Identifying the vehicle is step one
Delivery fleets are a patchwork of national carriers, regional contractors, gig drivers in personal cars and grocery and restaurant couriers. Branding on the vehicle often does not match who employs the driver or who insures them. A plate number, a photograph, a package label or a delivery app receipt is frequently enough for us to trace the chain.
Why bike lanes are a particular problem
A van stopped in a bike lane forces a cyclist to merge into traffic, usually with little warning to drivers behind. Dooring — a delivery driver opening a door into the path of a rider — is common and is specifically addressed by Massachusetts law, which prohibits opening a vehicle door into moving traffic. Where a vehicle chose to stop is itself often the negligent act.
PIP applies even though you were not in a car
If you are struck as a pedestrian, cyclist or scooter rider, the PIP coverage on the vehicle that hit you generally pays your first $8,000 in medical bills and lost wages regardless of fault, under M.G.L. c. 90, § 34M. That gets treatment moving while liability is worked out.
Evidence that disappears fastest
- Nearby business and doorbell camera footage, often overwritten within days
- The delivery company's telematics and in-van camera data
- Route and scan records showing the driver's schedule pressure
- The damaged bike or scooter itself — do not repair or discard it
- Your clothing and helmet, which document the impact
Frequently asked questions
I did not get the driver's information. Is my case over?
Not necessarily. A partial plate, a photograph, the delivery time and location, or a package that arrived on the same route can all help identify the carrier. Camera footage from nearby businesses is often decisive, which is why moving quickly matters so much.
I was doored while cycling. Whose fault is that?
Massachusetts law prohibits opening a vehicle door into traffic when it is not reasonably safe to do so. Responsibility usually sits with the person who opened the door, and with their employer if they were working at the time.
Does it matter if I was riding an e-bike or a scooter?
It can affect which rules apply to you and where you were permitted to ride, but it does not remove the driver's duty of care. Comparative negligence means you can still recover as long as you were not more than 50% at fault.
Who pays my medical bills right away?
Typically PIP on the vehicle that struck you, up to $8,000, regardless of fault. Health insurance covers treatment beyond that, and the remainder is pursued from the responsible company's liability coverage.
