Sorry, I guess this is not a personal injury question but it's related to that subject. A friend of mine got in a bike accident with another woman who was not wearing a helmet. She is being sued by the woman she hit because she claims she injured her head and back and that my friend was at fault. Does Massachusetts law require riders to wear helmets when riding a bike, and if so would that change or eliminate my friend's liability under MA law? Thank you?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Bike helmet law in MA
Yes, under Massachusetts General Laws Chapter 85, Section 11B, anyone 16 and under must wear a helmet when riding a bike, traveling on one as a passenger, or using in line skates, a scooter, or a skate board on a public way or path. Also, section 11D of that same chapter requires businesses that sell or rent bicycles, scooter, skates or skate boards to display a sign with information about the helmet law in MA.
So, since the woman who is suing your friend was probably not a minor, this law is not relevant. However, even if it were, the overriding issue will be, as it is in all personal injury cases, whether the defendant was negligent and, as a result caused injury to the plaintiff. Hope that helps.