Massachusetts has some of the busiest cycling roads in New England, and the North Shore’s narrow streets, parked cars and summer traffic make crashes common. If you were hurt while riding, it helps to know the rules drivers must follow and the coverage available to you. This article explains the key laws. If you ride an electric bike, also see our companion article on e-bike accident claims.
Drivers Must Give Cyclists Four Feet
Since April 1, 2023, Massachusetts law requires drivers passing a vulnerable road user, a category that includes people riding bicycles, to keep a safe passing distance of at least four feet. When it is safe and within the speed limit, a driver may move into an adjacent lane, including across the center line, to give that space. A driver who squeezes past a rider and causes a crash may be found negligent.
Dooring Is a Violation
Dooring happens when someone in a parked car opens a door into a rider’s path. Under G.L. c. 90, § 14, opening a vehicle door into the path of a bicyclist or other traffic is a violation. Dooring crashes often throw riders into traffic, and both drivers and passengers can be responsible. If you were doored, note whether the driver or a passenger opened the door, and get the vehicle’s plate and insurance information.
Common Causes of Bicycle Crashes
- Right-hook turns across a bike lane or shoulder
- Left turns in front of an oncoming rider
- Unsafe passing and sideswipes
- Distracted drivers on phones
- Car doors opened into a bike lane
- Potholes, grates, construction and debris
Who Pays After a Bike Crash
When a motor vehicle hits a cyclist, Massachusetts personal injury protection (PIP) can pay up to $8,000 for medical expenses and lost wages regardless of fault. Depending on the facts, PIP may come from an auto policy in your household or the policy on the vehicle that hit you. Beyond PIP, you may make a claim against the at-fault driver’s bodily injury coverage. To recover for pain and suffering from a driver, Massachusetts generally requires more than $2,000 in reasonable medical expenses or a serious injury such as a fracture. If the driver fled or had too little insurance, uninsured and underinsured motorist coverage on your household’s auto policy may help.
What If You Were Partly at Fault?
Insurers often claim a rider was not visible, was riding too fast, or was in the wrong place. Under Massachusetts comparative negligence law, you can still recover if you were not more than 50 percent at fault, though your recovery is reduced by your share of fault. Evidence matters: photos, video, witness statements and your bike’s condition can all help show what happened.
Road Defects and Public Property
If a pothole or other road defect caused your crash, the claim may be against a city, town or the Commonwealth. These claims have strict written notice requirements that can be as short as 30 days, along with limits on recovery. Do not wait to get advice if a road condition played a role.
Steps to Take After a Crash
- Get medical care and ask for a police report.
- Photograph the scene, vehicle, bike and injuries.
- Collect driver and witness contact and insurance information.
- Keep your bike, helmet and gear unrepaired.
- Ask nearby businesses and homeowners to save video.
- Talk with a lawyer before giving a recorded statement to an insurer.
Learn more on our bicycle and e-bike accident lawyer page, our pedestrian accident page and our car accident page.
Frequently Asked Questions
Do I need my own car insurance to get PIP after a bike crash?
Not necessarily. Riders who do not own a car may still be able to receive PIP benefits through the policy on the vehicle that struck them. If you or a household member has an auto policy, that policy may apply first.
Does not wearing a helmet affect my claim?
Massachusetts requires riders under 16 to wear a helmet. For adults, an insurer may still argue that not wearing a helmet made a head injury worse. How that argument plays out depends on the facts and the injuries.
How long do I have to file a claim?
Most Massachusetts personal injury claims must be filed within three years of the crash, but claims involving road defects or public entities have much shorter notice deadlines.
Call Muggeo & Associates at 978-741-1177 or contact us online.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.