Pedestrian accidents can lead to catastrophic injuries and, in the most serious cases, death. If you have lost a loved one in a pedestrian accident caused by a motorist’s negligence, let our skilled Massachusetts personal injury attorneys handle the case. At The Law Offices of Barry Feinstein & Affiliates, P.C., we are committed to protecting the rights of our clients and helping them secure the maximum possible compensation in their cases. There are strict time limits in all personal injury cases so it is imperative to act as quickly as possible after an accident.
A Boston woman is facing multiple charges in connection with a deadly pedestrian wreck in Revere that took the life of a 5-year-old and left five others injured. Law enforcement states that the woman was driving an SUV when her automobile veered off the road and into a median strip that divides the highway. The pedestrians were reportedly strolling alongside the grass median strip at the time that they were struck. Many of the victims were rushed to the hospital, including a two-month-old girl who ended up in the hospital’s intensive care unit. Prosecutors stated in court that the woman had been drinking earlier in the day and taken a sleep aid as well as a drug to relax her muscles the night before. They claimed the driver had also confessed to vaping CBD oil in the SUV and said she may have dozed off behind the wheel.
Liability for a Pedestrian Accident
Unlike a motorist, a pedestrian has no safeguards such as a seatbelt, windshield and/or airbag in the event of an accident. As a result, in nearly all accidents involving a motorist and pedestrians, pedestrians sustain far more serious injuries than the motorist. These injuries can be extremely costly to treat, but fortunately the law sometimes allows for recourse. A pedestrian who has been injured in an accident caused by a motorist may be able to recover compensation for his or her injuries through a personal injury lawsuit, which may establish that the motorist was negligent. A driver is negligent when he or she causes an accident and its resulting harm by failing to use the level of care that an ordinarily prudent person would have used in the same or similar circumstances.
Comparative Negligence
Pedestrian accidents happen either because motorists are negligent or because pedestrians are not following the rules of the road. In many cases, both parties share fault for the accident and resulting injuries. Massachusetts’s law takes this into account and uses the 51 percent comparative negligence rule. Under this rule, plaintiffs can only recover damages in their case if their share of the claim was less than 51 percent. If plaintiffs are deemed to be 51 percent or more at fault, they are barred from recovery.
Contact a Trusted Massachusetts Pedestrian Accident Attorney
Pedestrian accidents can have devastating consequences for the pedestrian and his or her family.At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned pedestrian accident attorneys will thoroughly examine your case and advise you of your rights accordingly. While we will do out best to negotiate an out-of-court settlement, we are not afraid to vigorously advocate for your rights at trial. To learn more about what our legal team can do for you, call us at 1-800-262-9200 or reach us through our website.
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