Bicycles are everywhere. No matter the season, there are folks who want to exercise and enjoy travelling on their bicycles. Unfortunately, bicycle accidents are the subject of many personal injury cases for this office.
Bicycle accidents often result in serious injuries: wrongful death and broken bones are among the injuries we have seen.
Bicycle Law In Massachusetts
Bicycles on the public roads are subject to the same laws as motor vehicles. Nevertheless, they are relatively tiny and not always seen or understood by drivers of much larger motor vehicles.
Practice Bicycle Safety
Wear a helmet to prevent severe traumatic brain injury. Wear light colored clothing to be easier seen. Use reflective clothing and lights in the dark, and at dawn and dusk. Learn and use hand signals. Most importantly, perhaps, is to bike defensively; do not assume that motor vehicle drivers will know or obey the law. Do not assume that they see you, even when they should.
Bicycle Injury Cases in Massachusetts Courts
If you or a loved one is injured as a result of a bicycle accident, you will need aggressive counsel as the motor vehicle insurance companies will immediately “investigate” and make every attempt to cut off coverage. They will interview their insured driver, interview witnesses, make every attempt to interview the bicycle rider and use any and all “evidence” in or out of context, to limit their exposure.
Most bicycle accident cases can avoid court, especially when it is clear that the insured motor vehicle driver caused the accident. With a properly presented case, the insurance company will see that there is a likely loss and they will take it seriously.
An aggressive personal injury attorney will first secure any and all liability information. This includes presenting the victim’s case carefully using all of the evidence we have. Further, it includes securing all of the medical records and bills and doctor’s reports regarding future medicals and permanent injuries. If you have missed work, your attorney will secure the documents necessary to prove your lost earning capacity. Such cases are resolved by a “settlement” in which there is no lawsuit and you will not have to testify.
In the event the insurance company is just not being fair, or there are vast differences in how the accident happened, a lawsuit will be filed and your injury attorney will aggressively prosecute the case in the county where the accident took place. Bike accidents in Middleton or Essex County are filed in Salem and heard in Salem, Newburyport or Lawrence Superior Court. There will be standard “discovery” which your attorney and the insurance defense trial attorney will conduct – interrogatories, or written questions, document requests and a deposition. Your attorney should prepare you extensively for your deposition. Your attorney will also take the deposition of the defendant driver and any witnesses.
Go with experience if you are injured.
Hire an Experienced Bike Accident Attorney
Attorney Tim Houten has been practicing law since 1982 and has handled hundreds of cases in court, including bike accidents. Get the aggressive counsel of an experienced personal injury attorney in Essex County. Call Timothy P. Houten for a free consultation. There is no fee until you win.