Brookline Pedestrian Accident Lawyer
You had the right of way,
and still paid the price.
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A Brookline pedestrian accident lawyer who stands with you.
A person on foot has nothing between them and a car, so when a driver fails to yield, turns without looking, or races through a crosswalk, the pedestrian pays the price. These crashes cause some of the most serious injuries on the road, and the driver’s insurer often responds by suggesting the pedestrian was somehow to blame.
You had the right to cross safely, and the law is on your side. As a dedicated Boston pedestrian accident practice, Larson Law gathers the evidence that shows what really happened, establishes the driver’s fault, and pursues the full compensation you are owed under Massachusetts law. There is no fee unless we win.
Massachusetts gives pedestrians strong protections, from crosswalk right-of-way rules to no-fault benefits that begin before fault is even decided. Knowing how to use them is part of what we do for every client.
What our clients say
We fight for injured pedestrians.
- We handle serious pedestrian injuries, from fractures and internal harm to brain and spinal trauma.
- We prove the driver's fault using video, witness accounts and the physical evidence at the scene.
- We push back when an insurer tries to blame the pedestrian for a driver's failure to yield.
- We make sure your no-fault benefits are paid while we pursue the full value of your claim.
- We work with reconstruction and medical experts to document fault and the lasting cost of injuries.
- We keep you informed throughout.
- We answer when you call.
- No fee unless we win.
- Free case review, always.
$300K+ Won For Clients
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8+ Years of Legal Expertise
98% Legal Success Rate
100+ Injured Victims Helped
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How a Massachusetts pedestrian accident claim works.
Pedestrians have the right of way
Massachusetts law strongly protects people on foot. Under General Laws chapter 89, section 11, a driver must yield the right of way to a pedestrian who is crossing in a marked crosswalk, slowing or stopping as needed to let them pass safely. A driver who fails to do so, and injures a pedestrian, is almost always at fault. Drivers also owe a general duty of care to watch for pedestrians everywhere, not only in crosswalks.
When a driver is at fault
Most pedestrian crashes come down to a driver who did not do what the law and common sense require: yield at a crosswalk, look before turning, slow down near people, or simply pay attention. Establishing that failure — and connecting it to your injuries — is the core of the case, and the evidence to prove it is usually strongest right after the crash.
No-fault, PIP and the tort threshold
Even as a pedestrian, you are covered by Massachusetts no-fault. Personal Injury Protection under General Laws chapter 90, section 34M — from the vehicle that struck you or your own auto policy — pays initial medical bills and lost wages regardless of fault. To recover for pain and suffering from the at-fault driver, you must meet the tort threshold in chapter 231, section 6D, generally more than $2,000 in medical costs or a serious injury. Pedestrian injuries almost always clear it.
Common causes of pedestrian crashes
Failure to yield at a crosswalk, drivers turning left or right into a person crossing, distraction by a phone, impairment, speeding, running a red light or stop sign, and backing up without looking are the most common causes. Poor lighting and bad weather make them worse. Each cause points to specific evidence that proves the driver, not the pedestrian, was at fault.
Crosswalk and intersection crashes
The most common pedestrian crash happens at an intersection or crosswalk, exactly where a person is entitled to cross and a driver is required to yield. When a driver strikes someone in a crosswalk, the law’s right-of-way rules make the case straightforward — provided the evidence of where the pedestrian was is preserved.
Turning vehicles
Drivers making a turn are a special danger, because they are watching for gaps in traffic rather than for the person stepping off the curb. A driver turning across a crosswalk must yield to pedestrians in it, and a failure to look before turning is a frequent and provable cause of these crashes.
Distracted and impaired drivers
A driver looking at a phone or impaired by alcohol or drugs is a grave danger to pedestrians, who have no way to protect themselves. These crashes can support not only full damages but, in cases of egregious conduct, an argument for additional recovery. Phone records and the police investigation often establish distraction or impairment.
Hit-and-run and uninsured drivers
Some of the worst pedestrian crashes are hit-and-runs, or involve a driver with no insurance. You are not without options: your own or a household member’s uninsured-motorist coverage can provide compensation even when the driver flees or cannot pay. These claims have their own rules and deadlines, and we help you use them.
The “jaywalking” defense and comparative fault
The insurer’s favorite tactic is to blame the pedestrian — for crossing outside a crosswalk, against a signal, or “darting out.” Under Massachusetts’s comparative negligence rule, chapter 231, section 85, even a pedestrian who was partly at fault can recover, with the award reduced by their share, as long as they were not more than half responsible. And a driver still has a duty to avoid hitting a person they can see, wherever they are.
Children, older adults and vulnerable pedestrians
Children darting after a ball, older adults who cross more slowly, and people using wheelchairs or mobility aids are especially at risk, and drivers are expected to anticipate them near schools, senior housing and busy sidewalks. A driver who fails to account for a foreseeable pedestrian bears responsibility when the worst happens, and the law does not excuse inattention around those least able to protect themselves.
The injuries pedestrians suffer
With no protection at all, pedestrians struck by vehicles suffer the most severe injuries — traumatic brain injuries, spinal-cord damage, broken bones, internal injuries, and often multiple serious injuries at once. Injuries like these can require surgery, long rehabilitation and lifelong care, all of which a full claim must account for.
The evidence that proves the case
These cases are proven with the physical evidence and the record around it: the point of impact and the pedestrian’s position, vehicle damage, skid marks, traffic-signal timing, and above all surveillance and traffic-camera footage, together with witness accounts. Much of it can disappear quickly, so we move immediately to preserve it and, where needed, bring in a reconstruction expert.
Dangerous crossings and public responsibility
Sometimes a crossing is dangerous by design — a missing signal, an obscured crosswalk, poor lighting, or a road built without regard for people on foot. Where a government entity’s negligence in designing or maintaining a road contributed to the crash, it may share responsibility, though claims against public entities carry short notice deadlines.
The driver’s insurer moves quickly
After a serious pedestrian crash, the driver’s insurer often reaches out fast — before your injuries are understood — to get a statement or a quick, low settlement. That early contact is not a courtesy; it is a strategy. Having your own advocate from the start keeps you from a statement that is later twisted, and preserves the evidence the insurer would rather see disappear.
How we build a pedestrian case
We move immediately to preserve nearby video before it is overwritten, canvass for witnesses, obtain the police report and any 911 records, and document the crossing and the sightlines. Where fault is disputed, we bring in a reconstruction expert to establish where you were and what the driver could and should have seen. Building that proof early is what defeats an insurer’s attempt to blame you.
The deadline to file
Under chapter 260, section 2A you generally have three years from the date of the crash to bring a claim, and far less when a public entity is responsible for a dangerous crossing. Because video and other evidence disappear within days, acting quickly protects both the proof and the claim.
What a pedestrian accident claim can include
A pedestrian claim seeks the full range of damages: past and future medical care and rehabilitation, lost wages and diminished earning capacity, and compensation for pain, disfigurement and the disruption to your life. Where a crash proves fatal, the family may bring a wrongful death claim. A properly built case accounts for all of it.
Your Brookline pedestrian accident lawyer knows these crossings.
Where pedestrians are struck in Brookline
Brookline is one of the most walkable communities around Boston, which also means people on foot are everywhere its traffic is. The busy crossings at Coolidge Corner and Washington Square, the length of Beacon Street with its light-rail tracks, Harvard Street’s shops, and the fast-moving traffic on Route 9 — Boylston Street — are all places where a driver’s failure to yield can seriously hurt someone who was simply trying to cross.
School zones and busy sidewalks
Brookline’s many schools mean children on foot at predictable times each day, and its dense commercial blocks keep sidewalks full. Drivers passing through owe these areas extra caution, and a crash near a school or a crowded crossing often reflects exactly the kind of inattention the law does not excuse, and that we work to prove.
A walkable town, and its risks
The same density that makes Brookline a wonderful place to walk puts pedestrians and drivers in constant contact, especially near the schools, shops and transit stops. Drivers turning, rushing a yellow light, or looking at a phone are a daily hazard to the people crossing around them.
Winter, dusk and low light
Many pedestrian crashes happen in the dark months, at dusk or after nightfall, when a driver’s reduced visibility meets people still crossing to and from work, transit and shops. Low light does not lower a driver’s duty to see and yield; it raises the need for care, and a driver who fails to slow down remains responsible for the harm they cause.
Care and the courts here
Serious injuries from a Brookline pedestrian crash are often treated at the hospitals in the nearby Longwood Medical Area and at Boston-area trauma centers, and claims may be handled through the Brookline District Court or the Norfolk County courts. We know the local crossings and how these cases move.
The wider region
Larson Law represents injured pedestrians across the area, including as a Brighton pedestrian accident and Cambridge pedestrian accident firm, so people beyond Brookline get the same determined help holding careless drivers accountable.
When to reach out
The sooner you call, the more of the evidence — camera footage above all — we can preserve before it is gone. Even if the driver’s insurer has already reached out or some time has passed, a short conversation costs nothing and can protect both your rights and the proof.
A claim should cover every lasting cost.
A serious pedestrian crash can carry costs that last well beyond the emergency room — surgery and rehabilitation, permanent disability, income lost during recovery and earning power lost for good, and the pain and disruption that follow a catastrophic injury. Because a pedestrian claim seeks the full range of damages, a properly built case accounts for every one of these, present and future, and pursues the careless driver and every applicable policy, so the lasting cost of someone else’s inattention does not fall on you.
Medical Bills and Future Care
Lost Wages and Earning Capacity
Pain, Suffering, and Hardship
Wrongful Death of a Loved One
Simple steps that protect your health and your claim.
Get medical care and a crash report
Get medical attention right away, even if the shock hides the pain, and make sure the police document the crash. Prompt care and an official report tie your injuries to the driver and prove the claim.
Capture the scene, plate and driver
Photograph the crossing, the vehicle and its plate, the signals and your injuries, and get the driver's details and any witness names. Camera footage nearby can be decisive so note where it may exist.
Talk to a lawyer before the insurer
Do not give a recorded statement or accept an offer from the driver's insurer, who may try to blame you for crossing. Speak with a Brookline pedestrian accident lawyer first and safeguard your rights.
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Talk to a Brookline pedestrian accident lawyer today.
If a careless driver struck you or someone you love, you should not face the medical bills and an insurer that blames you all at once. Larson Law offers a free, no-pressure case review, explains exactly where your claim stands, and charges nothing unless we recover for you.
You can learn more about our full range of Boston personal injury services, then call or message us to speak directly with a Brookline pedestrian accident lawyer about what happened, who is responsible, and what your claim may realistically be worth.
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Our Clients.
Our Practice Areas.
Larson Law represents injured people and grieving families across Boston and the surrounding neighborhoods — in pedestrian and other serious motor-vehicle crashes, and in car, truck, motorcycle, bus and wrongful death claims. Whatever the cause of the harm, the goal never changes: the full and fair recovery you are owed, pursued with genuine preparation and with no fee unless we win.
Pedestrian accident claims, answered directly.
Do I have a pedestrian accident case?
Very likely, if a driver’s negligence caused the crash that injured you. As a pedestrian, Massachusetts law gives you strong protections, including the right of way in crosswalks and no-fault benefits that begin regardless of fault. The main task is proving the driver was at fault and connecting that failure to your injuries. Because pedestrian injuries are usually serious enough to clear the tort threshold, a full claim for pain and suffering is typically available to you. A free case review is the best place to start and to learn where you stand.
The driver says I wasn't in the crosswalk. Does that end my claim?
Not at all. While drivers must yield to pedestrians in a marked crosswalk, they also owe a general duty of care to watch for and avoid hitting people everywhere. A driver who strikes a pedestrian crossing mid-block, or walking along the road, can still be at fault. Even if you shared some responsibility, Massachusetts’s comparative negligence rule lets you recover, reduced by your share, unless you were more than half at fault. The crosswalk question is rarely the end of a claim.
Am I covered if I don't own a car?
Yes. Even if you do not own a car, Massachusetts no-fault Personal Injury Protection still covers you as a pedestrian — usually through the insurance on the vehicle that struck you, and sometimes through a household member’s policy. Those benefits pay initial medical bills and lost wages regardless of fault. On top of that, you can pursue the at-fault driver for the full value of your injuries. Not owning a car does not leave you without coverage. Under Chapter 90, Section 34M, PIP pays no matter who caused the crash, and once your losses cross the tort threshold in Chapter 231, Section 6D, you may also pursue the at-fault driver for pain and suffering.
What if the driver fled the scene?
You still have options. A hit-and-run is a crime, and the police investigation, along with any nearby camera footage, may well identify the driver. If the driver is never found or turns out to have no insurance, your own or a household member’s uninsured-motorist coverage can provide compensation for your injuries. These claims have their own procedures and deadlines, so it is important to act quickly and get advice about how to pursue them properly, before those options are lost.
The insurer says it was partly my fault. What now?
Do not accept that framing. Blaming the pedestrian is the insurer’s standard move, but under Massachusetts’s comparative negligence rule you can still recover even if you were partly at fault, as long as you were not more than half responsible, with your award reduced by your share. And a driver always has a duty to avoid hitting a person they can plainly see. We counter the blame with the evidence — video, witnesses and the physical facts of the crossing — that shows what really happened, and hold the driver to their duty. Under Chapter 231, Section 85, you can still recover as long as you were not more at fault than the driver, and your award is reduced only by your share, so that blame tactic rarely ends a claim.
What are my rights in a crosswalk?
Strong ones. Under Massachusetts law, a driver must yield the right of way to a pedestrian crossing in a marked crosswalk, slowing or stopping as needed to let them pass safely. A driver who fails to yield and strikes a pedestrian in a crosswalk is almost always at fault. You also have the right to expect drivers to watch for you and drive carefully near where people walk, cross and gather, not only within the painted lines of a crosswalk but throughout the streets you share. Massachusetts General Laws Chapter 89, Section 11 requires a driver to stop for a pedestrian in a marked crosswalk, and a violation is strong evidence the driver was at fault for the crash.
What evidence matters most?
The physical evidence and the record around it. The point of impact and where you were struck, the vehicle’s damage, skid marks, the timing of traffic signals, and — most powerful of all — surveillance and traffic-camera footage, together with the accounts of witnesses. This is how we show the driver’s fault and answer any attempt to blame you. Much of it, especially video, is overwritten within days, so preserving it early is one of the most important things we do. Skid marks, the vehicle’s damage, and the final rest positions all help a reconstruction expert show the driver’s speed and path, and we move quickly to secure them before the scene changes.
What is a pedestrian accident claim worth?
It depends on the severity and permanence of your injuries, your past and future medical costs, lost income and earning capacity, and the pain and disruption the crash has caused. Because pedestrians are entirely unprotected, these injuries are often severe or lifelong, and the claim can seek the full range of damages once the tort threshold is met. Rather than quote a figure, we build the proof, identify every source of coverage, and then give you a realistic, grounded assessment of what the claim may support.
How long do I have to file?
Generally three years from the date of the crash, under Massachusetts law — and much less if a public entity responsible for a dangerous crossing is involved, where a written notice may be due within two years. Evidence disappears quickly too: camera footage is overwritten, scenes change, and memories fade. Getting a lawyer involved early is what protects both the filing deadline and the proof your case will ultimately depend on, so there is real value in calling promptly rather than waiting.
What if a loved one was killed?
We are deeply sorry for your loss. When a pedestrian is killed by a careless driver, close family members may bring a wrongful death claim for the loss of their loved one — including the loss of income, companionship, guidance and support — along with the family’s own losses. These cases are handled with care and sensitivity, while pursuing full accountability from the driver and anyone else whose negligence contributed to the crash.
What will hiring a lawyer cost me?
Nothing up front. Larson Law handles pedestrian accident cases on a contingency fee, so our fee comes only as a percentage of what we recover — if we recover nothing, you owe no attorney’s fee. Because these cases often require preserving video, investigating the scene and, at times, crash reconstruction, we advance those costs. That lets an injured person pursue a full claim and stand up to the driver’s insurer without paying anything out of pocket while the case is built.
What should I do after being hit in Brookline?
If you can, get to safety and call the police so the crash is documented, and get medical care right away — the shock of being struck can hide serious injuries. Photograph the crossing, the vehicle and its plate, the signals and your injuries, and get the driver’s information and any witness names. Note where cameras might have captured the crash. Before giving a statement to the driver’s insurer, call a Brookline pedestrian accident lawyer so the evidence is preserved and your rights protected.
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.