Bicycle accidents almost always cause more harm to the cyclist than the motor vehicle driver. Even when a bicyclist is wearing a helmet, he or she is not protected from broken bones, crush injuries, brain injuries and other types of serious injuries. If your loved one has been injured or killed in a bike accident, contact a seasoned Massachusetts bicycle accident attorney. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to helping you with your claim and getting you the monetary damages you deserve.
A bicyclist recently died from her injuries after being struck by a cement truck in Fenway. Officials identified the victim as Paula Sharaga, 69, of Cambridge. Sharaga’s husband commented that she was a peace activist and a beloved librarian for 20 years in the community. According to an initial investigation, the cement truck was stopped momentarily at a traffic light. When the light became green, the truck began to drive ahead while Sharaga was riding her bike in the intersection. She was hit by the front of the truck and died as a result. The crash is still under investigation, including the chain of events leading up to the deadly crash.
Establishing Fault After a Bicycle Accident
Bicycle riding is very popular in parts of Massachusetts. In fact, ridership more than doubled in Boston from 2007 to 2015. Sadly, bicycle accidents are more common than you may think. According to the Boston Cyclists Union, 12 of the 18 cyclist deaths in the state were in Boston and Cambridge over the last seven years.
Bicyclists have the same right to use the road as any other motor vehicle. After a bicycle accident, filing a personal injury claim can help you recover compensation for your medical expenses, lost income, pain and suffering, property damage and more. The majority of bicycle accident claims are based on the legal theory of negligence. Negligence takes place when a bicycle accident is the result of a person failing to use reasonable care, which is defined as the level of care that a reasonably prudent person would have used in the same or similar circumstances. In order to establish negligence, the injured party (i.e., the plaintiff) is required to prove the following:
- i) the defendant owed the plaintiff a certain duty of care;
- ii) the plaintiff violated the duty of care owed to the plaintiff (i.e., by being reckless or failing to follow a traffic law); and
- iii) the defendant’s violation was a direct cause of the bicycle accident and plaintiff’s injuries.
Skilled Massachusetts Bicycle Accident Attorney
Bicycle accidents can have devastating consequences that can impact many aspects of a victim’s life. If you sustained a personal injury or property damage in a recent bike accident, you need to reach out to a skilled Massachusetts bicycle accident attorney who can help. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are devoted to protecting the rights of our clients through every phase of the legal matter, from investigation to litigation and everything in-between. For a free consultation regarding your case, please feel free to call us today at 1-800-262-9200 or contact us online.
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