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Presented by Attorney Sean Cleary, Personal Injury Lawyer
 Bicycle riding is a beautiful experience, an environmentally sound means of getting around, and an increasing mode of exercise and transportation. Sadly, however, cyclists all-too-frequently suffer severe injuries, or even death, from bike accidents, especially when a collision with a motor vehicle is involved. Roughly 40,000 to 50,000 bike-related injuries occur in the U.S. annually, along with 600-750 fatalities.
Bicycle riders are essentially unprotected on the roads, except for helmets (assuming they're wearing a helmet), and motorists are often heedless of a bicyclist's right of way or fail to check carefully before pulling out of a parking space or turning. Some car drivers actually resent bike riders, viewing them as renegades and/or road hazards and are annoyed by the considerations properly due them. Such disdain can translate into unsafe behavior towards cyclists and all-too-frequently results in incidents where cars clip bikes, turn in front of them, brake suddenly, or heedlessly open doors where bikes are traveling, often with tragic consequences. More localities are establishing bike lanes and alerting motorists with road signs, but we still have a long way to go.
Bike accidents take many forms – getting clipped by a passing vehicle, a car door suddenly opening, an automobile driver doesn’t yield at a stop sign, collision with another rider on a bike path, brakes fail in the rain, or an auto simply turns into the bike’s path. Another cause of injuries is a bike’s mechanical failure. Some bike parts prone to malfunction or breakage include the frame, spokes, brakes, chains, and derailleurs. If there is failure of a mechanical part, the bike's manufacturer may be subject to liability. Most bicycle accidents involving collisions with cars and trucks happen on road bikes or so-called hybrids, rather than mountain bikes made for off-road terrain. Mountain biking accidents involving falls or collisions with trees, etc. are usually only subject to recovery if they were caused by mechanical failure in some way and the company that made the bike is found to be at fault.
An injured bicycle rider can sue for damages if an accident was the fault of the other party, which is often the case in situations where motor vehicles such as cars, SUVs, or trucks collide with bikes. If the accident was caused by mechanical failure, a bike rider could also have a case.
Nighttime accidents are especially vexing because motorists invariably claim that they couldn’t see the bike rider, even if he used the recommended reflectors, head lamps and tail lights, and even fluorescent clothing. Often, the car’s lighting system (dim or clouded headlights) is at fault, or the driver had failed to pay sufficient attention, or his reaction time was impaired by alcohol, drugs, or fatigue. One reason to contact a personal injury lawyer right away in the event of a bicycle accident is that specific facts need to be established as soon as possible, to avoid expiration of statutes of limitations and the inevitable degradation of evidence that occurs over time.
Juries may have some bias against bicycle riders, because they usually identify more with motorists, so this is a factor that must be overcome by sharp legal work – and expert witnesses – in the event the claim goes to trial.
If you’ve been in a bicycle accident that was due to someone else’s negligence or product defects, it is imperative to enlist the help of a skilled personal injury attorney early on, before witnesses disappear, memories fade, or legal time limits run out. If the accident was due to a malfunctioning bike part, it is crucial that you do not send the cycle to the manufacturer for “inspection” before consulting a lawyer.
The Law Offices of Sean J. Cleary has over 15 years of experience in dealing with bicycle accidents in the Pioneer Valley of Western Massachusetts. We have the expertise required to take on the special difficulties faced by bike riders and their families when dealing with injury and wrongful death claims, and we will secure the justice and fair compensation you deserve. We will hire qualified bicycling experts to testify in court if necessary, and we know how to work with juries to overcome the prejudices that some members might bear towards bike riders.
At the Law Offices of Sean J. Cleary, you always get personal service, with Attorney Cleary handling or supervising each individual case. Our policy is that we get paid only if we succeed in securing damages for your claim – a “no recovery, no fee” arrangement – and our contingency rates are modest and customary. If you’ve been hurt in a bike accident in Western Massachusetts, Sean J. Cleary should be your first choice for legal counsel. Call us today for a free, no-obligation, introductory consultation. If you're in the hospital or find it difficult to get to our offices in Amherst, we will gladly come to you.
Please feel free to contact us for a free, no obligation consultation regarding your personal injury case.
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or (413) 549-7600.
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