Boston is one of the nation’s most walkable cities. Many people in Boston walk to work, to school, and to shops. Pedestrians have a right to use the public streets and have certain legal responsibilities when they do.
Pedestrian accidents occur when motorists or pedestrians fail to follow the traffic laws. Pedestrians, including children in strollers and people in wheelchairs, are the most vulnerable users of public roads. If you have recently been injured, contact our Boston pedestrian accident lawyers.
At Michael Kelly Injury Lawyers, we represent pedestrians who have been injured by careless drivers and or in hit-and-run accidents in the Boston area. We are proud of our dedication to seeking justice for injured people and of the results we have achieved. We care about our clients and go the extra mile to seek justice in each case.
- Pedestrian Accident Liability in Boston, MA
- 30-Day, Risk-Free Guarantee
- How Does “Shared Fault” Work in Pedestrian Accidents in Boston?
- What Does “No Fault” Mean for Pedestrian Accidents in Boston?
- Client Reviews
- What Evidence Should You Gather After a Pedestrian Accident in Boston?
- What Are the Leading Causes of Pedestrian Injuries in Boston
- The Most Common Injuries in Pedestrian Accidents
- Compensation Available in Boston Pedestrian Accident Lawsuits
- How Can Our Boston Pedestrian Accident Lawyers Help You?
- Contact Our Boston Pedestrian Accident Law Firm Today!
- Get a Free Case Evaluation
- 30-Day, Risk-Free Guarantee
Pedestrian Accident Liability in Boston, MA
Rules governing interactions between pedestrians and motorists are clearly defined to minimize pedestrian accidents and ensure public safety. For pedestrians, the law sets forth specific guidelines for crossing streets and moving along roads:
- Pedestrians in Massachusetts have a responsibility to cross a road within a crosswalk, and when an officer is directing traffic, a traffic control signal is present or when there is a marked crosswalk within 300 feet of the pedestrian.
- A pedestrian may not suddenly enter a crosswalk and step into the path of an oncoming car that is so near that the driver does not have a reasonable amount of time to stop.
- Pedestrians walking along a road without a sidewalk should walk on the left side, facing oncoming traffic.
- Many fatal collisions involving pedestrians and motor vehicles occur in locations other than crosswalks, according to the Massachusetts Office of Public Safety. Pedestrians who are crossing a road in an urban area at a location where there is no marked crosswalk have a legal responsibility to yield the right-of-way to all vehicles.
Similarly, motorists are obligated to yield the right of way to pedestrians under certain conditions. The following points highlight the key responsibilities and legal obligations of drivers:
- Massachusetts law requires that motorists yield the right of way to pedestrians who are in a marked crosswalk on the half of the street in which the vehicle is traveling or when the pedestrian is within 10 feet of the vehicle. Pedestrians also have the right-of-way in crosswalks without traffic signals.
- Drivers who are making a turn at an intersection have a duty to yield to pedestrians.
- Drivers should keep a lookout for pedestrians when backing out of parking spaces or driveways.
- Motorists should yield to school buses when they display a flashing stop sign indicating that children are crossing the street.
When Boston drivers disregard pedestrian walk signals and traffic safety laws and harm pedestrians, they may be found to be negligent and liable for the injuries caused by their actions. It is important to discuss your legal rights with a knowledgeable Boston pedestrian accident lawyer if you have been injured by a car while walking.
30-Day, Risk-Free Guarantee
How Does “Shared Fault” Work in Pedestrian Accidents in Boston?
The concept of “Shared Fault” in pedestrian accidents is governed by the state’s comparative negligence laws. In this legal framework, both the pedestrian and the driver involved in an accident can share responsibility for the incident.
It is possible for a plaintiff (the injured party) to still file a claim and potentially receive compensation even if they were partially at fault for the accident. However, the defendant (the party being sued) must provide evidence showing how the plaintiff’s negligent behavior contributed to the accident and the resulting injuries.
When the case goes to trial, the jury will determine the degree of negligence attributable to each party involved. This is expressed as a percentage.
Consider a scenario where a driver is texting while driving and hits a pedestrian who was jaywalking at the time. In this case, both parties have exhibited negligent behavior that contributed to the accident.
The jury would assess the degree of negligence of both the driver and the pedestrian. The compensation awarded to the pedestrian would be reduced by their percentage of fault.
For instance, if the pedestrian was found to be 20% at fault, and the total damages were determined to be $10,000, the pedestrian would receive $8,000 after reduction. If a pedestrian is found to be 51% or more at fault, they don’t receive any compensation.
Gathering and presenting evidence is key for establishing the degree of negligence for all parties involved. A Boston pedestrian accident attorney can accurately determine each party’s level of fault in the car accident.
With Michael Kelly Injury Lawyers, you will receive professional assistance in deciphering the comparative negligence laws. Our Boston pedestrian accident lawyers are experienced in advocating for the fairest possible outcome for injured parties.
What Does “No Fault” Mean for Pedestrian Accidents in Boston?
Massachusetts is a no-fault state, which means that the driver’s PIP insurance will contribute towards the pedestrian’s medical expenses and potentially a portion of lost wages, regardless of who was at fault. PIP coverage is mandatory for all auto insurance policies, giving victims access to prompt medical treatment without the initial need to establish fault, which can often be a drawn-out process.
It provides benefits for medical bills, a portion of lost wages, and other related expenses up to a limit of $8,000. For those with health insurance, PIP covers the first $2,000 of medical expenses, after which the individual’s health insurance takes over. However, PIP can account for additional medical bills not covered by health insurance, up to its $8,000 limit.
The $8,000 limit of PIP leaves little room for more serious injuries, such as head trauma or disfigurements. This necessitates an additional personal injury lawsuit, making the role of a personal injury attorney crucial.
An experienced personal injury lawyer can help navigate the complexities of filing against the at-fault party’s insurance, carrying out investigations, and exploring other avenues for compensation beyond the PIP coverage. Contact us today to get help from skilled Boston pedestrian accident lawyers.
Client Reviews
Wow is all I can say. Amazing client relations and even better odds of winning your case! This firm plays no games and leaves no crumbs. If you want to destroy your opponent in the courtroom this is who to use. You will win every time ! Chachingggg 💰💰💰
Erin Crean
What Evidence Should You Gather After a Pedestrian Accident in Boston?
The success of a pedestrian accident case depends heavily on evidence. It’s important to try to obtain as much information as possible, including:
- Photographs and videos of the accident scene, the involved vehicle, and any injuries sustained.
- Contact and insurance information from all parties involved.
- Contact information of witnesses so that your pedestrian accident attorney can gather their accounts.
- A copy of the police report, as it contains an objective overview of the car accident.
After the accident, keep all bills and receipts related to the medical assistance you received. Medical records serve as a testament to the injuries suffered and treatments required due to the accident.
We recognize that gathering evidence often doesn’t go as planned. Our firm goes further in our pedestrian accident cases, conducting thorough investigations post-accident, including interviews and reviewing footage from overlooked cameras, to ensure no stone is left unturned.
Our Boston pedestrian accident lawyers are committed to diligently pursuing justice, even in complex cases where the fault may be shared.
What Are the Leading Causes of Pedestrian Injuries in Boston
According to WalkMassachusetts, a statewide pedestrian advocacy organization, 20% of accidents involving motor vehicles in Massachusetts resulted in the death of a pedestrian. Nationwide, the number of people killed in pedestrian accidents reached 3,373 in the first half of 2023.
The leading causes of these unfortunate incidents include:
- Negligent drivers, for example, those who were drunk driving, speeding, or texting while driving.
- Poorly designed or maintained roadways.
- Adverse weather conditions.
- Absence of adequate crosswalks or traffic signals.
Depending on the cause, there may be different parties involved in the case. In distracted driving accidents, for example, the driver is mostly the one at fault, while accidents caused by poorly maintained roadways might involve road maintenance organizations.
Our Boston pedestrian accident attorneys are committed to achieving justice for those who suffered pedestrian accident injuries, regardless of the cause.
The Most Common Injuries in Pedestrian Accidents
Pedestrians who are struck by a car may sustain severe injuries, including brain injuries, fractures of the neck and spine, and injuries to the arms and legs. The most common injuries are injuries to the legs followed by head injuries.
According to the Boston Public Health Commission, more than three pedestrians are injured every day.
Studies have shown the severity of injuries generally increases with the age of the pedestrian. Sadly, some pedestrians sustain fatal injuries when struck by cars. Seventy pedestrians were killed in collisions with vehicles in Massachusetts in 2014, representing 20 percent of all traffic fatalities, according to the National Highway Traffic Safety Administration.
According to the Centers for Disease Control, pedestrians who are 65 and older accounted for one out of five pedestrian deaths and about one out of 10 who were injured.
Common types of injuries in collisions involving a motor vehicle and pedestrian include:
A pedestrian who has been seriously injured in an accident may require months of medical treatment and rehabilitation and be unable to work for an extended period of time. Some pedestrians are left with permanent disabilities. If you or a loved one is facing this difficult situation, you should explore your legal options (such as a Boston pedestrian accident attorney) to seek compensation to pay medical bills and other expenses caused by the accident.
Compensation Available in Boston Pedestrian Accident Lawsuits
Our personal injury attorney will help you explore the full scope of damages you can claim, including:
-
Medical expenses
Immediate and ongoing treatments, hospital bills, medications, and physical therapy.
-
Lost wages
Income lost due to the inability to work.
-
Pain and suffering
Physical pain and emotional distress.
-
Trips to get medical treatment
Costs associated with traveling to and from medical appointments, including accommodation if necessary.
-
Future medical costs and rehabilitation
For severe injuries, victims can claim compensation for anticipated future medical and rehabilitation costs.
-
Loss of earning capacity
Compensation for the loss or reduction in the ability to earn income in the future.
-
Wrongful death
The loss of a family member in an accident.
A pedestrian accident victim partially at fault for the accident may still be eligible for compensation. It’s important to work with a skilled pedestrian accident attorney to ensure that all possible damages are thoroughly accounted for.
At Michael Kelly Injury Lawyers, we put up a spirited fight to advocate for the rights of pedestrian accident victims. You will work with an experienced Boston pedestrian accident lawyer who will evaluate every aspect of your case to secure a settlement or verdict that reflects the true extent of your losses.
How Can Our Boston Pedestrian Accident Lawyers Help You?
We are aggressive, energetic Boston pedestrian attorneys, located in the North End, who pride ourselves on personalized client service. Here’s how we can assist you in the aftermath of a Boston pedestrian accident:
- Free case evaluation: Our attorneys will provide a free case evaluation so that you can get a general idea of the value of your claim.
- Prompt case initiation: Our Boston pedestrian accident lawyers will start working on your case immediately, ensuring no time is wasted.
- Maximizing compensation: Our primary goal is to work to obtain the full compensation that you deserve after an accident caused by a motorist’s failure to yield or disregard for the safety of others.
- Thorough investigation: We will investigate the contributing factors to your pedestrian accident and identify all of the motorists who are potentially liable for your injuries to strengthen your pedestrian accident claim.
- Continuous communication: Your Boston pedestrian accident lawyer will work with you at every stage in the process and keep you informed of the progress in resolving the claim.
- Extensive experience: Our Boston pedestrian accident lawyers have settled hundreds of cases for accident victims, and we will put that legal experience to work for you.
- Strong negotiation: Having a strong sense of what a claim is worth based on our experience handling similar pedestrian accident cases allows us to negotiate from a stronger position and prevents insurance adjusters from taking advantage of you with lowball settlement offers.
- 24/7 availability: Your pedestrian accident attorney will be available to you 24 hours a day, seven days a week.
Contact Our Boston Pedestrian Accident Law Firm Today!
The attorneys at Michael Kelly Injury Lawyers handle pedestrian accident cases on a contingency fee basis. We understand that if you have been hit by a car or a pedestrian accident has disrupted your life, you do not need the extra expense of paying an attorney. You will not owe Michael Kelly Injury Lawyers any legal fee unless we obtain compensation for you and your family.
Our Boston pedestrian injury lawyers will aggressively pursue compensation on your behalf. Fill out our contact form for a free case evaluation.
