more severe injuries typically lead to a higher monetary recovery. 

• The evidence of fault: If the evidence clearly shows who is at fault and that the insurance company is legally responsible for the payout of losses, insurers are more likely to settle for a higher amount. 

• Whether the case settles or goes to trial: In order to avoid the expense of litigating in court, the insurance company may settle for a higher amount.
  
• The publicity surrounding the accident: In some situations where there is negative publicity surrounding the accident, insurance companies may be willing to settle the case quickly for a higher amount.

Most bicycle accident cases are based on negligence. This means that, to receive financial compensation, you need to prove that someone else’s carelessness caused your injuries. 

Massachusetts and New Hampshire are both comparative negligence states. In Massachusetts, plaintiffs can only recover compensation if their share of the blame is less than 51 percent. Additionally, a plaintiff’s damages are reduced by his or her share of the fault. For instance, if you were awarded $10,000 for your case but found 20 percent liable, you would only net damages of $8,000.

Insurance companies commonly use the following reasons to blame bicyclists for an accident:

• You were distracted by looking at your phone
• You had headphones on and did not hear them approaching or honking
• Your bike did not have the proper lights or reflectors
• You were not wearing a helmet or other safety gear
• You should have seen the car and taken action to avoid the collision

When you have our law firm on your side, we will take steps to refute these claims and minimize any blame the other party is throwing at you.

Even a minor bicycle accident can leave you with conditions that have immediate and long-lasting effects on your life. Bicycle accident injuries may leave victims unable to work and with medical bills piling up. The cost of medical care is expensive even if a rider has health insurance. 

The experienced and compassionate personal injury lawyers at Kiley Law Group will fight to get you compensation for all of your bike accident injuries, including the following:

• Minor scrapes
• Bruises  
• Broken bones 
• Eye injury
• Lost limb
• Concussion
• Paralysis
• Brain injuries 
• Spine trauma
• Head injuries
• Dental injury

Some bicycle accidents and injuries are not a result of driver negligence but are caused by poor road conditions. In these situations, you may be able to file a claim or lawsuit against the government entity that was responsible for maintaining the road.  

The following are some road conditions that could result in a bike crash. 

Potholes

Potholes can occur due to a couple of reasons:

• Inferior temporary road fixes that sink or crack shortly after they are done.
• Wear and tear due to long-lasting traffic on the road causes breaks on the surface

Sewer grates

Sewer grates can present a serious danger to cyclists. If sewer grate bars go in the same direction as traffic, bike tires can easily become stuck between them.

Manhole covers

Manhole covers can become significantly lower than the grade of the road, causing cyclists to quickly deviate away and sometimes wind up too close to traffic.

Railroad tracks

Seldom-used or even abandoned railroad tracks often present hidden dangers to cyclists. They are hazardous when the tracks run on the roadway specifically in the direction of traffic and even all the more so when tracks cross the road at a curve. A bicycle wheel can easily be caught in the space between the rail and the road, causing the cyclist to crash or be thrown in the direction of a motor vehicle.