Did You Know Auto Insurance Can Protect You After A Bicycle Accident in Massachusetts?

May is National Bicycle Safety Month and we applaud all the safe riders and drivers out there, especially as the weather gets nicer and more of us share the roads. According to the League of American Bicyclists, Massachusetts is considered the #1 most bicycle-friendly state in the country and the Boston area bike infrastructure is often considered a model for other cities and states. Despite a nationwide increase in serious accidents and fatalities involving cyclists, the numbers in Massachusetts have actually decreased, with fatal bike crashes dropping more than 50% between 2017-2021 from the previous four-year period. This may be due to an increase in safety measures and better access to bike lanes across the state. 

Through its Vision Zero Boston initiative, the city has made a commitment to implement “proven strategies to eliminate fatal and serious traffic crashes in the city by 2030,” including those involving bicycles. Strategies such as adding protected bike lanes, bike trail networks, and other cycling infrastructure are designed to keep cyclists safe. For example, in April of 2023, the state implemented additional laws to protect riders on streets, including one that requires drivers to provide a distance of at least four feet when passing cyclists. For more on the current laws around bike safety, for both riders and drivers, visit https://www.massbike.org/laws. 

Despite these safeguards, accidents between cyclists and vehicles do still occur, and most commonly involve: 

1. Dooring – It’s one of the most dangerous things that can happen to a cyclist in the city. In Massachusetts it’s against the law to open your car door without looking to see if there’s anything in your way, but that doesn’t prevent passengers and drivers from doing so. The three most dangerous areas around Boston for dooring are Brighton, Boston proper, and Jamaica Plain.
2. Right Hooks – When a driver makes a sudden right turn without looking to see if a cyclist is coming along on the right, it can result in a serious collision. Massachusetts law prohibits drivers from making abrupt right turns at intersections and driveways after passing a cyclist.
3. Left Hooks – Cyclists riding to the right of traffic may be more difficult for motorists to see when turning left through an intersection. When making a left hand turn, motorists are legally required to yield to oncoming traffic going straight, including any cyclists that may be to the right of approaching vehicles. 

Personal Injury Protection (PIP) for Bicyclists

If you’ve been injured by a car or truck while riding your bicycle, you may be able to seek compensation through the driver’s auto insurance to help cover your medical bills and any property damage to your bike and other equipment. And, if the driver’s insurance policy does not cover all of your expenses, you can also turn to your own auto insurance policy, which doesn’t just cover you when you’re driving—it can also apply if you’re hit by a vehicle while riding your bike. Alternatively, if you don’t own a car but live with a family member who does, you may be covered under their insurance.

Part 2 of the standard Massachusetts auto insurance policy, titled “Personal Injury Protection,” is commonly referred to as “PIP” coverage and is mandatory for every vehicle registered in the state. PIP coverage is designed to cover medical expenses, lost wages, and other replacement services in the event of a motor vehicle accident. The coverage applies to the drivers and occupants of each car as well as to pedestrians and cyclists who suffer injuries as a result of a motor vehicle-related incident. Read more about PIP on our blog. 

Other mandatory parts of the driver’s standard Massachusetts auto insurance policy may also provide some coverage if you’re injured by a vehicle while riding your bicycle, including Part 1 (Bodily Injury To Others), Part 3 (Bodily Injury Caused By An Uninsured Auto), and Part 4 (Damage To Someone Else’s Property). 

The driver may also have purchased additional insurance through the optional parts of the policy and an experienced personal injury lawyer can help you determine what compensation might be available to you in the event of a serious bicycle accident in Massachusetts.

Some Tips For Staying Safe While Riding Your Bike

Above all, we want you to be safe while riding your bicycle! The unfortunate truth is that many drivers are simply not as aware of cyclists as they should be. Here are a few assumptions you can safely make to protect yourself while riding, especially in the city:

• Assume anyone will open a car door at any time, especially in a taxi. Keep 3 feet from parked cars so you can avoid that door if and when it opens into your path. When a protected bike lane isn’t available, it is legal to ride a bike in the travel lane and a rider should do so when necessary for safety.
• Assume any driver will make a surprise right turn, thereby cutting you off. Either slow down to gauge their actions, or move to the left rear or front of the car (if traffic permits). Try to avoid positioning yourself beside a car in an intersection.
• Assume drivers don’t know where you’re headed. Use your hand signals to show drivers where you intend to go. (Massachusetts law allows cyclists to forego hand signals if performing them would interfere with the safe operation of their bike.)
• Assume a driver will not let you through a stop sign. If you are approaching an intersection with a stop sign at the same time as a car try to make eye contact to ensure the driver sees you. In the interest of safety, you should always stop at a stop sign, even if it means breaking momentum.
• Assume drivers cannot see you, especially at dawn, dusk, or at night and use your lights. Massachusetts law requires you to have a white light on the front and a red one on the back of your bike. 
• Assume you are not protected in a crosswalk, because you’re not. If you ride your bike across a crosswalk you do not have the same protections as a pedestrian unless you dismount and walk your bike across.

If you’ve been hit by a car, SUV, or truck while riding your bicycle, your first step should be to seek medical help to deal with your injuries. If you are able to, collect the driver’s information, including insurance information, before leaving the scene of the accident. Once you have recovered from the shock, call the experienced personal injury legal team at Parker Scheer at (617) 886-0500 for advice on pursuing a potential bicycle accident injury claim.