Walking or biking should be safe. Too often, a distracted or speeding driver turns a routine trip into a life-changing injury. Massachusetts gives pedestrians and cyclists specific legal protections — but insurance companies fight these claims hard, blaming the person on foot or on the bike.
This guide explains your rights as a pedestrian or cyclist, the duties drivers owe you, and how to build a strong claim in Brockton and Plymouth County.
Pedestrians: The Right of Way
Under General Laws Chapter 89, Section 11, a driver must yield the right of way to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. A driver who fails to stop can be held liable for the resulting injuries. Drivers must also use “due care” to avoid hitting pedestrians anywhere.
Cyclists: Equal Users of the Road
Under G.L. c. 85, § 11B, bicyclists have the same rights and duties as motorists, and drivers must keep a safe distance when passing (at least three feet under the law). A cyclist injured by a careless driver can pursue a claim just like any crash victim.
Common Causes of These Crashes
- Failure to yield at crosswalks and intersections.
- Distracted driving — texting, GPS, and phones.
- Speeding and aggressive turning, especially right-hooks into bike lanes.
- Impaired driving.
- Poor visibility at night or in poorly lit lots.
What to Do After a Pedestrian or Bicycle Crash
- Call 911 and get police and EMS on scene — a police report is powerful evidence.
- Get medical care even if you feel able to walk away; adrenaline hides serious injury.
- Photograph the scene, the vehicle, your bike, and your injuries.
- Collect witness names — independent bystanders defeat “he darted out” defenses.
- Don’t admit fault or agree the crash was your fault.
Defenses Insurers Use — and How We Answer Them
Expect the driver’s insurer to claim you “jaywalked,” “came out of nowhere,” or “wasn’t visible.” We respond with the police report, camera footage, witness statements, and the statutory duties above. In a modified comparative negligence state (G.L. c. 231, § 85), even partial fault doesn’t bar recovery unless you’re more than 50% responsible — and your award is only reduced by your share.
Brockton Hotspots and Real Examples
Crashes cluster around busy corridors — downtown Brockton crosswalks, Route 28, and the areas near the commuter rail. A pedestrian struck in a marked crosswalk by a driver racing a yellow light has a clear claim under Chapter 89, § 11; the insurer’s “they stepped out” argument fails against the right-of-way statute and any intersection camera footage.
What You Can Recover
Claims can cover medical bills, future treatment, lost wages, reduced earning capacity, and pain and suffering. For cyclists, we also document damage to the bike and gear as part of the loss.
The Three-Year Deadline
File within three years of the crash (G.L. c. 260, § 2A). Claims against a public entity can require earlier notice — another reason to act promptly.
Why a Local Brockton Injury Lawyer Matters
Pedestrian and bicycle cases turn on quickly-lost evidence — surveillance video, vehicle data, and witness memory. A lawyer who knows Plymouth County and Massachusetts traffic law can lock that evidence down fast. At Shea Culgin Law, we protect Brockton workers and fight for Plymouth County injury victims — and you pay nothing unless we win.
If the vehicle that hit you was a rideshare car or a company vehicle, additional insurance layers may apply. We untangle them.
Frequently Asked Questions
I was in the crosswalk but the light was changing — am I at fault?
Not automatically. Drivers must yield to pedestrians in crosswalks; the timing of the signal is a fact for investigation, not an automatic bar.
The driver says I “came out of nowhere.” What then?
Witnesses, camera footage, and the right-of-way statute answer that. Comparative negligence only reduces recovery unless you were mostly at fault.
My bike was damaged — is that part of the claim?
Yes. Property damage to your bicycle and gear is recoverable alongside your injury damages.
Do cyclists have to wear helmets?
Massachusetts requires helmets for riders under 17; not wearing one does not bar an adult’s injury claim, though insurers may raise it.
What If the Driver Flees (Hit-and-Run)?
If the vehicle leaves the scene, you are not out of options. Massachusetts requires auto policies to carry uninsured motorist (UM) coverage, which can pay your pedestrian or cyclist injuries when the at-fault driver can’t be identified. We pursue the UM claim against your own insurer and, where possible, work with Brockton police to identify the vehicle from plate fragments, paint transfers, or camera footage. Hit-and-run is also a crime, which can extend certain deadlines.
E-Bikes and the New Massachusetts Rules
Electric bikes are common on Plymouth County paths now. Under state law, e-bikes are treated like bicycles, not motor vehicles, so riders keep the same right-of-way protections — but higher speeds mean worse injuries when a driver cuts them off. We factor the bike’s class and speed into the negligence analysis.
Dealing With the Driver’s Insurance Adjuster
Soon after the crash, the driver’s insurer may call with a friendly offer. Do not give a recorded statement or accept a check. Early offers are almost always far below the true value, and cashing one can waive your right to more. Refer the adjuster to your lawyer. We handle all contact, protect your statements, and make sure every element — medical care, lost income, and the-less-visible toll of a spinal or brain injury from the impact — is counted before any resolution.
Free Consultation
Hit while walking or cycling in Brockton or Plymouth County? Contact Shea Culgin Law for a free, no-obligation consultation. No fee unless we win.