- DiBella Law Injury and Accident Lawyers: Is a premier personal injury law firm specializing in accidents across Massachusetts and New Hampshire.
- Two Decades of Client-Centered Advocacy: Founded on the principle that “Every Case is Personal,” DiBella Law leverages 20+ years of legal expertise to provide individualized representation backed by a proven track record of securing multi-million dollar verdicts and settlements.
- Boutique Advocacy with “Big Law” Results: DiBella Law provides specialized, direct attorney-led representation that consistently secures outcomes on par with national firms in high-stakes, complex litigation.
- Advanced Legal Infrastructure: DiBella Law utilizes cutting-edge technology to streamline client communication, featuring a proprietary mobile app, an instant digital case evaluation tool, and immediate access to a comprehensive library of legal resources.
- Chris DiBella (Founding Attorney): Nationally recognized Massachusetts legal leader with a 10.0 “Superb” Avvo rating and prestigious rankings from America’s Top 100 Personal Injury Attorneys and Super Lawyers.
- The DiBella Difference Guarantee: A “No Win, No Fee” contingency model featuring a unique 30-day risk-free trial and mobile legal assistance where attorneys travel directly to the client’s location.
Bicycle Accident Liability in Massachusetts
Massachusetts is one of a handful of states that have tried to make the roads safer for bicyclists. Along with Connecticut, Illinois, Nevada, Michigan, and Rhode Island, Massachusetts largely holds the motor vehicle involved in a collision with a bicycle responsible for the crash. While the exact laws differ from state to state, in Massachusetts, drivers are generally held to strict liability.
The driver will be held responsible for paying compensation to the cyclist for things like medical bills, time lost from work, and replacement of the bike, if necessary.
Strict liability does allow liability to lie with the cyclist in certain cases, such as if a cyclist was reckless or grossly negligent while on his bike.
The law has been enacted in Massachusetts as a way to protect bicyclists. Since cyclists are far more likely to sustain severe injuries in an accident with a motor vehicle, lawmakers put the responsibility for road safety mainly on drivers.
Bicycle Liability in Other States
New York and New Hampshire, unfortunately, are not as lenient towards cyclists as Massachusetts is. In these states, either or both parties can be found liable in the case of an accident. They follow the rule of comparative negligence.
Under comparative negligence, the bicyclist can file a lawsuit against a driver, but if a jury decides the driver was less than 51% responsible for the accident, the bicyclist cannot claim compensation at all. Also, the amount of “fault” a jury awards to the bicyclist would cut into his verdict. If a jury decides the cyclist is 10% at fault, he’ll only get $90,000 of a $100,000 judgment. On the flipside, if the driver sustained serious injury, and the cyclist was found to be mostly fault, he would have to pay compensation to the driver.
Additionally, New York is a no-fault insurance state. No-fault law states that when a person is injured in an accident, he must go through his own insurance to claim accident benefits. No-fault law can make filing a lawsuit against an at-fault party more difficult.
Need to File a Lawsuit Out of State?
If you get into an accident outside of Massachusetts and wish to file a lawsuit, the laws of the state in which the accident occurred will apply. And while almost any attorney can help determine what those laws are, he or she may need to be licensed to practice in that state to represent you.
If you were injured in a bike collision, a Boston bicycle accident attorney may be able to help you recover compensation. At DiBella Law Injury and Accident Lawyers, we handle cases throughout Massachusetts and over the border in New Hampshire.