When is it Possible for a Cyclist to Sue a Driver for Negligence in Massachusetts?
Cyclists in Massachusetts have the legal right to share the road with motor vehicles. This is a vital part of making cities and towns more accessible for those who don’t drive, and it’s great for the environment. However, sharing the road doesn’t always guarantee safety. The reality is that when bicycles and cars collide, it’s almost always the cyclist who suffers.
Massachusetts law provides protections for cyclists, but drivers often fail to recognize or respect those rights. A recent investigation by CBS News Boston revealed that many drivers lack awareness of how to safely interact with cyclists on the road. In 2025 alone, there have already been 176 bicycle-related crashes reported statewide — a statistic that highlights how dangerous the roads can be for cyclists.
If you or a loved one has been injured in a bicycle accident due to a driver’s actions, you may have the right to file a personal injury lawsuit. But when exactly can a cyclist sue a driver for negligence in Massachusetts? Let’s break it down.
Understanding negligence in a bicycle accident case
Negligence is the legal foundation of most personal injury claims, including those involving bicycle accidents. In Massachusetts, a successful negligence claim requires the injured party to demonstrate that:
- The driver owed the cyclist a duty of care.
- The driver breached that duty by failing to act with reasonable care.
- The breach directly caused the cyclist’s injuries or damages.
All drivers in Massachusetts have a legal duty to operate their vehicles safely and to share the road with other users, including bicyclists. When they fail to uphold that responsibility, and someone gets hurt, they can be held legally and financially accountable.
This is where an experienced bicycle accident lawyer becomes vital. Proving negligence in court or to an insurance company requires evidence, legal knowledge, and sometimes expert testimony. At Breakstone, White & Gluck, our legal team has the resources and expertise to thoroughly investigate your case and help you pursue full compensation for your losses.
Common examples of negligence
Here are some of the most common scenarios in which a cyclist may be entitled to sue a driver for negligence:
Reckless or aggressive driving
Massachusetts defines reckless driving as operating a vehicle in a manner that shows disregard for the safety of others. This covers a wide range of behaviors, including:
- Excessive speeding
- Weaving in and out of traffic
- Tailgating cyclists
- Driving under the influence of drugs or alcohol
- Running red lights or stop signs
- Making dangerous or illegal lane changes
Failure to yield the right of way
Bicyclists are legally entitled to the same rights of way as drivers. Unfortunately, many motorists either forget or ignore this fact. A failure to yield situation may occur when:
- A driver exits/enters a driveway or parking lot without looking for cyclists.
- A driver makes a left turn across oncoming traffic and cuts off a cyclist.
- A driver turns right at an intersection without checking for a cyclist traveling straight.
Any of these actions can cause a collision and leave a cyclist seriously injured. If a driver’s failure to yield causes an accident, they may be considered negligent under Massachusetts law.
Distracted driving
Distracted driving is one of the leading causes of all traffic accidents today, including those involving bicycles. According to the CDC and the state of Massachusetts, distracted driving can be broken down into three categories:
- Visual distractions – taking your eyes off the road
- Manual distractions – taking your hands off the wheel
- Cognitive distractions – letting your mind drift from the task of driving
Examples of distracted driving include texting, adjusting the GPS, eating, or even just daydreaming. When a driver isn’t fully focused on the road, they may fail to see a cyclist in time to avoid a crash – and that could be grounds for a lawsuit.
What damages can a cyclist recover?
After a bicycle accident, injured cyclists may be eligible for a variety of damages. In Massachusetts, these fall into a few general categories:
1. Economic damages
These are quantifiable financial losses, including the following:
- Medical bills (both past and future)
- Lost wages or loss of earning capacity
- Bicycle repair or replacement costs
- Out-of-pocket expenses related to your recovery
2. Non-economic damages
These compensate for the personal and emotional impact of the accident, such as:
- Pain and suffering.
- Mental anguish or emotional distress.
- Loss of enjoyment of life.
- Permanent disability or disfigurement.
3. Punitive damages
These are intended to punish the wrongdoer and deter similar behavior in the future. Massachusetts does not allow punitive damages except in very limited circumstances, such as wrongful death cases that involve gross negligence.
4. Wrongful death damages
If a loved one was killed in a bicycle accident, surviving family members may be able to bring a wrongful death lawsuit. Damages in these cases can include funeral expenses, loss of companionship, and loss of the decedent’s future income.
How are damages determined?
Massachusetts does not use a fixed formula to determine the value of your damages. Instead, juries evaluate the evidence of each case. Factors that might influence your compensation include:
- The severity of your injuries
- The length of your recovery
- The long-term impact on your ability to work or enjoy life
- Whether the driver’s actions were especially careless or malicious
Because of this subjective process, it’s crucial to work with a skilled bicycle accident lawyer who can present compelling evidence and make a strong case for maximum compensation.
What else should you know?
Here are some important facts to keep in mind if you’re considering legal action after a bicycle accident in Massachusetts:
- Drivers always have a duty to avoid hitting cyclists.
- You must report any bicycle accident involving injury to the police.
- Massachusetts has a three-year statute of limitations for filing a personal injury or wrongful death claim.
- You may be entitled to some limited compensation from the driver’s personal injury protection (PIP) insurance, even before fault is determined.
- Massachusetts uses a comparative negligence system — meaning you can still recover damages even if you were partially at fault, as long as you are not more than 50% responsible.
Contact Breakstone, White & Gluck Today
If you or someone you love has been injured in a bicycle accident in Massachusetts, you don’t have to face the aftermath alone. At Breakstone, White & Gluck, we’ve recovered up to $3 million in damages for bicycle accident victims. Our attorneys bring over 100 years of combined experience and a compassionate, client-first approach to every case.
Let us fight for the justice and compensation you deserve. Call us today or fill out our online form to schedule a free consultation. The sooner you get in touch, the sooner we can help you move forward with confidence and peace of mind.