Pedestrian Accident FAQs

Drivers in Massachusetts must act with reasonable care when operating their vehicles. Pedestrians, however, must also operate with a level of care to ensure that their behaviors do not contribute to causing an accident.

Driver’s must yield to a pedestrian who is walking in a crosswalk at an intersection with a “walk” signal or green light. With that said, pedestrians are responsible for also behaving in a safe manner by not participating in crossing the street outside of a crosswalk (jaywalking), not crossing the road against traffic signals, and not walking in the road when you are under the influence of drugs or alcohol.

Yes, if a family member was killed as a result of a pedestrian accident, then the executor of the deceased person’s estate can file a wrongful death lawsuit against the driver.

You must file a lawsuit within 3 years of your pedestrian accident.

It is possible to receive compensation to pay for future medical expenses; however, it is important to note that when a lawsuit is brought, all damages must be asserted at that time. You cannot ask for more compensation later. Hiring an attorney can help ensure that your estimates for your injuries and potential future medical bills are accurate and you receive the compensation that you deserve.

A number of factors are reviewed to determine who is responsible for causing a pedestrian accident. Was the driver operating the vehicle safely? Was the pedestrian obeying the rules of the road such as using crosswalks? These details can help determine which parties are at fault.

If you are a driver involved in a pedestrian accident, you should do the following: pull your car over to a safe place and turn off your vehicle, determine if the pedestrian needs medical attention, call the police to report the accident, take photographs of the accident, exchange information with the people at the scene, and report the accident to your insurance company. If you are a pedestrian involved in an accident, you should do the following: call for medical attention if the driver or other people at the scene have not yet, immediately take photos of your injuries and of the accident scene, exchange information with the people at the scene, and consider contacting an attorney.

Pedestrians are responsible for obeying the rules of the road by yielding to cars and only crossing the street at crosswalks or corners. Pedestrians must also obey traffic lights and crossing signals, avoid jaywalking, carefully crossing the street, and avoid being distracted by cell phones when walking.

Pedestrians can recover financial damages for medical bills and lost wages. You can also recover damages for pain and suffering, loss of enjoyment of life, and inability to perform daily tasks.

Most pedestrian accidents settle out of court without going to trial. This will depend upon the details of your case.

You must provide evidence or proof that the driver acted in a negligent manner that contributed to injuries which you can prove. The three aspects that must be proven include: the driver owed the pedestrian a duty of care, the driver breached that duty, and as a result, caused harm to the victim by violating that duty of care. At a high level, you will need to prove that you would not have been injured if the driver did not act in the way that they did.

The length of time that your case takes to resolve will depend on various factors, including the extent of your injuries. Your attorney may be able to help provide guidance on the amount of time that they believe your case will take based off the previous experience handling cases that may be like yours.

Common causes of pedestrian accidents include drunk driving, speeding, poor visibility due to bad weather, distracted driving, and improper lane use. In addition, potholes, uneven payment, construction zones, and debris can also contribute to pedestrian accidents.

First, you should call the police and seek medical attention, taking pictures of your injuries and the accident scene. Gather contact information from any witnesses who may have witnessed the accident. Contact a member of our team to help evaluate your injuries and case to ensure you receive the compensation that you deserve.

The driver’s car insurance will be responsible for paying the first $2000 in your medical expenses from the accident. An experienced attorney can assist in reviewing the details of your case and can provide guidance on your lawsuit.

No, bicyclists are not considered to be pedestrians in Massachusetts.

Common pedestrian accident injuries include broken bones, damage to internal organs, spinal damage, head injuries, paralysis, and even death.

Texting and driving is against the law in Massachusetts. If the driver who was involved in your accident was texting, then the driver may have been behaving in a way that was negligent. If you believe the driver in your accident was texting, the best next step is to contact an attorney who will review the details of your case and potentially gather additional evidence to help determine whether there is enough information to prove negligence.