On April 2, 2023, amendments to the Bike statute in Massachusetts went into effect. These changes are aimed at making it safer for cyclists on Massachusetts roadways. The first change that was made changes "or" to "and." That might seem minor, but let's take a look.
The Massachusetts Statute used to say, "During the period from one-half hour after sunset to one-half hour before sunrise, the operator shall display to the front of his bicycle a lamp emitting a white light visible from a distance of at least five hundred feet, and to the rear of said bicycle either a lamp emitting a red light, or a red reflector visible for not less than six hundred feet when directly in front of lawful lower beams of headlamps on a motor vehicle." M.G.L. c. 85, Section 11B(8). I added emphasis to the "or" that will become "and."
The Massachusetts Statute now says, "During the period from one-half hour after sunset to one-half hour before sunrise, the operator shall display to the front of his bicycle a lamp emitting a white light visible from a distance of at least five hundred feet, and to the rear of said bicycle a lamp emitting a red light and a red reflector visible for not less than six hundred feet when directly in front of lawful lower beams of headlamps on a motor vehicle." M.G.L. c. 85, Section 11B(8).
I'm in favor of laws that make everybody safer and this simple change accomplishes that. Cyclists now need a lamp AND reflector. However, sometimes changes that are designed to help people can harm them in the long run. For example, if a bicyclist did not have a lamp AND reflector and is struck by a negligent driver of a car, the car driver will argue that it's the bicyclist's fault because they did not have a lamp AND a reflector.
Thankfully, the Massachusetts Legislature also amended the statute to include the following sentence, "A violation of this clause related to rear lighting shall not be used as conclusive evidence of contributory negligence in any civil action." M.G.L. c. 85, Section 11B(8).
This means a negligent car driver can be prevented from presenting evidence at trial that the bicyclist was negligent because they did not have lamp AND a reflector.
WARNING: Just because the law says the driver can't use it as evidence, that does NOT mean the insurance companies will stop arguing it anyway. That does NOT mean their attorneys will stop attempting to argue it at trial. You NEED an experienced lawyer who knows the law and will file Motions in Limine to prevent the insurance companies from trying to argue it and a lawyer ready to object during trial if they continue to try.
If you have been injured on a bicycle, 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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