Pedestrian Rights Under Massachusetts Law
Massachusetts law gives pedestrians significant legal protections. Drivers are required to yield to pedestrians in both marked and unmarked crosswalks – not just at signals. Any pedestrian lawfully crossing at an intersection, whether or not there is a painted crosswalk, generally has the right of way over turning vehicles. When a driver fails to yield and strikes a pedestrian, they are almost always liable for the resulting injuries.
Common Causes of Pedestrian Accidents in Massachusetts
Most pedestrian accidents are caused by driver inattention. Common scenarios include failure to yield at crosswalks, left and right turns without checking for pedestrians crossing, distracted driving including phone use, running red lights, backing vehicles striking pedestrians in driveways and parking lots, and drunk or impaired driving. Urban areas like Boston and Cambridge see particularly high pedestrian accident rates due to high volumes of foot traffic and complex intersections.
Proving Liability After a Massachusetts Pedestrian Accident
To recover compensation after being struck by a vehicle, you must show the driver failed to exercise reasonable care and that failure caused your injuries. Key evidence includes the police crash report, surveillance or dashcam footage, witness statements, and photographs of the scene. Massachusetts comparative negligence rules apply – if you were partly at fault (for example, crossing against a signal), your recovery is reduced proportionally but you can still recover if you were not more than 50% at fault.
What Compensation Is Available to Pedestrian Accident Victims?
Injured pedestrians in Massachusetts can recover medical expenses including emergency care, surgery, and rehabilitation; lost wages during recovery; loss of future earning capacity if injuries are permanent; pain and suffering for the physical and emotional toll of the injuries; and compensation for permanent disability or disfigurement. Massachusetts no-fault PIP coverage may apply in some circumstances, but the primary compensation source is typically the at-fault driver’s liability insurance. If you were struck by an uninsured driver, your own UM coverage may apply. Contact Larson Law for a free consultation.