On April 2, 2023, amendments to the Bike statute in Massachusetts went into effect. These changes are aimed at making it safer for cyclists and other vulnerable users on Massachusetts roadways. In my previous post, I discussed the amendment from "or" to "and." Today, we'll review the more important change of requiring cars to gives bikes and other vulnerable users, 4 feet of space when passing them.
The amendment struck the second sentence from the first paragraph of M.G.L. c. 90, Section 14. In it's place, we were given the added protection of this new sentence; "In passing a vulnerable user, the operator of a motor vehicle shall pass at a safe distance of not less than 4 feet and at a reasonable and proper speed." M.G.L. c. 90, Section 14.
You might have noticed that the new sentence does not actually say, "bike," "bicycle," or "bicyclist." So where do we get that added protection? It comes from the newly added definition of "vulnerable user."
"'Vulnerable user', (i) a pedestrian, including a person engaged in work upon a way or upon utility facilities along a way or engaged in the provision of emergency services within the way; (ii) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse, horse-drawn carriage, motorized bicycle, motorized scooter, or other micromobility device, or a farm tractor or similar vehicle designed primarily for farm use; or (iii) other such categories that the registrar may designate by regulation." M.G.L. c. 90, Section 1.
As you can see, the new definition is protective of cyclists and many more vulnerable users.
WARNING: Just because the law says the drivers need to allow 4 feet, that doesn't mean the drivers will follow the rules. They will also continue to blame the bikes and other vulnerable users. The insurance companies will continue to blame the vulnerable as well. You NEED an experienced lawyer to fight for you from the start.
If you have been injured on a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, non-motorized scooter, wheelchair, electric personal assistive mobility device, horse, horse-drawn carriage, motorized bicycle, motorized scooter, or other micromobility device, or a farm tractor, you should contact a lawyer immediately. You can Call or Text Andrew Silvia of the Law Office of Andrew T. Silvia, LLC at (508) 960-9686 or email andrew@andrewsilvia.com for a FREE Consultation. As soon as a crash is reported to an insurance company, they begin preparing to defend against your injuries. You need an attorney fighting for you immediately.
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