Many people think that there are few risks to bicycling, but when motorists fail to pay adequate attention and to abide by certain traffic laws, the resulting accident can be devastating. Each year, hundreds of bicyclists are killed and tens of thousands injured by careless drivers. Children on bicycles are particularly at risk of being injured, as are people commuting to and from work. At the Law Offices of Barry Feinstein and Affiliates, our Boston bicycle accident lawyer knows how painful and disruptive a bicycle accident can be, even if you fully recover from your injuries. We can work diligently to ensure that your rights and legal interests are protected at all phases of the matter, from investigation to negotiations with insurance companies to litigation.Bring a Bicycle Accident Lawsuit Against a Careless Driver
Under Massachusetts law, a victim of a bicycle accident can take action against the person who was responsible for causing the crash. If the plaintiff succeeds in establishing certain facts and elements, the defendant will be required to compensate the plaintiff for his or her injuries, or to essentially make the plaintiff "whole" again in a legal sense. The first step in recovering compensation is to show that the defendant owed you a duty but failed to operate his or her vehicle according to this duty. In general, each motorist has a duty to drive with the same reasonable care and skill that a prudent motorist would use when facing a similar situation. This includes obeying all traffic laws, remaining vigilant, and keeping an eye out for bicyclists. It also includes yielding the right-of-way and respecting bicycle lanes.
If a motorist fails to drive according to this duty and strikes a bicyclist, he or she has likely operated the vehicle in a negligent manner. One way in which a bicycle accident attorney in Boston may investigate the cause of the defendant's negligent conduct is by reviewing a copy of the police report regarding the accident. However, there are often additional inquiries that need to be made to determine causation. This element is critical because you must show that the defendant's lack of due care was the direct cause of your injuries and that the injuries that you sustained were a foreseeable outcome of the defendant's actions behind the wheel.
There are many categories of damages that a victim can seek in a bicycle accident. Some of the most common burdens that victims face are past and future medical expenses, as well as lost income. In situations in which the injuries are catastrophic and leave the victim with a lifelong disability, the plaintiff can also seek compensation for his or her reduced quality of life, diminished earning capacity, and pain and suffering. His or her spouse may also have a claim for loss of consortium. It is often difficult to predict the expenses that you will sustain in the future, which is why many cases benefit from a consultation with an expert life care planner who can help you ensure that you seek the maximum amount of compensation that you deserve. If an accident proves fatal, the victim's family members can bring a wrongful death claim to pursue compensation for their loss and its emotional and financial impact.Retain a Tenacious Boston Bicycle Accident Attorney
If you suffered injuries as a result of a bicycle accident, it is essential that you speak to an experienced personal injury lawyer as soon as possible. While you are coping with your injuries and the stress that the accident has caused in your life, we can handle all of the aspects of your legal claim while ensuring that you receive the maximum amount of compensation to which you are entitled. We have assisted victims and their families in bicycle accident, pedestrian accident, and other motor vehicle collision cases in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. You should not wait to learn more about your legal rights, since time may be running out on your claim. To schedule your free and confidential consultation with a bicycle accident lawyer in the Boston area, call us at 800.262.9200 or contact us online.