Bicycle Accident - Dog Chases Cyclist Causing Crash and Multiple Injuries

Injuries 
Elbow fracture with open reduction and internal fixation; broken teeth
Amount of Award
$150,000
Plaintiff's Lawyer
Attorney Marc L. Breakstone
Boston, Massachusetts
Details of the Case

The 42-year old plaintiff and his wife were enjoying a weekend bicycle ride in Central Massachusetts when a dog came running out of the defendant’s yard and started chasing the plaintiff. Plaintiff, an experienced bicyclist, attempted to avoid the attacking dog and lost control of his bicycle. Plaintiff crashed his bicycle and was thrown, head-over-heels onto the pavement. As a result of this bicycle crash, plaintiff, a computer scientist, suffered a displaced fracture of the elbow and several broken teeth.

Plaintiff underwent surgery for his right elbow fracture and received a plate and screws to fixate the fracture. The surgical hardware was removed approximately one year later. Plaintiff was left with a surgical scar and essentially full use of the affected arm. He also was required to undergo extensive dental restoration of his broken teeth caused by this bicycle crash. The case settled prior to filing of a law suit.

Liability in this case was based on Massachusetts General Laws c. 140, § 155, which establishes strict liability against the owner of a dog that causes injury to another person. Even though the dog never touched the plaintiff, counsel was able to establish the liability of the owner of the dog, since the dog caused the plaintiff to crash on his bicycle.


For more information on choosing a dog bite or dog attack lawyer, please refer to our page on Personal Injury Caused by a Dog Bite or Dog Attack.

 

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
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I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
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Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh
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