Bicycle Accident - Cyclist Suffers Multiple Fractures
The plaintiff was an experienced cyclist out on an evening training ride in the late spring. She was riding down a hill in Lexington, Massachusetts, traveling with the flow of traffic in accordance with the law, wearing bright colored cycling clothes. She was aware of a minivan approaching from the opposite direction. She was also aware of another van which had stopped in her lane of travel to make a left hand turn.
The approaching vehicle never signaled its intention to make a left hand turn. For a brief moment the approaching minivan was out of view as the cyclist passed the stopped vehicle in her lane, passing it on the right as allowed by law. In that moment the approaching minivan began a left turn in front of the plaintiff, cutting her off completely. She was unable to stop, and struck the side of the minivan.
Plaintiff suffered multiple fractures to her jaw, her arm, and her ribs, as well as abrasions on various parts of her body. She was admitted to the hospital for surgery on her arm and jaw.
The case was vigorously defended by the driver's insurance company, requiring the plaintiff to file suit in Superior Court. The defense maintained that the defendant driver had signaled his turn and had slowed to make his left-hand turn. The defense claimed that the accident was caused by the plaintiff passing the other vehicle on its right. The defense claimed that the minivan had entered the intersection first, and therefore had the right of way (though this is contrary to Massachusetts law). The defendant also maintained that the plaintiff was at fault for traveling unreasonably fast, which is why he did not see her before turning.The case was settled prior to trial.
For more information on choosing a bicycle accident lawyer, please refer to our page on Choosing an Experienced Massachusetts Bicycle Accident Attorney.