BRIGHTON PEDESTRIAN ACCIDENT LAWYER
A driver who hits you
on foot must answer.
When a driver strikes you on foot in Brighton, the injuries are often serious and the insurer moves fast, so Larson Law helps you act now to protect the evidence before it is gone.
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What a Brighton pedestrian accident lawyer does for you.
A person on foot has almost no protection against a car, so a pedestrian crash tends to cause serious, life-changing injuries even at low speed. Massachusetts law recognizes how one-sided that collision is. Drivers owe pedestrians a clear duty of care, they must yield the right of way in marked crosswalks, and when a pedestrian is hurt in a crosswalk the police are required to investigate the cause. Those rules give an injured pedestrian in Brighton a strong starting position, but turning that position into a fair recovery takes prompt, careful work.
Insurers know how serious pedestrian claims can be, and they respond quickly, usually by trying to shift blame onto the person who was walking. The most common move is to argue the pedestrian darted out, crossed against a signal, or was outside the crosswalk. Massachusetts still allows a pedestrian to recover even when partly at fault, so these arguments rarely end a claim, but they can reduce it if the facts are not documented early. The crash scene, the vehicle’s speed, and any camera footage all matter, and they do not stay available for long.
A Brighton pedestrian accident lawyer can preserve that evidence, deal with the driver’s insurer, and make sure your own insurance benefits are used correctly, so the claim reflects the full, lasting cost of the injury. For related help, our team also serves clients as a Brighton personal injury lawyer and as a wider Boston personal injury attorney across the region.
Pedestrian claims also tend to move against a driver’s insurer that is well practiced at limiting these cases. That is a large part of why early, organized work on your side matters, from securing the footage and the police investigation to lining up the medical proof before the other side can shape the story.
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Why injured Brighton pedestrians choose Larson Law.
- We build claims on the Massachusetts rules that give pedestrians the right of way and require driver care
- We move fast to secure crash-scene evidence, camera footage, and the police crosswalk investigation
- We push back when an insurer blames the pedestrian for crossing or being outside a crosswalk
- We make sure your own PIP and any uninsured or underinsured coverage are applied correctly
- We identify every source of insurance, since serious pedestrian injuries often exceed a single policy
- We document the full, lasting cost of a pedestrian injury, from surgery to long-term recovery
- No fee unless we win your case
- No upfront costs to you
- Direct attorney access throughout, never a call center
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How Massachusetts law protects injured pedestrians.
Massachusetts law leans in favor of people on foot, and knowing the rules that protect you, along with the defenses insurers raise against them, is the key to a strong pedestrian claim. Several of these rules apply the moment a driver strikes a pedestrian.
Pedestrians have the right of way
At a marked crosswalk without a working signal, Chapter 89, Section 11 requires a driver to yield to a pedestrian, to slow or stop if needed, and it forbids passing another vehicle that has stopped to let someone cross. That same statute requires the police to investigate whenever a pedestrian is injured in a marked crosswalk, which can produce valuable evidence. More broadly, Chapter 90, Section 14 requires drivers to take precautions for the safety of pedestrians and other travelers. A driver who breaks these rules and hits someone has strong evidence of negligence working against them.
Speed, distraction, and impairment
How the driver was operating often decides the case. Exceeding a safe speed under Chapter 90, Section 17 leaves less time to react and makes a pedestrian’s injuries far worse, and operating under the influence under Chapter 90, Section 24 is both a crime and powerful proof of negligence. Distraction, failing to yield while turning, and not looking for people in a crosswalk are common causes of these crashes, and each can establish that the driver, not the pedestrian, was at fault.
Insurance after a pedestrian crash
Even though you were on foot, car insurance still matters. For a pedestrian, the no-fault benefit known as personal injury protection under Chapter 90, Section 34M usually covers the initial medical costs, and the driver’s compulsory liability coverage under Chapter 90, Section 34O is the main source of recovery. Because pedestrian injuries are usually serious, they typically clear the injury threshold in Chapter 231, Section 6D that allows a full claim for pain and suffering, and your own uninsured or underinsured coverage may apply if the driver had too little insurance or fled.
Fault, deadlines, and fatal crashes
If the insurer argues you share blame, the modified comparative negligence rule in Chapter 231, Section 85 lets you recover as long as you were not more than half at fault, with any award reduced by your share. The deadline to sue is generally three years under Chapter 260, Section 2A, and when a pedestrian crash is fatal, close family may bring a claim under the wrongful death statute, Chapter 229, Section 2.
Common causes of pedestrian crashes
Most pedestrian crashes trace back to a driver’s choice. Failing to yield while turning, rolling through a stop, speeding on a state road, looking at a phone, or driving impaired are the patterns we see again and again. Poor lighting, faded crosswalk paint, and missing signals can make things worse, and in some cases the design of an intersection contributes. Identifying the real cause matters because it points to who is responsible, whether that is only the driver or also a party responsible for a dangerous roadway, and it shapes the evidence the claim will need.
The injuries a pedestrian crash can cause
With nothing between a person and a vehicle, pedestrian injuries are often severe. We handle claims involving traumatic brain injury, spinal and back injuries, broken bones and pelvic fractures, internal organ damage, and serious soft-tissue wounds. Many of these injuries require surgery, long rehabilitation, and time away from work, and some leave permanent effects. Because the harm can keep unfolding for months, a claim should look beyond the first hospital bill to the full arc of treatment and its effect on daily life.
How fault is proven in a pedestrian case
Proving a pedestrian claim usually comes down to reconstructing what each side did in the seconds before impact. The vehicle’s speed and braking data, the timing of the traffic and walk signals, the point of impact, and the driver’s line of sight all help show who had the right of way and who failed to act. Where the crash happened in or near a marked crosswalk carries real weight under Massachusetts law. An attorney gathers this proof, and where needed brings in a reconstruction expert, so the claim rests on the physical evidence rather than the insurer’s story.
What the driver’s insurer will try
After a pedestrian crash the driver’s insurer often reaches out quickly, sounds sympathetic, and asks for a recorded statement or offers a fast settlement. Those early moves are designed to lock in a low value before the full extent of the injuries is known and before the evidence is gathered. It is best to let a lawyer handle that contact. We deal with the insurer directly, make sure your own benefits are applied, and hold off on any settlement until the medical picture and the fault evidence are clear.
What a Brighton pedestrian accident claim involves.
Larson Law handles pedestrian injury claims throughout Brighton and the surrounding Suffolk County communities, and where a person was struck shapes how the case is built. Brighton mixes a walkable downtown with busy state highways, which is where most pedestrian crashes happen.
Where pedestrians are struck in Brighton
Many Brighton pedestrian crashes happen at downtown crosswalks and intersections along Commonwealth Avenue, Brighton Avenue, Washington Street, and Market Street, where foot traffic and turning vehicles meet. Others occur on the busier corridors, including Commonwealth Avenue, Washington Street, and Chestnut Hill Avenue, and near schools, bus stops, and the Boston Landing commuter rail station, where people cross to reach transit. Knowing the specific location helps identify which cameras, signals, and witnesses may have captured the crash.
The investigation a crosswalk crash triggers
When a pedestrian is injured in a marked crosswalk, Massachusetts law requires the police to investigate the cause and to issue a citation or seek a complaint where a violation occurred. In a crosswalk case, that often means an official report and investigation already exist, which can be important evidence. We can pull the police file, any traffic-camera or business surveillance footage, and the vehicle data showing how fast the driver was going and whether they braked.
Getting the right medical care
Pedestrian injuries are often severe and can include head trauma, fractures, and internal injuries that are not obvious at the scene. Prompt care at St. Elizabeth’s Medical Center on Cambridge Street or another Brighton-area emergency room protects your health and creates a medical record that ties each injury to the crash. Follow-up treatment, rehabilitation, and the long-term effects of a serious pedestrian injury should all be documented as part of the claim.
Why a pedestrian claim needs fast action
The evidence that proves a pedestrian claim is fragile. Surveillance video from nearby businesses is often overwritten within days, skid marks and debris are cleared, and a vehicle can be repaired before its data is read. Witnesses who stopped at the scene are easier to reach in the first days than weeks later. Moving quickly to preserve the footage, the vehicle data, and the statements, and to document the crosswalk and signals as they were, is often what keeps a strong claim from weakening.
Getting around Brighton on foot
Brighton is a walkable city with a busy downtown, a commuter rail station, schools, and shopping areas that draw steady foot traffic, and that means people regularly cross paths with vehicles at intersections and along the state roads. The same features that make the city convenient also create the conflict points where pedestrians are struck. Whether you were crossing to catch a train, walking to a shop, or heading to school, the rules that protect pedestrians apply, and a local claim can account for exactly where and how the crash happened.
What a Brighton pedestrian accident claim can cover.
A pedestrian crash can leave costs that last long after the hospital, and the categories below are a starting point rather than a limit. Serious injuries often mean surgery, rehabilitation, time out of work, and lasting effects, and a claim should account for every one of them.
Because pedestrian injuries are so often serious, a claim can involve more than one insurance policy, and getting the order and the coverage right can change the outcome. We work through every source of recovery so nothing you are owed is left unclaimed.
Medical Bills and Future Care
Lost Wages and Earning Ability
Pain, Suffering, and Disability
Wrongful Death of a Loved One
What to do after an accident.
Get medical care and log the injury
See a doctor right away, even if you feel okay, since some injuries appear later, and keep every record. Prompt care creates the proof that ties your injuries to the accident, which insurers question.
Get the driver's details and photos
Write down exactly how it happened and photograph the scene, the cause, and your injuries while fresh. Get names and numbers from any witnesses, since that evidence can disappear within hours or days.
Speak to a pedestrian injury lawyer
Before you give the insurance company a statement or sign any release, talk with a lawyer who can protect the claim. Early advice safeguards the evidence and your deadline while you focus on recovery.
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Talk to a Brighton pedestrian accident lawyer today.
The driver’s insurer moves quickly after a pedestrian crash, often to shift blame onto the person who was walking, and the crash-scene evidence does not last. Before you deal with them, tell us what happened. We will explain the right-of-way rules that apply, who is responsible, and what needs to be preserved now to protect your rights. There is no cost and no pressure, and you pay nothing unless we win your case.
By submitting this form, you acknowledge that doing so does not create an attorney-client relationship. Please do not include confidential information. Contacting us does not obligate you to retain our services.
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Larson Law helps injured people and families across Massachusetts after a serious accident. If you were hurt by someone else’s carelessness in Boston, we are ready to listen and explain your options at no cost.
Brighton pedestrian accident claims, answered.
Does a driver have to yield to me in a crosswalk?
Yes, in most cases. At a marked crosswalk where a signal is not present or not working, Chapter 89, Section 11 requires a driver to yield to a pedestrian and to slow or stop if needed, and it bars a driver from passing another vehicle that has stopped to let someone cross. Drivers must also take general precautions for pedestrian safety under Chapter 90, Section 14. A driver who fails to yield and strikes a pedestrian in a crosswalk has strong evidence of negligence against them, which is often central to the claim.
The insurer says I stepped out suddenly. Can I recover?
Often you still can. Insurers routinely argue a pedestrian stepped out suddenly to shift blame, but Massachusetts follows a modified comparative negligence rule under Chapter 231, Section 85. You can recover as long as you were not more than half at fault, with your compensation reduced by your share. Whether you truly stepped out, and whether the driver was speeding or not paying attention, is decided on the evidence, not the insurer’s version. Camera footage, the vehicle’s speed data, and witness accounts frequently contradict the darted-out story, and an attorney can gather that proof.
Who pays my medical bills if I was on foot?
Even though you were walking, car insurance covers you. The first medical costs for a pedestrian struck by a motor vehicle are usually paid through the no-fault benefit called personal injury protection under Chapter 90, Section 34M, generally by the insurer of the vehicle that hit you. Beyond that, the driver’s compulsory liability coverage under Chapter 90, Section 34O is the main source of recovery for a serious injury, and your own auto policy may add coverage. An attorney can sort out which policies apply and in what order, so the right coverage pays and your own benefits are not overlooked.
What if the driver who hit me had no insurance or fled?
You may still have a claim. If the driver had no insurance or fled the scene, your own uninsured motorist coverage, or that of a resident family member, can step in to pay for injuries the at-fault driver should have covered. Personal injury protection under Chapter 90, Section 34M can also apply. Massachusetts requires drivers to carry compulsory coverage under Chapter 90, Section 34O, but not everyone complies, which is exactly what uninsured coverage is for. An attorney can identify every policy available to you and pursue a hit-and-run driver where possible.
What should I do right after being hit by a car?
If you can, call 911 and get medical attention right away, because pedestrian injuries such as head trauma or internal harm can be serious even when you feel able to walk. Get the driver’s name, license, insurance, and plate number before they leave, and photograph the scene, the crosswalk, the vehicle, and your injuries. Note the traffic signals and collect names from any witnesses. Do not tell the driver or an insurer that you are fine or that it was your fault before getting advice. Early documentation is often what protects a pedestrian claim.
What if I was hit outside a crosswalk?
You may still have a valid claim. While Chapter 89, Section 11 gives pedestrians the right of way in marked crosswalks, drivers still owe a general duty of care under Chapter 90, Section 14 everywhere, and a driver who was speeding, distracted, or impaired can be at fault even if you were crossing mid-block. Being outside a crosswalk may raise a comparative fault argument, but under Chapter 231, Section 85 you can still recover as long as you were not more than half at fault. The specific facts decide the outcome.
Can I recover if I was partly at fault?
Yes, in most cases. Massachusetts uses a modified comparative negligence rule under Chapter 231, Section 85, which lets you recover as long as your share of fault was not more than half. Your compensation is then reduced in proportion to your share. Only if you are found more than half at fault would recovery be barred. Insurers often try to inflate a pedestrian’s share of blame, so having the crash-scene evidence, the police crosswalk investigation, and the vehicle data gathered and presented properly can directly affect both whether and how much you recover.
How long do I have to file a pedestrian claim?
The general deadline to file a pedestrian injury lawsuit in Massachusetts is three years from the date of the crash under Chapter 260, Section 2A. If the injured pedestrian is a child, that deadline is generally paused until they reach adulthood, though it is still far better to act early. The most important evidence, including camera footage, the vehicle’s data, and witness memories, fades quickly, so waiting can weaken even a strong claim. Confirming the exact deadline that applies to your situation is something an attorney can do during a free consultation.
What if my child was hit walking to school?
Children are especially vulnerable as pedestrians, and Massachusetts law gives them real protection. A driver who failed to yield in a crosswalk or was speeding near a school under Chapter 90, Section 17 can be held responsible. The deadline to bring a child’s claim is generally paused until the child reaches adulthood, and the comparative negligence rules are applied with a child’s age in mind. Injuries to a child can affect growth and development over years, so a claim should account for future care. An attorney can protect the child’s rights and any deadline that applies.
Do I have to pay anything upfront to hire a lawyer?
Nothing upfront. We take pedestrian injury claims on a contingency fee basis, which means you pay no attorney fee unless we win your case, and there are no upfront costs to you. The first conversation is free and is a chance to understand your options before deciding anything. This arrangement lets an injured pedestrian or a family pursue a claim against a driver and their insurer without worrying about legal bills while recovering. It also means the firm only succeeds when you do, which keeps everyone focused on the best possible result for you.
What does the police report do for my claim?
It can be important evidence. When a pedestrian is injured in a marked crosswalk, Chapter 89, Section 11 requires the police to investigate the cause and to issue a citation or seek a complaint where a driver violated the law. That means an official investigation and report often already exist, documenting how the crash happened and who was at fault. The report can support your claim, though the insurer is not bound by it. An attorney can obtain the police file along with any camera footage and vehicle data, and use all of it to build the strongest possible claim.
What can a pedestrian accident claim pay for?
A claim may cover the full range of harm a pedestrian crash causes, including emergency and ongoing medical care, future treatment and rehabilitation, lost wages and reduced earning ability, and the physical pain, suffering, and disability that follow a serious injury. If a pedestrian crash proves fatal, close family may bring a claim under the wrongful death statute, Chapter 229, Section 2. What your claim will support depends on the severity of the injuries, the coverage available, and the facts of the crash, which an attorney can review with you.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.