Massachusetts Pedestrian Accident Lawyer

In Massachusetts, drivers are required by law to yield to pedestrians in both marked and unmarked crosswalks. If a driver failed to yield and struck you while you were lawfully crossing, they are likely liable for your injuries. Our attorneys investigate the accident, obtain the police report, review surveillance footage, and gather witness statements to establish the driver’s liability.

Jaywalking — crossing outside a marked crosswalk — may be raised as comparative negligence by the defense to reduce what you can recover. However, it does not automatically bar your claim. Under Massachusetts modified comparative negligence rules, you can still recover as long as you were not more than 50% at fault. Even a pedestrian crossing mid-block may have a strong claim if the driver was speeding, distracted, or impaired.

Call 911 immediately. Do not move if you suspect serious injuries — wait for emergency services. Seek medical attention even if you feel okay; adrenaline can mask serious injuries including internal bleeding and brain injuries. Document the scene with photos if possible, and get contact information from witnesses. Do not give a recorded statement to any insurance company before consulting an attorney.

In most Massachusetts pedestrian accident cases, you have three years from the date of the accident to file a personal injury lawsuit. Claims against government entities (such as for a dangerous crosswalk or traffic signal) may have shorter notice deadlines. Contact an attorney as soon as possible to protect your rights and preserve evidence.

Massachusetts’s no-fault PIP coverage applies to occupants of motor vehicles and, in some circumstances, to pedestrians struck by an insured vehicle. Your own auto insurance PIP may cover some initial medical bills even though you were not in a vehicle. However, for significant injuries, the primary source of compensation is typically the at-fault driver’s liability insurance. Our attorneys analyze all available coverage in every case.

If the driver fled the scene, contact police immediately — a hit-and-run is a criminal offense in Massachusetts. If the driver is never identified, you may be able to make a claim under your own uninsured motorist (UM) coverage. Massachusetts law requires insurers to offer UM coverage, which can apply in hit-and-run situations. Our attorneys evaluate all available coverage options when the at-fault driver cannot be identified.

Pedestrian accidents frequently cause severe injuries and substantial damages. The value of your case depends on the severity and permanence of your injuries, your medical expenses and lost wages, the long-term impact on your ability to work and enjoy life, and the strength of the evidence of driver fault. Cases involving serious or catastrophic injuries can result in significant recoveries. Contact us for a free assessment.

Many pedestrian accident cases settle before trial when liability is clear and the injuries are well-documented. However, insurers representing negligent drivers sometimes dispute liability or the extent of injuries to reduce their exposure. When a fair settlement cannot be reached, we are fully prepared to try your case before a jury and present compelling evidence of the driver’s negligence and your full damages.