Massachusetts Bicycle Accident Lawyer Serving Brockton and Southeastern MA
If you were injured in a bicycle crash in Massachusetts, you have the same right to the road as any motorist — and the same right to full compensation when a careless driver hurts you. At Shea Culgin Law, attorneys Robert Shea and Joseph Culgin bring more than 40 years of combined experience fighting for injured cyclists across Brockton, Plymouth County, and all of southeastern Massachusetts. We handle every bicycle case on a contingency fee basis — you pay nothing unless we recover for you.
Massachusetts is one of the most bicycle-friendly states in the country, and ridership keeps climbing — but so do crashes. Cyclists are exposed and vulnerable: when a 4,000-pound vehicle strikes a person on a bicycle, the cyclist absorbs the entire impact. Nationally, more than 1,000 cyclists are killed and tens of thousands more are seriously injured each year, according to the National Highway Traffic Safety Administration. In Massachusetts, large trucks alone are involved in roughly 28% of bicyclist fatalities, based on federal crash data analyzed by MassDOT, and many of the most serious crashes happen in exactly the kind of busy urban corridors found throughout Brockton and southeastern Massachusetts.
Massachusetts has enacted some of the strongest cyclist-protection laws in the nation — including a 4-foot safe-passing requirement and anti-dooring rules. Knowing how to use those laws is the difference between a denied claim and a full recovery. Contact Shea Culgin Law today for a free consultation or call our Brockton office at 508-510-5107.
On This Page
- Massachusetts Bicycle Laws That Protect You
- What to Do After a Bicycle Accident
- Common Causes of Bicycle Accidents
- Common Bicycle Accident Injuries
- How You Get Paid After a Bike Crash
- The “Cyclists Are Reckless” Defense
- Damages You Can Recover
- Why You Need a Bicycle Accident Lawyer
- Frequently Asked Questions
Massachusetts Bicycle Laws That Protect You
Cyclists in Massachusetts have the full rights and responsibilities of vehicle operators on public ways. Several specific statutes are frequently central to a bicycle accident claim.
The 4-Foot Safe-Passing Rule
Massachusetts law requires motorists to pass a cyclist at a safe distance of at least 4 feet. If the lane is too narrow to do so safely, the driver must change lanes to pass, or wait until it is safe. A driver who buzzed you with an unsafe pass violated this rule — strong evidence of negligence.
The Anti-Dooring Law
Under MGL Chapter 90, Section 14, motorists and their passengers must check for passing cyclists before opening a car door, and may be fined up to $100 for opening a door into the path of traffic, including bicycles. “Dooring” crashes — where a cyclist strikes a suddenly opened door or swerves to avoid one — place clear liability on the person who opened the door.
Cyclists’ Right to the Lane
Under MGL Chapter 85, Section 11B, cyclists may use the full travel lane and are not required to hug the curb when doing so would be unsafe — for example, to avoid the door zone, debris, potholes, or an approaching intersection. A driver cannot blame a cyclist simply for “taking the lane” when the law permits it.
Equal Right of Way and Turning Rules
Drivers must yield to cyclists just as they would to other vehicles, and may not cut off a cyclist when turning right across a bike lane. Cyclists also have the right to proceed through intersections with the right of way.
Helmet Requirements
Massachusetts requires bicycle helmets for riders age 16 and under. For adults, not wearing a helmet is not illegal and, importantly, generally cannot be used to defeat your claim — though the defense may attempt to raise it regarding head injuries.
What to Do After a Bicycle Accident in Massachusetts
Step 1: Call 911 and Get Medical Care
Report the crash to police and accept medical evaluation. Massachusetts requires reporting a bicycle crash that causes personal injury or property damage over $100. A police report and prompt treatment protect your claim.
Step 2: Do Not Negotiate at the Scene
Drivers sometimes apologize and offer to “settle it privately.” Do not. Get a police report and proper documentation; injuries and bike damage are often worse than they first appear.
Step 3: Get Driver and Witness Information
Collect the driver’s name, license, plate, and insurance, and the contact information of any witnesses. Cyclist cases frequently turn on right-of-way disputes where witnesses are decisive.
Step 4: Photograph and Preserve Evidence
Photograph the scene, the vehicle, your bike, the road, any bike lane or signage, and your injuries. Do not repair or discard your bicycle or helmet — they are physical evidence of the impact.
Step 5: Do Not Give a Recorded Statement
Decline to give the driver’s insurer a recorded statement until you have spoken to a lawyer.
Step 6: Contact a Bicycle Accident Lawyer
An attorney can secure surveillance footage, identify the applicable insurance, and counter the anti-cyclist bias. Shea Culgin Law offers free consultations to injured cyclists.
Common Causes of Bicycle Accidents
- Dooring — a driver or passenger opening a door into a cyclist’s path
- Unsafe passing — failing to give the required 4 feet of clearance
- Right hooks — a driver turning right across a cyclist’s path or bike lane
- Left crosses — a driver turning left across an oncoming cyclist
- Failure to yield at intersections, driveways, and parking lots
- Distracted driving
- Hazardous road conditions and defective bike lanes
- Large trucks — wide turns and blind spots make trucks especially deadly to cyclists
Common Bicycle Accident Injuries
- Traumatic brain injuries and concussions — even with a helmet
- Spinal cord injuries and paralysis
- Broken bones, particularly collarbones, wrists, arms, and legs
- Facial and dental injuries
- Road rash and severe abrasions
- Internal injuries
- Permanent disability and disfigurement
These injuries can require surgery and long rehabilitation, and they must be valued with future medical needs in mind.
How You Get Paid After a Bike Crash
Like pedestrians, cyclists struck by a motor vehicle have more coverage available than they often realize:
- The at-fault driver’s bodily injury liability coverage — your primary source for damages including pain and suffering
- The striking vehicle’s PIP — Massachusetts PIP generally follows the vehicle, so it can pay your first medical bills and partial lost wages up to $8,000 even though you were on a bike
- Your own auto policy, if you own a vehicle — including PIP, MedPay, and uninsured/underinsured motorist coverage, which can apply even while you are cycling
- A resident relative’s auto policy, in some cases
- Uninsured motorist coverage for hit-and-run crashes
- Your private health insurance
Your own UM/UIM coverage is especially important because many drivers who hit cyclists are uninsured or carry minimal coverage that cannot cover serious injuries. Coordinating these policies correctly is a core part of maximizing your recovery.
The “Cyclists Are Reckless” Defense
Like motorcyclists, cyclists face a bias: insurers assume the rider ran a light, wasn’t visible, or “came out of nowhere.” Do not accept that framing.
Massachusetts follows modified comparative negligence under MGL Chapter 231, Section 85. You can recover as long as you were not more than 50% at fault, with your award reduced by your percentage of fault. A cyclist found 25% at fault still recovers 75% of their damages.
And the law is on cyclists’ side more than insurers admit: a cyclist who “took the lane” to avoid the door zone was acting lawfully under MGL Chapter 85, Section 11B; a driver who doored you violated MGL Chapter 90, Section 14; a driver who passed within 4 feet broke the safe-passing law. Establishing these violations flips the narrative from “reckless cyclist” to “negligent driver.” Photographs, witnesses, and reconstruction do the rest.
Damages You Can Recover After a Bicycle Accident
Economic Damages
- Past and future medical expenses, including surgery and rehabilitation
- Lost wages and loss of future earning capacity
- Property damage to your bicycle and gear
- Long-term care costs for catastrophic injuries
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Disfigurement and permanent scarring
- Loss of enjoyment of life
- Loss of consortium
Wrongful Death and Punitive Damages
When a cyclist is killed, surviving family may pursue a wrongful death claim under MGL Chapter 229, Section 2, including punitive damages for willful, wanton, or reckless conduct.
Why You Need a Bicycle Accident Lawyer
Cyclists deserve a lawyer who treats them as the lawful road users they are. We help by:
- Proving violations of the safe-passing, anti-dooring, and right-of-way laws
- Countering the anti-cyclist bias with evidence, witnesses, and reconstruction
- Identifying and stacking every applicable policy, including the striking vehicle’s PIP and your own UM/UIM coverage
- Fully valuing catastrophic injuries and future care
- Refusing lowball offers and preparing the case for trial
At Shea Culgin Law, we put the Commonwealth’s strong cyclist-protection laws to work for you. We serve injured cyclists throughout Brockton, Plymouth County, and southeastern Massachusetts.
Frequently Asked Questions About Bicycle Accidents in Massachusetts
How far must a car give me when passing on my bike in Massachusetts?
Massachusetts law requires motorists to pass a cyclist at a safe distance of at least 4 feet. If the lane is too narrow to do so safely, the driver must move into another lane to pass or wait until it is safe. A pass closer than 4 feet violates the law and is strong evidence of negligence if it causes a crash.
I was hurt when someone opened a car door in front of me. Who is at fault?
The person who opened the door is almost always at fault. Under MGL Chapter 90, Section 14, motorists and passengers must check for passing cyclists before opening a door and can be fined up to $100 for opening one into traffic. In a dooring crash, liability rests on the person who opened the door, whether you struck it or swerved to avoid it.
Can the driver blame me for riding in the middle of the lane?
Generally no. Under MGL Chapter 85, Section 11B, cyclists may use the full travel lane and are not required to ride at the curb when it would be unsafe — such as to avoid the door zone, road hazards, or an approaching intersection. Taking the lane in those circumstances is lawful, so a driver cannot use it to escape responsibility for hitting you.
Does Massachusetts PIP cover me if I’m hit by a car while biking?
Yes, generally. Massachusetts PIP follows the vehicle, so the PIP coverage of the car that struck you can pay your first medical bills and partial lost wages — up to the $8,000 limit — regardless of fault, even though you were on a bike. If you own a vehicle, your own policy’s PIP, MedPay, and uninsured/underinsured motorist coverage may also apply.
I wasn’t wearing a helmet. Can I still recover?
Yes. For adult cyclists, wearing a helmet is not required by law (it is required only for riders 16 and under), and not wearing one generally cannot be used to defeat your claim. The defense may argue it contributed to a head injury, but it does not bar recovery and has no bearing on non-head injuries. Under comparative negligence you can recover as long as you are not more than 50% at fault.
How long do I have to file a bicycle accident claim in Massachusetts?
You generally have three years from the date of the crash to file a personal injury lawsuit, under MGL Chapter 260, Section 2A. If the crash caused a death, the wrongful death statute of limitations is three years from the date of death under MGL Chapter 229, Section 2. Preserve your bike, helmet, and any footage as soon as possible.
What does it cost to hire a bicycle accident lawyer?
Nothing upfront. Shea Culgin Law handles bicycle accident cases on a contingency fee basis — our fee is a percentage of what we recover, and if we do not win, you owe no attorney’s fee. The consultation is free.
Injured While Cycling? Massachusetts Law Is on Your Side.
Cyclists have real rights — and a lawyer who knows how to enforce them. The attorneys at Shea Culgin Law have spent over 40 years fighting for injured people in Brockton and across Massachusetts.
- Free consultation — We will review your case at no cost
- No fee unless we win — You pay nothing unless we recover for you
- We know bike law — The 4-foot rule, the dooring law, and your right to the lane
- Local and accessible — Our office is at 1350 Belmont St, Suite 109, Brockton, MA 02301
Contact Shea Culgin Law today for a free case evaluation, or call 508-510-5107. We serve clients throughout Brockton, Plymouth County, and southeastern Massachusetts.
