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Dunn & Phillips, P.C.

Bicycle Accident Lawyers in Western Massachusetts

Drivers turn across bike lanes, open doors without looking, and pass too close. We investigate what happened, handle the driver's insurer, and document injuries a helmet could not prevent.

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Drivers turn across bike lanes, open doors without looking, and pass too close. We investigate what happened, handle the driver's insurer, and document injuries a helmet could not prevent.

We represent injured cyclists across Western Massachusetts from our offices in Springfield and Westfield. A new injury reaches a real person 24 hours a day at (413) 426-8657; the first conversation is free.

The three crashes we see most

The right hook. A driver overtakes you and immediately turns across your path into a driveway or side street. They judged your speed as a pedestrian's, not a cyclist's.

The door. Someone parked opens a door into the travel lane without looking. Massachusetts law puts that squarely on the person opening the door, and a cyclist has no time to react - the door appears inside the distance it takes to stop.

The pass. A driver squeezes by with inches to spare, or clips a handlebar. Massachusetts now requires drivers to leave a safe distance of at least four feet when passing someone on a bike, which turns "he was just close" into a concrete violation.

What these share is that the driver's account is honest and wrong. They did not see you until the moment of impact, so their memory begins at the impact. The evidence has to come from somewhere else.

Why the evidence has to be collected now

Bicycle cases are won or lost on things that stop existing within about two weeks: footage from a doorbell camera or the convenience store on the corner, the bike itself before it is thrown away, the damage pattern on the car before it is repaired, and the names of people who stopped.

We start with the bike. Where a frame bent and which side the scrapes are on often contradicts the driver's version of the geometry, and a bike that has been discarded cannot be examined. Keep the bike, the helmet, and the clothes you were wearing, even if they are ruined. Photograph everything before anyone cleans it up.

The insurer will bring up the helmet

Expect it, whether or not you were wearing one, and whether or not your injuries have anything to do with your head. It is raised because most people assume it must matter.

Massachusetts requires a helmet for riders sixteen and under. The statute that requires it also provides that a violation is not evidence of negligence, which means the argument does not do the legal work the adjuster implies it does. And a helmet has no bearing at all on the broken collarbone, the torn knee, the degloving road rash, or the wrist that never fully rotates again - which is most of what a serious bike crash actually produces.

Two sources of money, not one

Personal injury protection follows the vehicle. If a motor vehicle insured in Massachusetts struck you, its PIP benefits reach you as a cyclist, no-fault, for medical expenses and a share of lost wages. You do not have to prove anything to access it, and it starts paying while the rest of the case is still being investigated.

The driver's liability coverage is separate, and that is where the injury itself is compensated. If the driver was uninsured, underinsured, or never stopped, the uninsured motorist coverage on your own auto policy can respond even though you were on a bicycle - your policy covers you, not just your car. Bring us the policy and we will read it.

What to do now

Get examined the same day, even if you feel able to ride home; adrenaline hides a great deal, and a gap between the crash and the first medical record is the first thing an adjuster will point at. Report the crash to the police and get the report number. Keep the bike and gear. Photograph your injuries as they change, because the worst days are the ones that are never documented. And talk to us before you give a recorded statement to the driver's insurer.

If what happened to you is small enough to handle on your own, we will say so. The first conversation is free either way.

Common questions

Bicycle Accidents FAQs

I wasn't wearing a helmet. Does that ruin my case?

It does not end it. Massachusetts requires a helmet for riders sixteen and under, and the same statute says that not wearing one cannot be used as evidence of negligence against you. Insurers raise it anyway, because it works on people who do not know that. What a helmet genuinely cannot do is prevent a broken collarbone, a wrecked knee, or road rash, and those injuries are unaffected by the argument.

The driver says I came out of nowhere. What happens now?

That is the standard opening, and it is usually the driver's honest memory rather than a lie: they did not see you, so from where they sat you appeared. What settles it is evidence gathered early - the position of the vehicles, the damage pattern on the bike, doorbell and business camera footage that overwrites itself in days, and independent witnesses. This is the single strongest reason to call before the trail goes cold.

Does car insurance pay when I was on a bicycle?

Usually, yes. Massachusetts personal injury protection follows the vehicle, not just its occupants, so a cyclist struck by an insured motor vehicle can claim PIP medical benefits regardless of who was at fault. That is separate from, and in addition to, a claim against the driver for the rest of the harm.

What if the car never stopped?

Report it to the police the same day, and then look at your own auto policy even though you were not driving. Uninsured motorist coverage follows the person, so the policy on the car sitting in your driveway can respond to a hit-and-run that happened while you were on a bike. Many people never learn this and absorb the loss themselves.

The crash was caused by a pothole, not a driver.

Then the deadline is much shorter and the recovery is capped. A claim against a city or town for a road defect requires written notice within thirty days of the crash, and Massachusetts caps what a municipality pays on that kind of claim. Thirty days goes quickly when you are being treated, so call early even if you are unsure who is responsible.

How long do I have to bring a claim?

Three years from the crash for a claim against a driver. The municipal road-defect notice above is thirty days, and a claim involving a public entity can carry its own presentment requirement. If you are near a deadline, call anyway - we will tell you where you stand.

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Where we are
Springfield, Main Office

185 Belmont Avenue, Springfield, MA 01108

Westfield, Personal Injury Law Center

56 Washington Street, Westfield, MA 01085

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