Bicyclists are often overlooked by other motorists on Boston’s streets and roads, resulting in devastating accident injuries. Boston bicycle accident lawyer Michael O. Smith provides legal representation to cyclists who have been injured by other motorists. Mr. Smith handles a broad range of personal injury cases. His experience includes representing clients in both jury and non-jury trials. He is committed to providing clients with aggressive advocacy to help them get results. Contact our office today if you were hurt in a bike accident.Bicycle Accident Fatalities and Injuries
Bicycle accidents that involve other vehicles can leave a bicyclist with traumatic injuries. National Highway Traffic Safety Administration data shows that 726 bicyclists and other cyclists were killed, and another 49,000 were hurt, in traffic collisions in 2012. In Massachusetts, one third of bicycle deaths occurred in Suffolk County. Many bicyclists die from their injuries. Those who survive a collision with a car or other vehicle are often left with incapacitating injuries. Fractures, traumatic head injuries, and other damage can lead to surgeries and years of rehabilitative care.Liability for Bicycle Accident Injuries
Bicyclists have every right to ride their bicycles on public roads, streets, and bikeways. Like motorists, they must adhere to traffic laws and regulations. In many cases, however, a car or other driver will ignore or simply fail to see a bicyclist.
A bike accident victim can hold a car or other motorist accountable if the motorist caused the victim’s injuries. By filing a personal injury suit in Massachusetts, you may hold the driver liable under a theory of negligence. To establish negligence, a plaintiff must show that:
- The defendant owed the plaintiff a duty of care;
- The defendant breached the duty of care (by speeding through a stop sign, for example);
- The plaintiff’s injuries were caused by the defendant’s breach; and
- The plaintiff suffered actual damages.
Some bicycle accidents are caused by a defect in the bicycle itself. Product manufacturers can be held responsible for defective or dangerous products. To hold a product manufacturer liable, there must be a flaw in the product’s design or manufacture, or there must be insufficient warnings of the dangers associated with its use.Comparative Negligence
A defendant may blame the bicyclist for the accident, but Massachusetts does not prevent a plaintiff from recovery if he or she partly contributed to his or her own injuries. You may be able to recover damages, but your recovery will be diminished in proportion to your degree of fault. Massachusetts follows a comparative negligence standard that provides that as long as your proportion of fault does not exceed the defendant’s, you may potentially recover damages for your injuries.Recovering Damages and Compensation
Bicycle accident victims are prone to debilitating injuries, and many victims die as a result of their accidents. If you were injured while riding a bicycle, you may be able to seek compensation from those responsible for your injuries. Recoverable damages include medical and hospital expenses, lost income, pain and suffering, and damage to your property. A wrongful death claim allows you to recover damages if your relative died in a bike accident. You may obtain compensation for his or her pain and suffering, medical and burial bills, and your loss of consortium.Committed to Your Case
Boston bike accident attorney Michael O. Smith provides experienced, knowledgeable legal representation to bicycle accident victims. Mr. Smith has handled a broad range of personal injury matters over the past 15 years. He can analyze your case and address your possible legal options. Mr. Smith serves clients throughout the Boston area. Call our office at 617-263-0060 or fill out our online form to arrange a consultation at no cost.