Bicyclists are at an increased risk of suffering catastrophic injuries when struck by vehicles. Without any surrounding protection, they are far more likely to suffer life-threatening and fatal injuries. If you have been seriously injured in a bicycle accident in Massachusetts, you may have the right to financial compensation.
You can explore your legal options further when you work with a Massachusetts bicycle accident lawyer at GED Lawyers. Our Massachusetts personal injury lawyer can handle your case from start to finish.
Grounds For Bicycle Accident Claims in Massachusetts
Many bicycle accident victims hesitate to move forward with their cases because they are unsure whether they have grounds for a claim. After all, you do not want to be accused of attempting to obtain compensation through a frivolous lawsuit. However, there are a couple of ways you can tell who might have grounds for a claim.
Your lawyer will need to be able to show that someone else’s responsible for causing your injuries. This could be due to negligence or wrongful misconduct. However, you may not always know whether another party is at fault. When this happens, if there is even a slight possibility that someone else could be responsible for causing your bicycle accident, it is worth your time to contact a lawyer who may be able to open up an investigation into the cause of your injuries.
Your life must have also been significantly affected by the accident or your resulting injuries for you to have the right to move forward with a claim. People who suffer minor injuries and are able to go about their lives as normal may not have the opportunity to move forward with their case. If you are unsure whether your case warrants legal action, be sure to contact a Massachusetts bicycle accident attorney for guidance and support.
MA Bicycle Accident Injuries to Sue For
As you now know, it is not the type of injury you suffer that determines whether you have the right to compensation through a bicycle accident claim in Massachusetts.
However, that does not mean that there are not some types of injuries we see more frequently in the civil court system than others. Some of these bicycle accident injuries include:
- Broken and fractured bones
- Head, neck, and back injuries
- Soft tissue injuries and whiplash
- Concussions, traumatic brain injuries (TBIs), and contusions
- Post-traumatic stress disorder (PTSD) and depression
- Third-degree burns and skin scarring
- Loss of limbs
- Paralysis, spinal cord injuries, and quadriplegia
If you suffered another type of injury that was not included in the list above, you might still have grounds for a claim. The best way to find out how to hold the liable party accountable is to contact a bicycle accident attorney in Massachusetts for help.
Common Causes of Bicycle Accidents in Massachusetts
Bicycle accidents most frequently occur when a bicyclist is struck by a motor vehicle. These accidents are most frequently caused by negligent driving. Some of these common types of negligent driving seen in Massachusetts include:
- Speeding
- Tailgating
- Aggressive driving
- Reckless driving
- Impaired driving
- Distracted driving
- Drunk driving
- Driving while fatigued
However, bicycle accidents have also been known to occur when there are dangerous road conditions or motor vehicle parts or bicycle parts malfunction or are defective. Since there are so many ways in which these accidents can occur, your attorney will need to carefully evaluate evidence to establish liability.
When multiple liable parties are involved, a bicycle accident case can get complicated. Liable parties may go back and forth, denying liability for the accident. When this happens, our Massachusetts bicycle accident team can investigate to hold each of them accountable for your losses.
Culpability for Massachusetts Bicycle Accidents
Proving fault in your bicycle accident claim will be essential if you hope to get the most out of your case. Generally, the type of bicycle accident you were involved in will give your attorney a better understanding of who could be responsible for causing your injuries.
With that being said, if your accident was caused by negligent driving, chances are, the driver who hit you will be found liable for your injuries. However, it is also important to know that if your accident was caused by a drunk driver, dram shops could be held accountable for their liability in your injuries.
Dram shops can be held accountable when they serve someone under the influence and subsequently cause a motor vehicle accident, such as a bicycle accident.
If your accident was caused by defective roads or malfunctioning auto parts, a variety of agencies and individuals could share fault for your injuries. Some of these parties could include:
- Government agencies
- Government officials
- Maintenance technicians
- Safety inspectors
- Auto dealerships and executives
- Auto parts manufacturers and distributors
- Auto parts designers and suppliers
- Other third parties
How Are Bicycle Accident Claims in Massachusetts Paid Out?
There are several ways in which you could recover compensation for your bicycle accident injuries. Generally, you may have the opportunity to file a claim with the insurance company or bring your case to court. Here is more about how to recover compensation for your MA bicycle accident claim:
Insurance Settlements
Bicycle accident victims often have the opportunity to file a claim with the defendant’s insurance company. No matter who is responsible for causing your injuries, in most cases, the defendant will be protected by some type of insurance policy.
The insurance company will be required to compensate you based on the limits of the policyholder‘s policy and the type of coverage they purchased. For this reason, you should not expect to recover compensation for anything more than certain types of economic damages.
The insurance company might cover a portion of your medical bills and property damages, but it is unlikely that they will cover any other expenses. Furthermore, there will be a limit on the amount of compensation you will be awarded based on how much coverage the policyholder purchased.
Trial Verdicts
At trial, you have the right to be compensated for every single loss you suffer as a result of your bicycle accident injuries. For every loss the insurance company does not cover, you can seek compensation through a bicycle accident lawsuit. If the liable party does not have insurance, bringing them to civil court may be the best way to recover compensation for your damages.
It is imperative that you act as soon as possible, however, because of the statute of limitations. That means there is a time limit of three years to pursue legal action per Mass. Gen. Laws ch. 260 § 2A. After that, it will be harder to seek compensation.
Work With a Bicycle Accident Lawyer in Massachusetts
Bicycle accident injuries can have an enormous impact on your life. Lessen that impact by recovering the compensation and benefits that are rightfully yours. Get help from a Massachusetts bicycle accident lawyer at GED Lawyers today.
Our firm is proud to offer no-cost, risk-free consultations to bicycle accident victims across the state of Massachusetts. Take advantage of this opportunity by calling our office for a free consultation or filling out our convenient contact form.
