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        <title><![CDATA[Bicycle Accidents - Marcotte Law Firm]]></title>
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                <title><![CDATA[E-Scooter Laws Remain in Flux: Here’s What Riders Need to Know Before Their Next Ride]]></title>
                <link>https://www.marcottelawfirm.com/blog/e-scooter-laws-remain-in-flux-heres-what-riders-need-to-know-before-their-next-ride/</link>
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                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Mon, 03 Aug 2026 10:00:00 GMT</pubDate>
                
                    <category><![CDATA[Bicycle Accidents]]></category>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[e-bike accident]]></category>
                
                    <category><![CDATA[e-scooter accident]]></category>
                
                    <category><![CDATA[micromobility device accident]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                    <category><![CDATA[e-scooter injury]]></category>
                
                    <category><![CDATA[merrimack valley lawyer]]></category>
                
                    <category><![CDATA[micromobility accident]]></category>
                
                    <category><![CDATA[personal injury attorney]]></category>
                
                    <category><![CDATA[personal injury lawyer]]></category>
                
                    <category><![CDATA[personal injury massachusetts]]></category>
                
                
                
                    <media:thumbnail url="https://marcottelawfirm-com.justia.site/wp-content/uploads/sites/1050/2026/08/Marcotte-Law-Firm-Merrimack-Valley-E-Scooter-Injury-Lawyer.jpg" />
                
                <description><![CDATA[<p>E-scooters have become a very real commuter option for Massachusetts residents, especially those who reside in larger metros like Boston, Brookline, Cambridge, and Lowell (college students, included!). E-scooters are inexpensive, fun, and useful for short trips. Before buying or renting one, it’s important to know some foundational rules for riding, as well as what the&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>E-scooters have become a very real commuter option for Massachusetts residents, especially those who reside in larger metros like Boston, Brookline, Cambridge, and Lowell (college students, included!). E-scooters are inexpensive, fun, and useful for short trips. Before buying or renting one, it’s important to know some foundational rules for riding, as well as what the data says about riding safely.&nbsp;</p>



<p>In Massachusetts, e-scooters mostly show up in:</p>



<ul class="wp-block-list">
<li>Dense urban and inner-suburban areas including Boston, Brookline, Cambridge, Lowell, and Somerville, where there are active pilot programs or increased permitting history for shared scooter fleets.</li>



<li>Bike lanes and streets, <em>not sidewalks. </em>Massachusetts law and most municipal rules require scooters to stay off sidewalks and use roadways or bike lanes instead.</li>



<li>Short-hop, last-mile trips to reach a train, bus, or T station, or replacing short car trips under three miles. (We all know how challenging (and expensive!) parking can be if you lose a favored parking spot on the street).</li>
</ul>



<p>When Brookline ran the state’s first shared e-scooter pilot, it logged nearly 189,000 trips and more than 25,000 unique riders. <strong>More than 40%</strong> of the town’s entire population tried it at least once. Most trips were short: about a mile, taking roughly 10 minutes. Riders reported using scooters as a genuine substitute for driving alone, ride-hailing, and carpooling, which is part of why cities have kept experimenting with the model despite its growing pains.</p>



<p>Boston itself doesn’t currently have an active citywide shared (rentable) scooter program after earlier pilots with Bird and Lime ended. Brookline and a handful of other municipalities have run their own shared pilots, and rules may vary town to town. For example, Fall River bans e-scooters from sidewalks, Agawam restricts them from higher-speed roads, and Marlborough caps speeds at 20 mph. Lowell does not yet have a general public e-scooter rental program, however, the city did launch an <a href="https://www.metromobility.io/app/?fbclid=IwY2xjawTcLJhleHRuA2FlbQIxMABicmlkETFwVUZzNlFBTkRoUjdpMmFpc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHp0H7rJr1L_qMImdKHoXMpOxEYvCPgFDGpXMPHuHqe3DA4ysbM6OvdY0ClfA_aem_1Zbjjn2bRy_MAGljcaMVaA">e-bike sharing pilot program</a> in May 2026.</p>



<h2 class="wp-block-heading" id="h-the-legal-basics-current-massachusetts-law"><strong>The Legal Basics (Current Massachusetts Law)</strong></h2>



<p>Under Massachusetts General Laws Chapter 90, Section 1E, motorized scooters (which currently cover e-scooters) come with <em>rules that are stricter </em>than in many other states:</p>



<ul class="wp-block-list">
<li>A valid driver’s license or learner’s permit is required to operate one on public ways.</li>



<li>Helmets are mandatory for all riders.</li>



<li>No riding after sunset or before sunrise.</li>



<li>Top speed is capped at 20 mph, and riders must keep to the right side of the road at all times, including when passing a car.</li>



<li>No passengers — one rider per scooter.</li>



<li>Scooters can use most public roads and bike lanes, but not limited-access highways or roads posted against scooters/bicycles.</li>
</ul>



<p>That said, this framework may change given increasing use of micromobility options by Bay State residents. Governor Healey’s<strong> </strong><a href="https://www.mass.gov/news/governor-healey-files-ride-safe-act-to-strengthen-public-safety-regulate-e-bikes-mopeds-and-scooters"><strong>“Ride Safe Act”</strong></a> and a related House proposal, built on recommendations from the state’s Special Commission on Micromobility, would create a tiered system based on a scooter or e-bike’s top speed, with separate rules for each tier, mandatory helmets, and new age restrictions for faster devices. If you’re buying a scooter now, it’s worth checking for updates before you ride, since local ordinances (and possibly state law) may shift.</p>



<h2 class="wp-block-heading" id="h-what-the-injury-data-shows"><strong>What the Injury Data Shows</strong></h2>



<p>The safety numbers reveal something every prospective buyer should consider, and several patterns repeat across various nationwide studies.&nbsp;</p>



<ul class="wp-block-list">
<li><strong>Head injuries are common…and serious.</strong> Research on e-scooter crashes has found that roughly <strong><em>half</em></strong> of injuries are to the head, with a meaningful share classified as severe traumatic brain injuries.</li>



<li><strong>Sidewalks are a frequent crash site.</strong> One emergency department study found that 44% of e-scooter incidents <strong><em>occurred on sidewalks,</em></strong> reinforcing why cities restrict scooters to roads and bike lanes.</li>



<li><strong>Injuries among kids are rising. </strong>Some research has tracked a jump in the share of pediatric e-scooter injuries requiring hospitalization over the past decade. Led by childhood injury experts at Johns Hopkins Children’s Center, <a href="https://www.sciencedirect.com/science/article/pii/S0020138326001609?via%3Dihub">the study</a> shows children accounted for <strong>more than 45%</strong> of e-scooter-related injuries, including head injuries, traumatic brain injuries, and broken bones.</li>
</ul>



<h2 class="wp-block-heading" id="h-safety-guidelines-before-you-buy"><strong>Safety Guidelines Before You Buy</strong></h2>



<p>If you’re considering the purchase (or use) of an e-scooter, here are a few things to weigh alongside e-scooter price and top speed:&nbsp;</p>



<ol class="wp-block-list">
<li>Check the speed rating against your comfort level and the law. Massachusetts <strong>caps scooters at 20 mph on public ways</strong>. A scooter capable of much more doesn’t make it legal to use at that speed.</li>



<li>Look for solid brakes and larger wheels. Smaller wheels are more prone to catching on cracks, potholes, and storm grates, a major cause of sidewalk and street falls.</li>



<li>To legally operate a motorized scooter in Massachusetts, you must have a valid driver’s license or learner’s permit.</li>



<li>Unless the existing law changes, plan to ride only during daylight hours, in line with the state’s sunset-to-sunrise riding ban. Also, stick to roadways and bike lanes, as sidewalk riding is illegal. </li>



<li>Include the cost of a GOOD helmet. They are legally required in Massachusetts. Plus, head injuries are the single most common serious outcome in crash data, so buy one that is comfortable to wear…and wear it! </li>
</ol>



<p>E-scooters can genuinely be a useful way to limit automobile use and to avoid traffic (and delays!) where road congestion is greatest. But the injury data is a legitimate reason to take safety seriously rather than treat a scooter like a toy. Wearing a good, safety-rated helmet, sticking to main roads and bike lanes, and riding only during daylight hours goes a long way. As Massachusetts law may shift with the passage of the Ride Safe Act, staying abreast of Massachusetts-specific e-scooter rules is also important.&nbsp;</p>



<p>Marcotte Law Firm has experience representing those injured by e-scooters. Because of the cases we’ve handled, we know that <strong>safety </strong>is paramount when considering use of any micromobility device. One could easily find themselves added to micromobility device research statistics if rules of the road aren’t followed or safety deprioritized, and that is an outcome we hope to avoid.&nbsp;</p>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="1024" src="/static/2026/08/Marcotte-Law-Firm-e-scooter-injury-massachusetts-1024x1024.jpg" alt="" class="wp-image-1571" srcset="/static/2026/08/Marcotte-Law-Firm-e-scooter-injury-massachusetts-1024x1024.jpg 1024w, /static/2026/08/Marcotte-Law-Firm-e-scooter-injury-massachusetts-300x300.jpg 300w, /static/2026/08/Marcotte-Law-Firm-e-scooter-injury-massachusetts-150x150.jpg 150w, /static/2026/08/Marcotte-Law-Firm-e-scooter-injury-massachusetts-768x768.jpg 768w, /static/2026/08/Marcotte-Law-Firm-e-scooter-injury-massachusetts.jpg 1080w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p><em>This post is for general informational purposes and isn’t legal advice. Always check current state and local ordinances before riding.</em></p>



<p></p>
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                <title><![CDATA[Massachusetts bicycle safety called into question after the tragic loss of activist Louisa Gag]]></title>
                <link>https://www.marcottelawfirm.com/blog/what-to-do-if-you-are-in-a-bicycle-accident-in-massachusetts/</link>
                <guid isPermaLink="true">https://www.marcottelawfirm.com/blog/what-to-do-if-you-are-in-a-bicycle-accident-in-massachusetts/</guid>
                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Mon, 20 Jul 2026 14:33:26 GMT</pubDate>
                
                    <category><![CDATA[Bicycle Accidents]]></category>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                    <category><![CDATA[Accident Lawyer]]></category>
                
                    <category><![CDATA[bicycle accident attorney]]></category>
                
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                    <category><![CDATA[car accident attorney]]></category>
                
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                    <category><![CDATA[Lowell Attorney]]></category>
                
                    <category><![CDATA[massachusetts lawyer]]></category>
                
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                <description><![CDATA[<p>On July 9, 2026, 36-year-old Louisa Gag, a transportation planner for the City of Boston and longtime bicycle safety advocate, was riding her bike to work at City Hall. While traveling on Tremont Street near Roxbury Crossing, an intersection that cycling advocates for years flagged as dangerous, she was struck and killed by a truck&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>On July 9, 2026, 36-year-old Louisa Gag, a transportation planner for the City of Boston and longtime bicycle safety advocate, was riding her bike to work at City Hall. While traveling on Tremont Street near Roxbury Crossing, an intersection that cycling advocates for years flagged as dangerous, she was struck and killed by a truck driver and pronounced dead at the scene.</p>



<p>Gag devoted her professional life to preventing <em><strong>exactly this kind of crash. </strong></em></p>



<p>Those who ride bikes or use them for commuting in and out of the city aren’t just frustrated; they are scared.&nbsp;</p>



<p>Before joining the city, she worked for years at <a href="https://www.livablestreets.info/">LivableStreets Alliance</a>, a Cambridge-based advocacy group pushing for safer, more connected streets, and she had co-authored plans aimed at eliminating traffic deaths.&nbsp;</p>



<p>Even so, Gag became another frightening statistic and another example of why <a href="https://www.wbur.org/news/2026/07/17/louisa-gag-vigil-wu-bike-safety-streets">greater protections for bicycle riders are necessary.</a> </p>



<p>In the wake of her death, nearly 4,000 people signed an open <a href="https://benjaminsiegel.github.io/enough-is-enough/?emci=5efa17b1-9980-f111-b337-000d3a1558ce&emdi=4d7f2634-9c80-f111-b337-000d3a1558ce&ceid=14976163">letter</a> to Boston Mayor Michelle Wu, demanding that street safety projects be resumed (an accelerated) in the wake of Gag’s death. In the letter, bike safety advocates and city residents noted how Gag spent her career working to make streets safer. “<em>She was killed on the streets she spent her career trying to fix,” the letter read. “Years ago, one of her professional responsibilities was keeping the list of people killed by cars in Boston. Now her name has been added to it.”</em></p>



<h2 class="wp-block-heading" id="h-massachusetts-laws-bicyclists-should-know">Massachusetts laws bicyclists should know</h2>



<p>As a personal injury attorney, I have seen the aftermath of these crashes: the broken bones, the totaled bikes, and the families ruminating about how to pay medical bills. Most of us are taught fundamental safety knowledge when we first learn to ride a bike. We are taught to ride on the right side of the road alongside cars, to use our hand signals, and to wear flashing lights and retroflective gear to ensure visibility day or night. Inside a busy city, with intersections filled with pedestrians, motorized scooters, e-bikes, and cars, safety and safe riding are paramount. </p>



<p>Safety for bicyclists also extends to those who make state laws, maintain the roadways, and others who use them. Currently, Massachusetts maintains meaningful legal protections for cyclists; protections fought for by people like Gag and organizations like <a href="https://www.livablestreets.info/">LivableStreets Alliance</a> and the <a href="https://bostoncyclistsunion.org/">Boston Cyclists Union,</a> including: </p>



<ul class="wp-block-list">
<li><strong>The 4-Foot Safe Passing Law.</strong> Since 2023, Massachusetts’ Vulnerable Road User law has required drivers to give cyclists (along with pedestrians, roadside workers, and other vulnerable road users) at least four feet of space when passing. If a lane is too narrow to safely provide such clearance, <strong>the driver is required to change lanes or wait</strong> until it’s safe to pass.</li>



<li><strong>Protection From “Right Hooks” and Left-Turn Collisions.</strong> Under the 2009 Bicyclist Safety Bill, drivers are prohibited from making abrupt right turns across a cyclist’s path after passing them, and <strong><em>they must yield to oncoming cyclists</em></strong><strong> </strong>(including those legally riding on the right-hand shoulder) when making left turns.</li>



<li><strong>The Dooring Law.</strong> Drivers and passengers are legally required to check for cyclists <strong><em>before opening a car door into traffic</em></strong>. Violators can face fines, and if a cyclist is injured as a result, that violation can support a civil claim.</li>
</ul>



<p>The small handful of laws that exist are still viewed by many as <em>not enough</em>. At a vigil held in Gag’s honor, bicycle safety advocates ratcheted up demands to build, extend, and add to current safety steps to reduce the impact of traffic violence on people. </p>



<h2 class="wp-block-heading" id="h-do-massachusetts-bicyclists-have-legal-protection">Do Massachusetts bicyclists have legal protection?</h2>



<p>Even if you are unsure whether you have a case, Massachusetts personal injury claims are subject to strict filing deadlines, and evidence has a way of disappearing quickly. Vehicles get repaired, witnesses move on, and surveillance footage gets overwritten. </p>



<p>If injured in a bicycle crash, the most important first step is to <strong>seek medical attention</strong>. Once in a more stable position, report the crash to the police. If possible, document the scene of the crash. The road conditions, any skid marks, and witness information. Camera footage from helmet cams or dash cams has become an increasingly important piece of evidence in these cases, and Massachusetts’ civil laws around fault and passing distance can make a real difference in how a case is resolved. An early consultation with a leading personal injury law firm like Marcotte Law Firm costs you nothing and can preserve options you may otherwise lose. </p>



<p>What happened to Louisa Gag is both deeply tragic and ironic. She lived to create safer streets and perished while using them in a way she sought to protect. In a state as grand as Massachusetts, where cycling for exercise, enjoyment, and with purpose (i.e. commuting) is popular, the fight that Gag and her counterparts initiated has become paramount. Marcotte Law Firm stands as an advocate for those demanding greater protections and remedies. </p>



<p><em>This article is provided for general informational purposes and does not constitute legal advice.&nbsp;</em></p>



<p><strong>July 20, 2026</strong></p>
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                <title><![CDATA[Bicycle Accidents Are On The Rise]]></title>
                <link>https://www.marcottelawfirm.com/blog/bicycle-accidents-are-on-the-rise/</link>
                <guid isPermaLink="true">https://www.marcottelawfirm.com/blog/bicycle-accidents-are-on-the-rise/</guid>
                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Tue, 01 Jun 2021 13:06:20 GMT</pubDate>
                
                    <category><![CDATA[Bicycle Accidents]]></category>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                
                    <category><![CDATA[accident reports]]></category>
                
                    <category><![CDATA[andover]]></category>
                
                    <category><![CDATA[bicycle accident attorney]]></category>
                
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                    <category><![CDATA[bicycle friendly cities]]></category>
                
                    <category><![CDATA[dooring accidents]]></category>
                
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                <description><![CDATA[<p>More and more towns and cities are adapting their streets to be more “bicycle friendly.” Whether through the creation of curbed or painted bicycle lanes or bicycle-only roadways, local governments are encouraging citizens to use bicycles more. The hope is to help alleviate congested roads, reduce car emissions, and simply promote health. Due to the&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>More and more towns and cities are adapting their streets to be more “bicycle friendly.” Whether through the creation of curbed or painted bicycle lanes or bicycle-only roadways, local governments are encouraging citizens to use bicycles more. The hope is to help alleviate congested roads, reduce car emissions, and simply promote health.</p>


<p>Due to the increased amount of bicycle traffic, vehicles and bicycles are often vying for the same road space. Drivers often believe that they always have the right-of-way and that cyclists are the ones who need to move to the side. However, the fact is that drivers share the road with all vehicles, including cyclists. A cyclist is entitled to use an entire travel lane, even if there are other vehicles sharing the road. Due to differences in traveling speed, drivers often perform unsafe maneuvers in an effort to pass the slower-moving cyclist. It is not uncommon for a driver
to “clip” a cyclist when attempting to pass. Similar to <a href="/practice-areas/personal-injury/pedestrian-accidents/">pedestrian accidents</a>, <a href="/practice-areas/personal-injury/bicycle-accident-injuries/">bicycle accident</a> injuries can be very serious due to the size and weight difference between bicycles and vehicles. Further, like pedestrians, bicycles offer no protection from vehicles.</p>


<p>Another common example of bicycle-vehicle accidents are known as “<a href="/practice-areas/personal-injury/bicycle-accident-injuries/bicycle-dooring-accidents/">dooring accidents</a>.” Dooring refers to when the driver of a parked vehicle opens a car door as a cyclist approaches. Due to travel speed and limited reaction time, cyclists often strike an opened vehicle door with tremendous force. Massachusetts law requires vehicle drivers and passengers to check for cyclists before opening their doors.</p>


<p>There are a number of Massachusetts laws aimed at ensuring safe conditions for cyclists, including, but not limited to:
</p>


<ul class="wp-block-list">
<li>Unlike vehicles, cyclists may pass vehicles on the right. This fact cannot be used as a legal defense for a motorist involved in an accident with a cyclist;</li>
<li>Cyclists must obey all traffic laws, including the use of headlights and tail lights for night riding;</li>
<li>After passing a cyclist, a driver may not make abrupt right turns at intersections and driveways, i.e., they must let the cyclist pass first;</li>
<li>Drivers may not pass cyclists until there is a safe distance to do so. If there is not a safe distance, then the driver must wait;</li>
<li>No more than two (2) cyclists may ride together, except on multi-lane roads where there is more than one (1) lane traveling in the same direction. In these instances, the group of cyclists must ride in a single lane; and</li>
<li>When preparing to make a left turn, drivers must yield to oncoming cyclists.</li>
</ul>


<p>
Now that you know the law, and have followed it perfectly as a cyclist, what happens if I am still involved in an accident? If this happens to you, there are a couple things you should do.
</p>


<ol class="wp-block-list">
<li>Check yourself for injuries. If you are able to do so, move yourself and bicycle out of harms way;</li>
<li>Similar to a car accident, collect as much information as you can from or about the other involved parties;</li>
<li>File accident reports; and</li>
<li>Hire an <a href="/lawyers/">attorney</a> to help you navigate the insurance and possible litigation process</li>
</ol>


<p>
A quick word about accident reports. Massachusetts law requires an accident report for any motor vehicle accident that results in injury to any involved party, or property damage in excess of $1,000. Also, the report must be filed within five (5) days of the accident. The Massachusetts RMV’s website has downloaded accident report forms and you can also pick one up at any police station. It is also best practice to make at least four (4) copies of the report; 1) mail the original to the RMV; 2) submit one to the police department in the place where the accident occurred; 3) keep one to submit to the other party’s insurance company; and 4) keep one for your own records.</p>


<p>Given the likely severity of injuries, the presence of insurance companies, and the timelines required for a necessary accident report, it is in your interest to hire a <a href="/lawyers/">personal injury lawyer</a> who can help represent your best interests.</p>


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                <title><![CDATA[Bicycle Accidents]]></title>
                <link>https://www.marcottelawfirm.com/blog/bicycle-accidents/</link>
                <guid isPermaLink="true">https://www.marcottelawfirm.com/blog/bicycle-accidents/</guid>
                <dc:creator><![CDATA[Marcotte Law Firm LLC]]></dc:creator>
                <pubDate>Tue, 28 Aug 2018 21:45:53 GMT</pubDate>
                
                    <category><![CDATA[Bicycle Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>When a vehicle is totaled, our clients are first worried whether everyone is okay. For some, it goes from bad to worse when they realize that they owe more on the car than it’s worth. We often have to explain to our clients that insurance companies are only required to pay what the car is&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>When a vehicle is totaled, our clients are first worried whether everyone is okay. For some, it goes from bad to worse when they realize that they owe more on the car than it’s worth.</p>


<p>We often have to explain to our clients that insurance companies are only required to pay what the car is worth, which is called fair market value. If a loan is more than that, you’re going to owe the finance company the difference.</p>


<p>This is why the first question we ask our clients in this situation whether they have Gap Coverage. This is insurance that covers you if you owe more on your vehicle than its fair market value. It could mean the difference between being able to get a new car and having to take the bus for a while.</p>


<p>Our advice to all our clients is to find a local insurance agent you trust. Your agent will be able to answer your questions and make sure you’re covered if you’re in this unfortunate situation. Of course, if you have any questions, feel free to call for a free, no obligation consultation.</p>


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