In Massachusetts, even walking on the sidewalk can be hazardous. Annually, motor vehicle crashes result in the deaths of around 80 pedestrians and 10 bicyclists in the state. Additionally, Massachusetts hospitals treat approximately 4,000 nonfatal pedestrian injuries and 1,400 nonfatal bicyclist injuries each year. Pedestrians face serious risks if a car or truck loses control and veers into their path. Unfortunately, pedestrians are often involved in automobile collisions, sometimes resulting in fatalities. In such tragic circumstances, having a dedicated pedestrian accident attorney like Brandon J. Broderick is crucial. After a pedestrian accident, the immediate priority should be receiving medical care.

Calculating medical expenses, lost wages, and other losses can be overwhelming. This is where the expertise of Brandon Broderick's Massachusetts attorneys comes in, as they represent injured pedestrian accident victims with compassion and integrity. By focusing on your recovery and caring for your family, you can leave the legal complexities to us. We are committed to achieving the best possible resolution for you.

It's important to note that hiring a Massachusetts pedestrian accident attorney like Brandon J. Broderick, Attorney at Law, is initially free. We operate on a contingency basis, meaning we only get paid if we win your case. This ensures that we are motivated to secure the largest settlement or award possible for you. Without legal representation, insurance companies may attempt to offer you an insufficient settlement. Avoid this situation by contacting us immediately, so we can assist you in recovering from this setback.

Below, you will find the most frequently asked questions about pedestrian accidents in Massachusetts and important information about filing a personal injury lawsuit after such an accident.

Brandon J. Broderick: Attorneys for Massachusetts Pedestrian Accidents

Secure Your Right to Compensation for Your Injuries and Expenses

No one is ever fully prepared for a pedestrian accident in Massachusetts. The stress of being injured can be overwhelming, especially if a personal injury lawsuit is on the horizon. It is crucial to understand your rights and the necessary steps to protect them. After an accident, insurers often try to contact the injured party directly to settle the case quickly and inexpensively, avoiding responsibility for any future expenses that may arise.

Avoid negotiating directly with the insurance company. Your insurance policy may cover not only the immediate costs related to your injuries but also medical expenses, lost wages, and long-term treatment and rehabilitation. You are likely entitled to full compensation for these expenses.

Brandon J Broderick, Trial Attorneys, and Experienced Negotiators

Insurance companies have the financial resources to contest high-value injury claims. Hiring a lawyer, such as Brandon J. Broderick, Attorney at Law, will significantly enhance your chances of success. Our experienced pedestrian accident lawyers will handle all communications with your insurance provider and work diligently to secure the settlement you deserve. If an agreement cannot be reached, we will take the case to trial and do everything possible to win.

You’ve Suffered Enough. Let Brandon J. Broderick Ensure the Law Works For You

You can rest assured that Brandon J. Broderick, Attorney at Law, is committed to achieving the best resolution for you. Your primary focus should be on recovering your health.

After a pedestrian accident, managing your finances, recovering from injuries, and planning your next steps can be challenging. Our pedestrian accident lawyers prioritize client care and communication, guiding you every step of the way to ensure you are well taken care of.

Causes of Pedestrian Accidents in the U.S.

There are many causes of pedestrian accidents in the United States, but they frequently result from driver negligence and hazardous conditions. Distracted driving, particularly due to texting or using mobile devices, is a leading cause as drivers divert their attention from the road. Driving under the influence of alcohol or drugs significantly impairs judgment and reaction times, increasing the risk of accidents. Speeding and reckless driving, such as running red lights or failing to yield at crosswalks, further contribute to pedestrian injuries. Poor visibility at night, especially when pedestrians wear dark clothing, heightens the danger, as does the failure of drivers to check for pedestrians when turning or reversing in parking lots. These factors highlight the critical need for increased awareness and adherence to traffic laws to enhance pedestrian safety. Here, we provide a detailed explanation of the primary factors contributing to pedestrian accidents in Massachusetts.

Driving While Under the Influence of Alcohol or Drugs

Alcohol is a major factor in car accidents involving pedestrians. No one who has consumed alcohol or drugs (including prescription medications) should operate a vehicle.

Texting While Driving

Texting while driving is illegal in Massachusetts, yet many drivers still engage in this dangerous behavior. As a result, many pedestrians experience catastrophic injuries at the hands of distracted drivers who are texting rather than paying attention to the road.

Distracted Driving

Distracted driving endangers all road users, including bicyclists, pedestrians, and other motorists. Activities such as texting, using a mobile phone, or using a GPS divert a driver's attention from the road and are leading causes of car accidents.

Walking at Night

It is significantly more difficult to spot pedestrians at night, especially those wearing dark clothing. Statistics show that the majority of pedestrian fatalities occur at night.

Turning Motor Vehicles

Drivers making left turns must be vigilant for pedestrians crossing the intersection to avoid collisions. Additionally, cars entering traffic may not notice pedestrians on the opposite side of the street.

Speeding

Speeding is not only illegal but can also be considered "reckless" driving. Drivers who speed through intersections, run red lights, or disobey traffic laws are often responsible for pedestrian accidents, particularly those resulting in severe injuries. While reckless drivers face serious penalties, this does not always deter such behavior.

Vehicles in Reverse

Pedestrians face significant risks when walking through parking lots. Drivers who are distracted, not paying attention, or in a hurry may back into people, particularly small children, resulting in severe or even fatal injuries.

Determining Liability in Pedestrian Accidents

When a car strikes a pedestrian, the driver is typically held at least partially accountable. An injured pedestrian has the right to file a personal injury lawsuit against the negligent driver to recover damages. According to Massachusetts law, a driver must yield to a pedestrian who is on the same half of the roadway or within 10 feet of the motorist. Since a pedestrian in a crosswalk has the right-of-way, the vehicle driver is almost always held liable (or deemed "at fault") in such accidents.

In Massachusetts, motorists are required to come to a complete stop and yield to pedestrians at crosswalks and intersections. They must remain stopped until the pedestrian has finished crossing. If a pedestrian is struck within a marked or unmarked crosswalk, the law considers that the driver failed to exercise "due care" for the pedestrian's safety.

Both pedestrians and drivers are subject to a "duty of care," which outlines their respective obligations. Pedestrians must use designated crosswalks and always look both ways before crossing, but only when crossing signals indicate it is safe to do so. If a pedestrian runs into the road without giving oncoming traffic a chance to avoid them or is intoxicated while walking, they will share some of the blame for any resulting accidents. In Massachusetts, a pedestrian can still seek compensation as long as they are less than 51% at fault for the accident.

Massachusetts follows a modified comparative negligence system. All drivers in the state are required to have Personal Injury Protection (PIP) insurance. Whether you were the driver or the pedestrian, your own PIP coverage would first pay for any medical expenses. Even if your car was not involved in the collision, your own insurance policy would be the primary source of coverage.

Unfortunately, most pedestrian collisions result in serious injuries, and PIP coverage limits may not be sufficient to cover all accident-related medical costs. Additionally, a car insurance policy might not provide adequate coverage for pedestrians injured in a collision. Your insurance provider might also dispute the legitimacy of your claims or your account of the accident. These are some of the reasons why you should speak with a Massachusetts pedestrian accident attorney as soon as possible after an accident. The lawyers at Brandon J. Broderick, Attorney at Law, will work tirelessly to ensure you receive the full amount of your damages.

Valuing Your MA Pedestrian Accident Case

The severity and long-term impact of your injuries significantly influence the value of your claim. Other factors that may affect the valuation include intangible losses such as pain, suffering, and reduced quality of life.

If a car hits you while you are walking, your first step should be to seek compensation from the driver’s insurance. If hazardous road or traffic conditions contributed to the accident, you might be entitled to compensation from a third party, such as the municipality where the accident occurred. Similarly, if a hazardous condition in a parking lot caused the accident, you might file a claim with the property owner's insurance.

Potential Compensation

You may be entitled to various forms of compensation, including:

  • Medical treatment and lodging expenses
  • Rehabilitation costs
  • Ambulance services
  • Prescription medications
  • Transportation to medical appointments
  • Lost income
  • Pain and suffering
  • Punitive damages

When estimating the value of your case, it is crucial to consider potential future outcomes. If your injuries require long-term care or rehabilitation, your personal injury claim should include compensation for future medical expenses and the income you would have earned if the accident had not occurred.

Modified Comparative Negligence Law in Massachusetts

Massachusetts modified comparative negligence law allows accident victims to be compensated for their damages even if they contributed to the accident, provided their fault is below 51%. The lower your degree of fault, the higher the potential compensation.

The amount of compensation you receive from the other party's insurance company will be adjusted based on your degree of fault. For instance, if you are found 20% responsible for a pedestrian accident in which you were under the influence of alcohol, your $100,000 claim would be reduced to $80,000.

Time Limits for Filing a Claim

In Massachusetts, you have three years to file most personal injury lawsuits in the state's court system, including those related to car accidents, slip and fall incidents, and other mishaps caused by someone else's negligence. Some specific types of injury cases, like wrongful death lawsuits, have their own dedicated statutes of limitations.

Special Timelines for Injury Claims Against the Government in Massachusetts

If you believe a government employee (at either the state or local level) is responsible for your injury in Massachusetts, you cannot directly file a lawsuit against the government in court. Instead, you must follow the Massachusetts Tort Claims Act procedures, beginning with filing a claim with the potentially responsible agency within two years of the incident that caused harm.

Consequences of Missing Massachusetts's Statute of Limitations Deadline

Failing to file your personal injury lawsuit within the three-year timeframe means you forfeit your legal right to seek compensation from the responsible party. Your case will be dismissed, even if you have a strong argument that the person you want to sue is liable for your injuries or if their behavior was particularly negligent.

Additionally, it's crucial to act promptly when seeking compensation for injuries caused by someone else's negligence. Delaying can make it harder to locate witnesses and gather vital evidence to support your case.

Common Injuries from Pedestrian Accidents

Many pedestrian accidents lead to severe injuries for the victim due to the significant size and weight difference between the pedestrian and the vehicle. Typically, the pedestrian is struck by the car's bumper, hood, or windshield, causing them to fall onto the pavement. Such impacts can result in the following serious injuries:

Here are some of the most common injuries suffered in pedestrian collisions:

1. Head Injuries

2. Spinal Injuries

  • Herniated discs
  • Spinal fractures
  • Paralysis

3. Fractures and Broken Bones

  • Leg fractures (femur, tibia, and fibula)
  • Arm fractures (humerus, radius, and ulna)
  • Pelvic fractures

4. Soft Tissue Injuries

  • Sprains and strains
  • Torn ligaments and tendons
  • Bruises and contusions

5. Internal Injuries

6. Lacerations and Abrasions

  • Deep cuts requiring stitches
  • Road rash from contact with pavement

7. Facial Injuries

  • Fractured jaw or cheekbones;
  • Dental injuries
  • Eye injuries

8. Psychological Injuries

  • Post-traumatic stress disorder (PTSD)
  • Anxiety and depression

These injuries can vary in severity and often require extensive medical treatment and rehabilitation. Certain accidents result in fatalities, necessitating the initiation of a wrongful death lawsuit.

The Dangers of Walking in Massachusetts Cities

Walking in Massachusetts cities poses several dangers for pedestrians due to high traffic volume, inadequate infrastructure, and environmental factors. Cities like Boston and Worcester experience significant traffic congestion and speeding, increasing the risk of accidents. Poorly marked crosswalks, uneven sidewalks, and insufficient pedestrian signals further exacerbate these risks. Distracted and aggressive driving behaviors, such as failing to yield and texting while driving, create additional hazards. Moreover, unpredictable weather conditions, especially during the winter, lead to slippery sidewalks and reduced visibility. Combined with inconsistent enforcement of traffic laws, these factors make walking in Massachusetts cities potentially hazardous for pedestrians.

Tips for Increasing Pedestrian Safety in Massachusetts

To enhance pedestrian safety in Massachusetts, several proactive measures can be taken. Cities should invest in well-maintained sidewalks, clearly marked crosswalks, and adequate pedestrian signals to ensure safe and accessible walking paths. Implementing traffic calming measures such as speed bumps, raised crosswalks, and narrowing lanes can effectively reduce vehicle speeds in pedestrian-heavy areas. Public awareness campaigns highlighting the importance of pedestrian safety and the rules of the road can educate both drivers and pedestrians. Consistent enforcement of traffic laws, particularly against distracted and aggressive driving, is crucial. Additionally, integrating technology like smart traffic signals and pedestrian detection systems can further enhance safety, creating a more secure environment for all road users.

  1. Follow the rules of the road and obey signs and signals.
  2. Walk on sidewalks whenever they are available.
  3. If there is no sidewalk, walk facing traffic and as far from traffic as possible.
  4. Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
  5. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
  6. Watch for cars entering or exiting driveways or backing up in parking lots.
  7. Avoid alcohol and drugs when walking; they impair your abilities and your judgment.
  8. Embrace walking as a healthy form of transportation - get up, get out, and get moving.

Do You Need a Lawyer for a Pedestrian Accident?

Following a pedestrian accident, you are not legally obligated to hire a lawyer. However, personal injury attorneys possess the expertise and skills needed to gather evidence, interview witnesses, consult with specialists, and negotiate with insurance companies, which you might not have. Individuals who retain a lawyer generally have a higher likelihood of securing a more substantial settlement compared to those who represent themselves.

Accidents can significantly impact your life, especially if you are injured. In pedestrian collisions, the risk of severe injuries is even higher. Your physical and mental health, along with your financial stability, are at stake, leading to increased anxiety. At Brandon J. Broderick Attorney at Law, we have decades of experience protecting our clients' legal rights against insurance companies and other attorneys.

Our firm prioritizes client care and strives for positive outcomes, earning us a reputation as one of the top pedestrian accident attorneys in Massachusetts. You can rely on us to diligently work towards resolving your case. If you've been injured due to someone else's negligence, you don't have to face this alone. We stand by your side and will help you recover. Contact us for a free consultation today.

We have multiple office locations across Massachusetts, including Barnstable, Boston, Brockton, Cambridge, Fall River, Haverhill, Lawrence, Lowell, New Bedford, North Attleborough, Springfield, and Worcester. Our MA pedestrian accident attorneys are available to visit you if needed. Call (877) 640-5615 to reach us day or night.

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