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Massachusetts’ bicycle helmet laws are intended to provide bike riders with safety guidelines about how they can protect themselves from traumatic brain injuries and other head trauma should an accident occur. Sadly, a bike helmet isn’t always enough to protect a biker from injury.
Being involved in a bicycle accident with a motor vehicle will most likely result in severe injuries. If you, or a loved one, were fortunate enough to survive the accident, your life may be completely changed as a result of the trauma and injuries you sustained. You may be suffering from a severe head or spinal cord injury and broken bones which might require life-long care.
Massachusetts Bicycle Helmet Laws & Minors
Massachusetts bicycle helmet laws require helmet use for people 16 years and younger who are engaged in the following activities while on a public way, public right-of-way, or bicycle path:
o Operating in-line skates
o Operating skateboards
o Operating scooters
o Operating, or riding as a passenger on, any manually-propelled wheeled vehicle
Massachusetts bicycle helmet laws also mandate the way in which the helmets are to be worn and to what standards the helmet must conform. It is critical to note that not conforming to the Massachusetts bicycle helmet laws cannot be used as evidence of contributory negligence in a Massachusetts personal injury lawsuit for injured minors, or adults.
Starting a Personal Injury Claim
Chances are you have considered filing a personal injury or wrongful death lawsuit against the driver of the motor vehicle involved in your bike accident. And though the driver is typically the most obvious defendant, that doesn’t mean he or she is the only possible defendant.
Since insurance companies do not always cover the full extent of your injuries, it is critical that all negligent parties are identified and held liable for your injuries. An experienced Massachusetts personal injury lawyer can increase the odds of recovering the compensation you and your family need to get your life back on track after suffering a TBI or head injury.
Whether you, or your loved one, were wearing a properly fitted and secured helmet at the time of the accident really has no bearing on the possible financial compensation you can receive through your lawsuit. Massachusetts bike helmet laws can, however, help you to determine liable parties in certain situations.
Business Liability in Massachusetts Bike Accidents
Massachusetts bicycle helmet laws provide that any person selling or renting bicycles must post a sign stating, in specific language, that minors must wear helmets as described above. Posting the sign brings the business in full compliance with Massachusetts bicycle helmet laws. It does not, however, impose any liability upon the business should a bicycle accident occur and the bicyclist is not wearing a helmet.
Massachusetts bicycle helmet laws speak specifically to any person, firm, or corporation renting bicycles. These entities must provide helmets in full compliance with safety standards under Massachusetts bicycle helmet laws to each person renting a bicycle. Here, the law does not mention limiting liability.
It is possible then, in a situation where a person rents a bicycle from a business and is involved in a bicycle accident, that the business renting the bicycle could be held liable to the victim.
If you have been seriously injured as a result of someone else’s negligence in Massachusetts, visit http://www.tomkileylaw.com/swat/index.cfm to learn about your rights and options under the law.
Massachusetts personal injury lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the “Million Dollar Man” in a featured article by the Boston Herald Sunday Magazine in it’s “Personal Best Series.” This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.
Mr. Kiley is a respected member of numerous professional organizations including the American Association for Justice, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Bar Association. He has achieved the highest possible rating (AV) for both legal ethics and ability by Martindale-Hubbell, the definitive guide to America’s leading lawyers and law firms.
How long do you think it would take me to learn how to ride a bike?
im 12…and i cant ride a bike….kinda sad. but my dad bought me a bike and im gonna attempt to learn how to ride it. i can skateboard, scooter, ski, and snowboard. how long do you think it would take me, a 12 year old girl, to learn how to bike?
about 10 min. what i figure, took about that long for a 6 year old
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