Bicycle Accident, Arlington
Client called Attorney Martin after being hit by a car while riding his bicycle. Client was riding with the flow of traffic when he was struck by a vehicle traveling in the opposite direction as it attempted to make a left turn onto a side street. The driver never saw the cyclist, striking him so hard that he bounced off another vehicle that was stopped at the intersection. Client was injured and his bicycle totaled.
When the police arrived client was notably angry. Partially because of his demeanor and partially because there seems to be a bias which favors cars over cyclists, the police report was not favorable to client. Because there was a crosswalk in the intersection and at the time of the accident, client was passing over the crosswalk, the report attempted to fault the cyclist. In Massachusetts, cyclists are expected to follow the same traffic rules that cars do. Although Client was not using the crosswalk, he would have been expected to dismount his bike and walk it across the street if he had.
After an initial low ball offer by the driver’s insurance company, Attorney Martin was able to settle the case for over $18000. Client has since made a full recovery, although he prefers the safety of trail riding to the dangers of daily commuting in Boston traffic.