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Cyclists are allowed to ride bikes on nearly all public roadways, letting bicycle users get around as they please, but cyclists can still get into accidents. Wearing a helmet can save a rider’s life.
When you are looking to bring a lawsuit based on a bike accident, you should be familiar with Milton bicycle helmet laws. These laws are set by Massachusetts statute and govern a cyclist’s responsibilities on the road. A seasoned bicycle accident attorney can help you determine the best way to proceed with your suit and whether wearing a helmet will affect that option.
The laws surrounding bicycle use are designed primarily to promote rider safety. Bikes are allowed to operate on public roads, and drivers must respect them as vehicles.
The helmet laws regulating bicyclists focus on safety features and appropriate use. Massachusetts General Law c. 85 §11B lays out most of these regulations, including how many cyclists can ride alongside each other on the road and the proper seats and helmets cyclists must use. These general rules also include requirements for headlights, taillights, and reflectors for riding a bicycle at night.
Electric bicycles are covered under these regulations too, with additional rules to prevent tampering and unsafe use. Under MGL c.85 §11B ¾, riders of electric bikes have the same rights and duties as those who use normal bicycles, except that they are forbidden on sidewalks and on certain bike trails.
The most significant bicycle helmet laws in Milton concern children in the same vein of bike safety promoted by law. MGL c.85 11B specifically requires helmets for bicyclists 16 years old and under, and that helmet must fit the cyclist’s head and be strapped on. This requirement does not, however, apply to passengers of bikes riding in an enclosed trailer or attachment that protects the head.
Sellers and renters of bikes have responsibilities, too. Both sellers and renters must inform their customers of these rules by posting the laws in their shop, and bike rentals must make helmets available to renting riders under MGL c.85 11D.
Most lawsuits based on accidents focus on negligence—a legal term describing unreasonable behavior that causes an injury. In the simplest terms, negligence involves:
Showing these elements for a bike accident may bring up a discussion of the injured party’s behavior as a defense by the person who allegedly caused the accident. The system of comparative negligence assigns fault for a person’s injuries in percentages under MGL c.231 § 85. When that percentage of an injured party’s fault for their own injuries goes above 50 percent, they could lose the ability to recover; if below 50 percent, their compensation can be reduced proportionally.
Usually, a violation of a statute directly related to the incident can be used as evidence of negligence for either side. For cyclists, MGL c.85 §11B protects bicyclists by determining that a violation cannot be used as evidence of negligence in a civil lawsuit.
The bicycle helmet laws mentioned here are only a summary, as Milton’s rules of the road also govern how cyclists operate bikes alongside cars. A violation of the bike safety rules discussed above cannot be used against the injured party in an injury lawsuit, but other behavior amounting to negligence can. A lawyer could provide more specific insights on how helmet laws could affect a case.
After a bicycle accident, your priority should always be on seeking medical attention. After you are safe, you can and should think about bringing a suit for compensation based on the accident.
Milton bicycle helmet laws are supposed to protect you as a cyclist, but the law alone cannot prevent an accident. With the help of an attorney, you can seek compensation and justice even when you were not wearing a helmet on your bike. Call our firm to make an appointment and to talk through the specifics of your case.
