Frequently Asked Questions About Bike Accidents

When you are injured in a bike accident, it is easy to feel unsure about your next steps. That is why working with a knowledgeable attorney is crucial. From gathering evidence to dealing with insurance companies, a skilled lawyer can help protect your rights and ensure you receive fair compensation.

At Zisson & Jacobs LLP, we understand how difficult these moments can be. As trusted Boston bicycle accident lawyers, we help injured cyclists throughout the Boston metro area. Our Massachusetts attorneys are dedicated to personalized attention, practical guidance and aggressive representation when it matters most.

What should I do immediately after a bicycle accident?

Following a bicycle accident, it is important to act quickly. Do the following:

• Seek medical attention even if you feel fine – some injuries are not obvious right away.
• Call the police and file an official report.
• Gather information from the scene, including photos and witness contacts.
• Avoid speaking to insurance adjusters without a lawyer present.
• Contact a bicycle accident attorney as soon as possible.

These steps can strengthen your claim and help protect your rights moving forward.

What damages can I recover in a bicycle accident claim?

A successful bicycle accident claim may include compensation for the following:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Property damage
• Emotional distress

Each case is unique, and our lawyers will work closely with you to pursue the full amount you are entitled to.

How long do I have to file a bicycle accident claim in Massachusetts?

Massachusetts law gives victims three years from the accident date to file a claim. However, some exceptions may apply, so it is best to consult with an attorney promptly.

What if the driver who hit me did not have insurance?

Even if the at-fault driver lacks insurance, you may still be able to recover damages through your uninsured motorist coverage. Our lawyers can help you explore all available options.

What if I was partially at fault for the accident? Can I still seek compensation?

Yes. Massachusetts follows a modified comparative negligence system that is sometimes called the “51% Bar Rule,” meaning that you can seek compensation for your injuries and losses even if you are 50% at fault for an accident. However, the amount of compensation you can recover may be reduced by your percentage of fault. In other words, if you are 30% at fault for a bicycle accident, you can recover the remaining 70% of your damages. 

However, you lose the right to compensation if you are 51% or more responsible for your own losses. This makes it critical not to say anything that could be used to imply responsibility for the accident when there is none.

Can I file an injury claim if I was not wearing a helmet when I was injured?

Cyclists 17 years of age or older are not required by Massachusetts’ laws to wear a helmet – but the fact that you did not have a helmet on can be used to suggest that you are at least partially responsible for your own injuries, particularly if you suffer head injuries. 

How is liability determined when a roadway defect causes the accident?

Potholes, uneven pavement, missing signs and inadequate lighting are some of the most common dangers to cyclists on poorly maintained roads. When a roadway defect causes injuries to a cyclist, it is crucial to establish liability when seeking damages. In many cases, the state government is responsible for maintaining roads and could be held liable for poor road conditions that have led to harm – but there are additional time limits and rules that apply when seeking damages from a government entity. You should speak to an attorney immediately.

Why is it important to hire an attorney who has a lot of experience with bicycle crash cases?

Attorneys who focus on bicycle accidents have specific knowledge about the applicable state and local laws for cyclists. Their experience helps them investigate the accident and gather important evidence, accurately determine liability, understand the long-term consequences of the cyclist’s injuries, build a solid foundation for a case and negotiate effectively with insurance companies for fair compensation.

Do Not Let A Bike Accident Define Your Future

If you have been injured in a bicycle accident in the Boston metro area, do not wait. Zisson & Jacobs LLP is here to offer reliable representation to help you move forward with confidence.

Call 617-444-9626 for a free consultation or schedule a consultation online and speak with an experienced bicycle accident attorney.|