Pedestrian Accidents

Pedestrian Accidents Lawyer in Massachusetts

Pedestrian accidents in Massachusetts were at an all-time high in 2022 with 101 deaths and over 300 seriously injured, according to WBUR, a non-profit local news station. Despite a decrease in the number of pedestrian accidents in 2023 and the first half of 2024, these accidents happen all too often, affecting particularly vulnerable groups such as the elderly and those in high trafficked marginalized areas.

At Rightful Legal, our pedestrian accident attorneys fight for the rights of pedestrian accident victims in sometimes devasting situations, recover the compensation they deserve. Call Rightful Legal today at 617-821-5856 or Contact Us here to schedule a free consultation. 

What Is a Pedestrian Accident?

This is a type of accident involving a collision between a person on foot and another in a vehicle, such as a car, a motorcycle, or even a bicycle. Pedestrians often suffer the most in these types of accidents, as they are exposed and have no protection against the impact. These are often particularly devastating accidents resulting in serious injuries, even fatalities.

Who Can Be Sued for a Pedestrian Accident in Massachusetts?

Generally, a negligent driver or other party who has injured a pedestrian in an accident can be sued. Like other personal injury claims in Massachusetts, you must prove that the negligent party (driver or other party) owed the pedestrian a duty of care, that the negligent party breached this duty, and that the breach directly caused the pedestrian their injuries.

In certain instances, third parties other than the driver of the vehicle may be held responsible. For instance, if an accident was caused by a brake failure, the brake manufacturer or a mechanic who negligently maintained the brake system could potentially be held liable. Public or private entities who fail to maintain roads or lighting, and such dangerous condition resulted in a pedestrian accident, could be held liable. If the pedestrian was injured by person while at work, then their employer may be held liable.

Given the complexities of these cases, it is imperative to speak to an experienced pedestrian accident attorney about your legal rights.

Common Causes of Pedestrian Accidents in Norfolk County

It is important to be aware of the common reasons for pedestrian accidents, most prevalent in urban areas such as Boston, Worcester and Chicopee. Below are just a few.

Distracted Driver and Pedestrians

In today’s busy world, both drivers and pedestrians are surrounded by continuous distractions that can cause them to not pay attention. Cell phones are the biggest culprit, and other drivers, traffic, electronics, children eating, conversations with fellow passengers or walking companions.   

Impaired Drivers and Pedestrians

Impaired driving is much more common than impaired pedestrians, but impairment by alcohol and drugs, can affect safe driving and walking equally. A drunk driver may cross marked lanes, miss a stop sign or fail to yield. A pedestrian may cross the road when it is not safe to do so, resulting in a serious accident.

Recklessness and Road Rage

Both drivers and pedestrians should refrain from recklessness. A driver who speeds, fails to follow traffic rules or tailgates can cause a serious accident. Pedestrians can also exhibit the same reckless behavior and cross the street not at a designated cross walk or while the driver had the right of way.

Wearing Dark Clothes at Night

When pedestrians wear dark clothes at night and are on or near the road, drivers may not see them until it is too late. Even where the road is illuminated by street lamps or traffic lights, seeing a pedestrian at night remains difficult if in dark clothes.  

Road Construction

Road construction can pose a significant distraction. Pedestrians are often forced to walk around the construction area, and this may mean walking into or close to busy roadways and oncoming traffic.

Road Conditions

Poorly engineered, designed, or otherwise constructed roads can pose a risk to both drivers and pedestrians. A pedestrian may not be viewable by a driver around certain bends in the road or on hilly roads. Wet road conditions, rundown roads, and the like can also make it dangerous for both drivers and pedestrians.

Inclement Weather

Typical Massachusetts weather, like rain, snow, sleet, and wind, can make it dangerous to drive and walk on or near roads. This effects visibility resulting in dangerous road conditions and increasing the likelihood of a pedestrian accident. 

Common Pedestrian Accident Injuries in Massachusetts

All accidents have the potential to result in dire consequences and catastrophic injuries, and pedestrian accidents are no different. Due to the simple fact that the pedestrian is often completely exposed and unprotected by any physical structure, these accidents can lead to serious and even fatal injuries.

The following are some of the top injuries’ pedestrians sustained when in a pedestrian traffic-related accident in Massachusetts:

• Head and brain injuries
• Spinal and back injuries
• Musculoskeletal injuries
• Bone fractures
• Lacerations
• Contusions and bruising

The elderly and children are at the greatest risk of serious injuries. Age, gender, location, speed of vehicle, type of vehicle, and weather conditions are all variables which influence the extent of injuries sustained.

What Is the Typical Settlement for Pedestrian Accident Injuries in Massachusetts

The simple answer is that it depends. An award for your injuries as a victim of a pedestrian accident in Massachusetts centers around the particular circumstances of the accident and the extent of the injuries sustained and other losses.

Monetary damages are awarded to pedestrian accident victims to make them as whole as possible, or to restore them to the financial position they were in before the accident. There are a number of factors which effect the amount which can be recovered. Namely these include:

• The extent of the injuries: the greater the injury, typically the greater the compensation. Fatalities and serious injuries warrant the highest settlements.
• Economic losses: Losses such as medical treatment needed and lost earnings as a result of the inability to work now and in the future.
• Percentage of fault: Massachusetts is a modified comparative fault state, which means that a person’s compensation can be reduced in proportion to their negligence if they are less than 51% at fault.
• Insurance limits: You may only be able to recover up to the at-fault party’s insurance limits.

In addition, a pedestrian accident victim could also recover non-economic damages for the pain and suffering they experience because of their injuries.

Why Hire a Massachusetts Pedestrian Accident Attorney?

Pedestrian accidents can be traumatic and debilitating and an experienced pedestrian accident attorney is essential. It is vital to understand that your insurance company and the at-fault party’s insurance company may not have your best interests in mind. Their primary goal is to limit their payment obligations as much as possible and pay as little as legally permissible. Insurance companies are big business and often resort to bullying tactics to reduce or avoid settlement.

To ensure that your rights are protected and you recover what you deserve, hire a Massachusetts pedestrian accident attorney who is prepared to fight for your settlement and take the insurance companies to court if in your best interests. Your lawyer will walk you through the process and advocate and negotiate on your behalf so that you get what is right and just.

Contact a Pedestrian Accident Attorney in Norfolk County Today

The Massachusetts pedestrian accident attorneys at Rightful Legal will fight for your rights and get you just compensation for your injuries. Call 617-821-5856 or Contact Us now for a free consultation.