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Do I Need A Personal Injury Lawyer
Josh Zisson’s plan was to graduate from law school and become a prosecutor. He had a job lined up with a district attorney’s office when the recession hit nine years ago and a statewide hiring freeze was imposed. He turned to Plan B, working at a personal injury firm – and that evolved into becoming a bicycle attorney. A bike lawyer? Really? While it sounds like a job that would be more about wheeling than dealing, there are a lot of legal issues associated with biking. After all, the Boston area — like other densely populated parts of the country — is known for being dangerous territory for bicyclists.
As a long-time cycling advocate, 34-year-old Zisson — of Zisson & Jacobs LLP in Boston — pursues justice for bicyclists. While he says the law and the courts typically favor bike riders, “much of the public, including juries, will side with motorists over bicyclists, simply because they do not understand that bicyclists have an equal right to the road,” says Zisson. He keeps a bike in the basement of his State Street offices so he can ride around town to see clients, and produces “accident cards” that are distributed for free at bike stores — they’re fold-up reports that can fit in a pocket.
“Few things are worse than the first few minutes after a crash with a motorist. People don’t know what to do and it’s hard to think clearly,” he says.
Zisson recently teamed up with a new partner, Seth Jacobs, who doesn’t ride a bike, but is an accomplished litigator. “He can also be the ‘regular guy’ to the jury, in case they’re skeptical about hearing from the bike lawyer, [an] anti-car zealot,” says Zisson.
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The Globe spoke with Zisson about his specialized law practice.
“Technically, I am a personal injury lawyer who understands what it’s like to bike in the city. The idea of the general practice lawyer is fading and the trend is toward specialization, whether it’s construction, maritime, entertainment, trademark law, or in my case, bike law. My interest in bicycle law began almost a decade ago when I was studying for the bar. A friend called saying she’d just been doored [when a driver opens a car door and it strikes a passing bicyclist] and didn’t know what to do. I referred her to the law firm I was working for at the time, and they allowed me to work on the case, even though I didn’t have my license yet. While doing my research, I learned that Massachusetts had just passed a bill that completely overhauled the state’s bike laws. In addition to making it illegal to door someone, there were a number of other specific protections for cyclists, as well as explicit clarifications of their rights. I was very impressed, and realized that this could be the foundation for an entire bike-specific law practice.
“I went back to studying for the bar, but it wasn’t until a couple of years later — when another cyclist came to me after being hit by a car — that I revisited my idea of a firm devoted to bike law. I started my practice eight years ago, and like that I’m standing up for the ‘little guy.’
“Road rage is an issue in the Hub. I get a lot of calls from bicyclists who aren’t hurt and their property not damaged, but someone ran them off the road. It happens more than you think. One client was passed by a large diesel pick-up truck that belched out black smoke — the driver was trying to mess with the cyclist. Fortunately, the bicyclist happened to get it on video, and we are working with Mass Environmental Protection to fine this driver. While the Clean Air Act has made it illegal to alter emissions controls, the act of ‘rolling coal’ hasn’t made it into state law here yet.
“Helmet cameras have been enormously helpful. There are many cases where it would have deemed immediately to be the cyclist’s fault, but the video turned everything around.
“The bike community often feels like the deck is stacked against them, and drivers — and even the police — see them as a nuisance. Bikers often tell me that simply knowing that a lawyer has dedicated his career to fighting for their rights is a real comfort.
“When dealing with insurance companies, adjusters are sometimes taken aback by just how passionate I can get when discussing a crash. For me, it comes from a very real place, and I think that often makes for a better result. It’s nice to be able to focus my practice on an activity that’s inherently fun. I can always justify leaving the office on a nice day to take a ride around the city. I can just say I’m doing a little research.”
