New Massachusetts Law to Protect Pedestrians and Bicyclists
Massachusetts enacts law to protect pedestrians and bicyclists.
On April 1, 2023, Massachusetts implemented a new state law that requires drivers to be more mindful of “vulnerable” road users such as cyclists and pedestrians. The legislation sets boundaries around how much space motorists must give to others they share the road with. Under the law, Massachusetts now defines vulnerable users as people who are walking or biking; roadside workers; people using wheelchairs; people riding motorized bicycles, scooters, skateboards, roller skates, or other micro-mobility vehicles; horse riders and horse-drawn carriages; and farm equipment.
One of the most important aspects of the law is the requirement for drivers to provide a “safe passing distance” of at least four feet when passing vulnerable road users. This provision makes Massachusetts the 36th state in the country to set a safe passing parameter of at least three feet. Prior to this law, Massachusetts had a very vague and amorphous safe passing distance in statute that never specified safe for whom or provided any means of enforcement.
During a webinar hosted by MassBike, the cyclist advocacy organization, state Sen. William Brownsberger, a lead sponsor of the bill, said, “You shouldn’t get near a vulnerable road user when you’re driving a 5,000-pound vehicle. You should give them a wide berth. I think anybody who’s been sort of grazed by a moving vehicle knows how big a deal this is and how important the concept behind this is.”
The law also allows for motorists to cross a double-yellow line to pass other road users “when it is safe to do so” as long as they adhere to the posted speed limit. Additionally, the legislation requires cyclists to use a front white light and rear red light and rear reflector while riding in the dark. The previous statute only required either a rear reflector or a light, but not both.
It’s worth noting that authorities cannot use a light violation to stop a cyclist, according to MassBike Executive Director Galen Mook. He said, “It is an offense, but it can’t be a reason for a police officer to pull somebody over. And lack of lights cannot be used as ‘conclusive evidence of contributory negligence’ in the case of a civil action” such as when an insurance claim is filed.
The law also clarifies the process for cities and towns to change speed limits, requires police to use a standardized analysis tool to report crashes involving a cyclist or pedestrian, and requires certain state-contracted trucks to be equipped with safety devices to reduce pedestrian and cyclist fatalities.
While the safe passing distance element of the law may not be strictly enforced, it serves to educate motorists of safe driving practices, especially once the Massachusetts Department of Transportation rolls out corresponding signage around the commonwealth.
This law is a positive step towards ensuring the safety of vulnerable road users in Massachusetts. Cyclists and pedestrians are often the most vulnerable on the road, and this law recognizes that fact. It’s important for drivers to be mindful of their surroundings and give vulnerable road users the space they need to travel safely.
Unfortunately, accidents involving cyclists and pedestrians are all too common. According to the National Highway Traffic Safety Administration, in 2019, there were 846 fatalities of cyclists and 6,205 pedestrian fatalities in the United States. These statistics highlight the need for laws like the one implemented in Massachusetts that aim to reduce the number of accidents involving vulnerable road users.
However, laws alone cannot solve the problem. It’s important for drivers to be aware of their surroundings and give vulnerable road users the space they need to travel safely. Cyclists and pedestrians can also take steps to protect themselves, such as wearing brightly colored clothing, using lights while cycling in the dark, and being aware of their surroundings.
If you or someone you know has been injured in a bicycle or pedestrian accident, it’s crucial to seek legal help from an experienced personal injury lawyer who focuses on personal injury or wrongful death cases. At times like these, it’s easy to feel overwhelmed and unsure about what to do next. That’s where a bicycle accident lawyer or pedestrian accident lawyer comes in. They can provide the guidance, support, and legal representation you need to navigate the complex legal process and seek the compensation you deserve. Don’t hesitate to call a personal injury lawyer in Everett, MA today to protect your rights and get the justice you deserve.
