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Injured While Cycling in Quincy? Our Bicycle Accident Attorneys Can Help
A Quincy bicycle accident lawyer can help injured bicyclists pursue compensation after a collision involving negligent driving, unsafe passing, an opening car door, or a dangerous roadway condition.
Bicycle riders have little protection when struck by a car or truck. A bike accident can cause broken bones, traumatic brain injuries, lost wages, and permanent disabilities.
Massachusetts allows cyclists to use most public roads and requires drivers to leave at least four feet of clearance when passing. A driver who violates a traffic rule and causes a crash may be held responsible for the resulting injuries.
Insurance companies may dispute how the collision occurred, whether the cyclist contributed to it, or which injuries resulted from the crash.
At Marasco & Nesselbush, our Quincy bicycle accident lawyers investigate collisions, identify available insurance coverage, and pursue compensation for injuries and financial losses supported by the evidence.
If you or a loved one was injured while cycling in Quincy, contact Marasco & Nesselbush for a free consultation about your legal options.
Marasco & Nesselbush: Representing Injured Clients Since 1999
Marasco & Nesselbush has represented injured people and families since 1999. Our law firm has recovered more than $500 million for clients across its practice areas.
Our attorneys have more than 350 years of combined legal experience. Thomas L. Moran is admitted to practice in Massachusetts and handles serious personal injury claims involving disputed liability and extensive medical treatment.
Our Quincy office at 234 Copeland Street, Suite 210, serves clients throughout Norfolk County and the South Shore. Consultations and client assistance are available in English and Spanish.
We handle qualifying bicycle accident claims on a contingency fee basis, with no upfront attorney fees. Our written representation agreement explains how legal fees and case expenses are handled, including if there is no recovery.
Why Quincy Bicycle Accident Victims Choose Marasco & Nesselbush
Drivers and cyclists may give conflicting accounts of a turn, passing distance, traffic signal, or the cyclist’s position on the road. We examine physical evidence and witness accounts rather than relying solely on an insurer’s assessment of fault.
Our experience and resources include:
- Serious roadway injury claims: We represent clients with traumatic brain injuries, spinal injuries, permanent impairments, and other harm requiring extensive medical documentation.
- Collision investigations: Our attorneys review vehicle and bicycle damage, traffic controls, witness statements, road conditions, and available video. Accident reconstruction specialists may assist when needed.
- Insurance negotiations and litigation: We evaluate liability disputes, policy coverage, treatment expenses, lost earnings, and future care needs before assessing a settlement offer or pursuing litigation.
- Massachusetts legal representation: We address bicycle safety laws, comparative negligence, no-fault insurance benefits, and special notice requirements when an accident involves a public roadway defect.
Our Attorneys Have Obtained Significant Roadway Injury Recoveries
Our published case results include substantial recoveries for people injured in motor vehicle collisions:
- $6.2 million settlement: Our firm and New York co-counsel recovered compensation for a passenger who sustained a catastrophic spinal cord injury in a rollover crash caused by a distracted driver.
- $1.025 million pretrial award: Our attorneys obtained a recovery for a pedestrian who sustained a traumatic brain injury after being struck by a vehicle.
Neither result involved a bicycle accident. Past results do not guarantee a similar outcome in another case.
Injured and not sure what your case is worth? Find out for free.
Common Causes of Bicycle Accidents in Quincy
Bicycle accidents happen at intersections, alongside parked vehicles, and near driveways where motorists may fail to check for approaching cyclists.
Common causes of bicycle accidents include:
- Right-turn collisions: A driver overtakes a cyclist and then turns across the rider’s path.
- Left-turn collisions: An oncoming driver turns without yielding to a bicycle traveling straight through an intersection.
- Dooring accidents: A driver or passenger opens a vehicle door into the path of an approaching bike.
- Unsafe passing: A motorist passes too closely, strikes a bicycle, or forces a rider toward a curb or parked vehicle.
- Failure to yield: A driver enters traffic from a parking lot or driveway without allowing an approaching cyclist to pass.
- Distracted or impaired driving: Inattention, phone use, or alcohol impairment interferes with a driver’s ability to recognize and respond to cyclists.
- Road hazards: Potholes, loose debris, damaged pavement, or poorly marked construction work may cause a cyclist to lose control.
A motorist can cause a collision without physically striking a cyclist. The available evidence must connect the driver’s conduct to the crash and the injuries sustained.
Common Bicycle Accident Injuries
Cyclists may be injured by direct vehicle impact, a fall onto pavement, or contact with roadside objects. Head and internal injuries can require urgent care even when symptoms are not immediately obvious.
Common bicycle accident injuries include:
- Fractures: Broken wrists, collarbones, arms, hips, or other bones may require surgery and rehabilitation.
- Traumatic brain injuries: Concussions and more serious head trauma may affect memory, concentration, balance, and daily functioning.
- Spinal and neck injuries: Disc damage, nerve injuries, and spinal cord trauma may cause chronic pain or permanent disability.
- Road rash and disfigurement: Deep abrasions may become infected, leave permanent scars, or require skin grafts.
- Internal injuries: Blunt-force trauma can damage organs or cause internal bleeding.
- Psychological injuries: Anxiety, sleep problems, or trauma-related symptoms may require treatment after a serious collision.
Medical records, specialist evaluations, and work restrictions help document the injuries and their effects on employment and daily life.
Who May Be Responsible for a Bicycle Accident?
Negligent drivers are a common source of bicycle accident liability, but other people or entities may share legal responsibility when their conduct contributed to the collision.
Potentially liable parties include:
- Motor vehicle drivers: Unsafe turns, close passing, speeding, distraction, or failure to yield may support a negligence claim.
- Vehicle passengers: A passenger may be responsible for opening a door into a cyclist’s path without checking for approaching traffic.
- Commercial vehicle employers: An employer may be liable for negligent driving committed within the scope of an employee’s work.
- Road contractors and public authorities: Unsafe construction work or certain roadway defects may support a claim, subject to different duties, notice requirements, and liability limits.
- Bicycle manufacturers and repair businesses: A defective component or negligent repair may support a separate claim if it caused the accident.
Bicycle damage, witness accounts, video recordings, and roadway records may help determine whose actions caused the collision.
Massachusetts Bicycle Laws That May Affect Your Claim
Massachusetts General Laws Chapter 85, Section 11B gives cyclists the right to use most public roads, except limited-access or express state highways posted to prohibit bicycles. Cyclists must follow applicable traffic rules, while drivers have specific duties to protect bicycle riders.
Important bicycle safety rules include:
- Four-foot passing clearance: Under Chapter 90, Section 14, motorists passing cyclists and other protected vulnerable road users must leave at least four feet of clearance and travel at a reasonable and proper speed.
- Safe turning: A driver who overtakes a cyclist cannot turn right across the rider’s path unless the turn can be made at a safe distance and speed. Drivers turning left must yield to approaching traffic, including bicycles, when required by law.
- Vehicle doors: Drivers and passengers may not open vehicle doors unless doing so is reasonably safe and does not interfere with other traffic.
- Bicycle positioning: Massachusetts does not generally require riders to stay next to the curb or inside a marked bike lane. A motorist cannot defend a collision solely by arguing that the bicycle was traveling to the right of other vehicles.
- Nighttime visibility: From 30 minutes after sunset until 30 minutes before sunrise, cyclists must use specified front and rear lights and reflective equipment. Riders must also keep at least one hand on the handlebars.
Violating a traffic rule may be evidence of negligence, but a claim must still connect the violation to the collision and resulting injuries.
Bicycle Helmet Requirements
Massachusetts requires bicycle riders and passengers age 16 or younger to wear qualifying helmets on public ways, bicycle paths, and other public rights-of-way, subject to an exception for certain protective trailers.
Section 11B prohibits using a violation of this helmet requirement as evidence of contributory negligence in a civil lawsuit. Adults are not subject to the same statewide bicycle helmet mandate.
Can You Ride a Bicycle on the Sidewalk in Quincy?
State law allows sidewalk cycling outside business districts when necessary for safety unless a local ordinance prohibits it.
Quincy Code Section 305-21 prohibits riding bicycles on city sidewalks except when crossing a sidewalk to enter or leave adjoining property.
Whether a sidewalk violation contributed to an accident depends on the location, the conduct of those involved, and the evidence. A violation does not automatically resolve fault.
Massachusetts Comparative Negligence
Under Chapter 231, Section 85, an injured cyclist can generally recover damages when their share of negligence is no greater than the combined negligence of the defendants against whom recovery is sought. The recovery is reduced by the cyclist’s percentage of fault.
For example, if a cyclist is found 20% responsible and the damages total $100,000 before that reduction, the recovery would generally be $80,000. A cyclist assigned more than 50% of the negligence compared under the statute generally cannot recover.
Arguments about bicycle positioning, lighting, or traffic signals must be evaluated against the actual circumstances. The party alleging the cyclist’s negligence bears the burden of proving it.
Filing Deadlines and Public-Road Defects
Chapter 260, Section 2A generally provides three years to file a negligence-based personal injury lawsuit, subject to applicable exceptions.
Different requirements apply to certain accidents caused by defects in public roads. Under Chapter 84, Section 18, qualifying public-way defect claims generally require written notice to the legally responsible party within 30 days, identifying the injured person and the time, location, and cause of the injury.
Chapter 84, Section 15 limits recovery against a city or town to $5,000 for claims governed by that provision. Claims involving state-maintained roads or negligent construction work may follow different rules.
The 30-day notice requirement and $5,000 limit do not apply automatically to an ordinary claim against a negligent driver merely because the crash occurred on a public street.
Insurance Coverage After a Quincy Bicycle Accident
Massachusetts uses a no-fault insurance system for personal injury protection (PIP) benefits. Under Chapter 90, Section 34A, a cyclist struck by an insured motor vehicle may qualify for PIP benefits as a pedestrian, even without owning a car.
PIP may pay qualifying expenses regardless of who caused the collision. It generally provides up to $8,000 in combined benefits for eligible medical treatment, lost earnings, and replacement household services, subject to statutory limits and coordination with health insurance.
The rules for payment of medical costs can change after the first $2,000, depending on the injured person’s health coverage. PIP is separate from a negligence claim for other recoverable damages.
Other potentially applicable coverage includes:
- Bodily injury liability insurance: An at-fault driver’s policy may cover legally recoverable injuries and losses.
- Commercial vehicle coverage: A collision with a delivery truck, bus, or other commercial vehicle may involve additional policies.
- Uninsured or underinsured motorist coverage: An applicable policy may provide benefits depending on the circumstances and policy language.
Physical contact is important for PIP eligibility. Massachusetts law generally requires a pedestrian claimant, including a cyclist, to have been struck by the insured vehicle. A negligent driver can still face a separate injury claim for causing a cyclist to swerve and fall without contact, even when PIP is unavailable.
Under Chapter 90, Section 34M, PIP claims should be presented as soon as practicable. The statute provides a period of at least two years to present the claim, separate from the deadline for filing a negligence lawsuit.
Compensation Available in a Bicycle Accident Claim
The value of a bicycle accident claim depends on the medical evidence, lost earnings, lasting limitations, available insurance, and disputed responsibility. No fixed settlement amount applies to a particular injury.
For an avid cyclist, permanent restrictions can affect commuting and recreation as well as employment.
Depending on the circumstances, recoverable damages may include:
- Medical expenses: Emergency care, surgery, medication, rehabilitation, and reasonably supported future treatment.
- Lost wages and earning capacity: Income lost during recovery and future earnings affected by lasting restrictions.
- Pain and suffering: Physical pain, emotional distress, permanent disability, scarring, and diminished enjoyment of daily activities, when recoverable.
- Property damage: Repair or replacement of the bicycle, helmet, clothing, or other belongings damaged in the crash.
- Wrongful death damages: When a bicycle accident results in a legally actionable death, the estate’s executor or administrator may pursue damages for eligible beneficiaries.
Under Chapter 231, Section 6D, negligence claims arising from a defendant’s use of a motor vehicle generally require more than $2,000 in reasonable and necessary medical expenses before pain and suffering damages are available, unless a statutory exception applies. Exceptions include fractures, death, loss of a body member, permanent and serious disfigurement, and specified losses of sight or hearing.
PIP benefits, health insurance payments, comparative negligence, and applicable reimbursement rights may affect the amount ultimately recovered.
Talk to a lawyer and get a free case evaluation today.
Steps to Take After a Bicycle Accident in Quincy
Seek prompt medical attention for a head impact, loss of consciousness, severe pain, or suspected internal injury. Do not delay necessary treatment to document the crash.
When it is safe to do so, take the following steps:
- Get medical care: Explain the collision and report all symptoms, including problems that develop after the initial examination.
- Report the crash: Under Chapter 85, Section 11B, a bicycle operator must report an accident involving personal injury or property damage exceeding $100 to the police department where it occurred.
- Identify the driver and witnesses: Collect names, contact details, license plate numbers, and insurance information when possible.
- Photograph the scene: Document vehicle and bicycle damage, traffic signs, lane markings, visibility, and any road defect.
- Preserve damaged equipment: Retain the bicycle, helmet, lights, and clothing in their post-crash condition.
- Keep treatment and financial records: Save medical bills, discharge instructions, missed-work records, repair estimates, and correspondence from insurers.
- Review insurance requests: Consider the purpose and scope of recorded statements, medical authorizations, and settlement releases before agreeing to them.
- Consult a Quincy bicycle accident lawyer: Our attorneys can review liability, available coverage, evidence preservation, and statutory deadlines.
An involved motor vehicle driver has a separate reporting obligation under Chapter 90, Section 26 when a crash causes injury, death, or more than $1,000 in property damage. Witness accounts, surveillance footage, and police records may help document a collision when a cyclist cannot gather evidence at the scene.
Contact Our Quincy Bicycle Accident Attorneys
A serious bicycle accident may leave an injured cyclist facing ongoing treatment, missed work, and disagreements with an insurance company about fault or compensation.
Marasco & Nesselbush investigates collisions, examines medical and financial losses, and handles insurance negotiations and litigation when supported by the facts. Our Quincy office serves cyclists throughout Norfolk County and the South Shore.
Contact Marasco & Nesselbush for a free consultation about your bicycle accident claim and legal options.
We handle qualifying cases on a contingency fee basis. Attorney fees and case expenses are explained in the written representation agreement.
