When a car accident involves a pedestrian or bike rider, there is often a severe level of injury suffered in the crash. According to a recent news article from ABC 5 Boston, a 14-year-old boy was seriously injured in car accident in Billerica just north of Boston. The boy was in the crosswalk when hit by a car.
The driver of the white pickup truck said he was stopped in the road about three car lengths from the crosswalk when he felt like he was rear-ended. At first he thought it was a car that hit him, and then he saw the young victim bounce off the side of the pickup truck and come to stop in front of his vehicle.
Witnesses to this Billerica bicycle accident say the boy pressed the button to change the light to walk at the crosswalk and proceeded into the intersection when he was hit by the car. The light was allegedly red at the time he was in the crosswalk. The woman who allegedly hit the boy stayed on the scene to talk to police, which she was required to do by law.
The police are still investigating all of the circumstances surrounding this serious Boston area car accident involving a young boy on a bicycle. They suspect that one car stopped at the crosswalk for the red light to let the boy cross the street. The purported at-fault driver then ran the red traffic signal and hit the young victim. However, this has not been established conclusively at this point since the accident is still ongoing.
When first responders arrived at the scene, they found the boy to be very severely injured. He was bleeding heavily and had a broken femur (the large bone between your knee and hip) and a fractured skull. They do not believe he was wearing a helmet at the time of the accident. Police do not know if he suffered any other internal injuries, as his condition of not fully known. He was taken to a local level-one trauma center for treatment for his serious personal injuries as a result of this bike accident.
One question that often comes up in bike accidents when the person on a bike is hit by a car or truck is whether the rider was wearing a helmet. There is no question that wearing a helmet significantly reduces the chance an accident victim will suffer a serious injury or even death. However, there is also no question that a lot of riders choose not to wear a helmet. With motorcycles it is the law in Massachusetts to wear a helmet, but we also see a lot of motorcycle riders that choose not to do so.
In these cases, a defendant could argue that a plaintiff was negligent by not wearing a helmet; however, under our legal system, the fact that a plaintiff was somewhat negligent does not negate the fact that the defendant was also negligent. However, the jury may take this into account when making an award of damages following a trial.
If you are injured in an accident in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — (617) 777-7777.
Teenager on bike seriously injured after being hit by car, ABC 5 Boston, July 21, 2016, By News Desk
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Car Accident Lawsuit Victim Awarded $800k in Judgement Against City for Worker Negligence, June 29, 2016, Boston Car Accident Lawyer Blog