Cycling in Fall River has grown in popularity over the years, but the roads haven’t always kept pace with the number of riders using them. Whether you’re commuting across town, riding the rail trail, or just getting around the neighborhood, sharing the road with cars and trucks puts cyclists in a genuinely vulnerable position. When an accident happens, the injuries can be serious, and knowing where you stand legally is critical.
If you’ve been hit by a car while riding your bike in Fall River, a personal injury lawyer in Fall River can help you understand what compensation you may be entitled to and what steps to take to protect your claim.
How Common Are Bicycle Accidents in Massachusetts?
Massachusetts sees thousands of bicycle accidents each year, and urban areas like Fall River account for a significant portion of those crashes. Cyclists are most at risk at intersections, driveways, and anywhere cars are turning or merging. Distracted drivers, poor road conditions, and the simple failure of motorists to watch for cyclists are the leading contributors.
Because cyclists have essentially no physical protection, even a relatively low-speed collision can result in broken bones, head injuries, internal injuries, and severe road rash. Crashes involving larger vehicles or higher speeds can cause life-altering or fatal injuries.
Who Is Liable When a Car Hits a Cyclist?
In Massachusetts, cyclists have the same rights on the road as drivers. When a motorist fails to respect those rights and causes an accident, they can be held liable for the cyclist’s injuries and losses. Common scenarios where driver negligence leads to bicycle accidents include:
- Dooring: a driver or passenger opens a car door into the path of a passing cyclist
- Right hook collisions: a driver turns right across a cyclist’s path
- Failure to yield at intersections
- Distracted driving
- Driving too close to cyclists and clipping them
- Speeding through areas with heavy bicycle traffic
In some cases, liability may not rest entirely with a driver. If a road defect, like a deep pothole or poorly marked construction zone, contributed to the crash, a city or municipality could bear some responsibility. A Fall River personal injury attorney will look at all possible sources of liability, not just the most obvious one.
What Damages Can a Cyclist Recover?
If you’re injured in a bicycle accident caused by someone else’s negligence, you have the right to seek compensation for a wide range of losses. This includes your medical bills, both what you’ve already paid and what your treatment will cost going forward. If your injuries kept you from working, you can claim lost wages and potentially lost future earning capacity if the injury has lasting effects on your career.
Pain and suffering damages are a significant piece of most serious bicycle accident claims. These reflect the physical pain of the injuries themselves and the emotional and psychological impact of going through a traumatic accident and a difficult recovery. For cyclists who suffer permanent injuries or significant scarring, these damages can be substantial.
If your bicycle was damaged or destroyed in the crash, property damage is also recoverable.
Does Wearing a Helmet Affect Your Case?
Massachusetts requires cyclists under 17 to wear helmets, but there is no helmet law for adult cyclists. That said, if you were not wearing a helmet and suffered a head injury, an insurance company or defense attorney may try to argue that your own negligence contributed to the severity of your injuries. Massachusetts uses a modified comparative negligence system, meaning your recovery can be reduced in proportion to your share of fault.
This is an area where having a personal injury lawyer in Fall River makes a real difference. An experienced attorney knows how to counter these arguments and present the evidence in a way that protects your claim.
The Importance of Immediate Medical Care
After a bicycle accident, getting medical attention right away is essential, both for your health and for your legal claim. Head injuries, internal bleeding, and soft tissue damage often don’t produce obvious symptoms immediately after impact. If you wait several days to see a doctor, the opposing insurance company will point to that gap as evidence that your injuries weren’t serious.
Going to the emergency room or urgent care the same day your accident happens creates a medical record that connects your injuries to the crash. That documentation is foundational to your personal injury claim.
Documenting the Accident Scene
If you’re physically able after a crash, document as much as you can. Photographs of the vehicle that hit you, the road surface, any debris, your bicycle, and your visible injuries are all valuable. Get the driver’s information, license plate, and insurance details. Collect the names and contact information of any witnesses.
If you’re too injured to do this yourself, ask a bystander to help, or flag down a police officer. Having an official police report is important. Make sure to get the report number so your attorney can obtain a copy.
Don’t Talk to the Other Driver’s Insurance Company Alone
After a bicycle accident, the at-fault driver’s insurance company will likely reach out to you quickly. They may seem friendly and understanding, but their goal is to settle your claim for as little as possible. Never give a recorded statement to an opposing insurance adjuster without first speaking to a Fall River personal injury attorney. Anything you say can be used to reduce or deny your claim.
How Long Do You Have to File?
Massachusetts gives injury victims three years from the date of the accident to file a personal injury lawsuit. While that may seem like plenty of time, the reality is that building a strong bicycle accident case takes effort and preparation. Evidence needs to be preserved, experts may need to be retained, and medical records take time to gather and organize.
Getting in touch with a personal injury lawyer in Fall River promptly after your accident gives your case the best possible foundation. Most personal injury attorneys work on contingency, meaning there’s no cost to you unless they win your case. There’s no reason to wait.
