We have been representing victims on bicycles and pedestrians who have been struck by cars and trucks in Boston, and throughout Massachusetts, since 1985. Each case is different, however, we have drafted this column for general reference for our clients.
Massachusetts has a law which guides lawyers and courts as to the legal responsibility of bicycle riders:
Massachusetts Section 11B. Every person operating a bicycle upon a way, as defined in section one of chapter ninety, shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the special regulations contained in this section, except that: (1) the bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, (2) the bicycle operator shall signal by either hand his intention to stop or turn, and (3) bicycles may be ridden on sidewalks outside business districts when necessary in the interest of safety, unless otherwise directed by local ordinance. A person operating a bicycle on the sidewalk shall yield the right of way to pedestrians and give an audible signal before overtaking and passing any pedestrian.
General rules of the road and negligence law factor in when representing victims of bicycle accidents; although there are many nuances to representing such clients. For example, bike riders must wear helmets.
Pedestrians are also protected by law:
Massachusetts Section 11. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.
No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.
Regardless of how one becomes injured, often times an attorney is needed to seek redress for the damages. This can be to be compensated for medical expenses, lost earnings, scarring and disfigurement.
We have significant experience in working with victims of bicycle and pedestrian accidents. We have represented minors, adults and families who suffered injuries from such accidents.
Contact our office with questions about whether you have a case.
