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Bicycle Accident Claims in Massachusetts

Bicycle rules in Massachusetts (passing distance, helmets, riding rules), how fault is shared after a bike crash, and the deadline to sue.

Short answer: A bicyclist may use all public ways except posted limited-access highways and is subject to traffic laws, with special rules: bicyclists may keep right when passing moving vehicles, may ride on sidewalks outside business districts when necessary for safety unless a local ordinance says… G.L. c. 85, §11B; G.L. c. 90, §§14, 1

Bicycle lawsA bicyclist may use all public ways except posted limited-access highways and is subject to traffic laws, with special rules: bicyclists may keep right when passing moving vehicles, may ride on sidewalks outside business districts when necessary for safety unless a local ordinance says otherwise (yielding to pedestrians), and may ride no more than 2 abreast. Drivers must pass a bicyclist (a 'vulnerable user') at a safe distance of at least 4 feet and at a reasonable speed. Riders and passengers 16 or younger must wear a helmet, but not wearing one may not be used as evidence of contributory negligence in a civil case.
c. 90 §14 (4-foot rule): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section14 ; 'vulnerable user' defined in c. 90 §1: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section1
Fault rule (comparative negligence)Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
Minimum car insuranceMassachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
PIP tort exemption: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M
Deadline to sue for an injuryThree years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.

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FAQ

What are the bicycle laws in Massachusetts?
A bicyclist may use all public ways except posted limited-access highways and is subject to traffic laws, with special rules: bicyclists may keep right when passing moving vehicles, may ride on sidewalks outside business districts when necessary for safety unless a local ordinance says otherwise (yielding to pedestrians), and may ride no more than 2 abreast. Drivers must pass a bicyclist (a 'vulnerable user') at a safe distance of at least 4 feet and at a reasonable speed. Riders and passengers 16 or younger must wear a helmet, but not wearing one may not be used as evidence of contributory negligence in a civil case.
Can you recover damages if you were partly at fault in Massachusetts?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
What is the minimum car insurance required in Massachusetts?
Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
What is the statute of limitations for personal injury in Massachusetts?
Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.