Pedestrian Accident Lawyers in Boston

Pedestrian accidents can be devastating, leaving the pedestrian accident victim with severe injury or catastrophic injury that can have a lasting impact on their lives. If you or a loved one has been involved in a pedestrian accident in Massachusetts, it is important to seek the help of pedestrian accident lawyers in Boston who can fight for your rights and ensure you receive the pedestrian injury compensation you deserve. 

Quick Summary:

• Pedestrian accidents can cause severe injuries due to the lack of pedestrian protection. Common injuries include spinal cord damage leading to paralysis, traumatic brain injuries with lasting effects, soft tissue damage, and broken bones. Even emotional distress can be a consequence, and in the worst cases, these accidents can be fatal.
• After a pedestrian accident in Massachusetts, it is important not to panic and bolt suddenly. If you are hit by a car in Massachusetts, call 911, exchange information with everyone involved, and document the scene. Then, consult an attorney to help you deal with insurance companies and maximize your potential compensation.
• In most states, the person who caused the pedestrian accident is responsible for the costs. But Massachusetts is a no-fault state, which means PIP insurance will cover medical expenses regardless of fault. Anyone involved in a pedestrian accident in Massachusetts should seek medical attention as PIP will cover the expenses. Massachusetts also follows a comparative negligence law, which means you can seek compensation even if partly at fault, but the award is reduced based on your share of the blame. Insurance companies will likely argue for a higher percentage of your fault, making it harder to get full compensation. 
• Massachusetts law allows pedestrians to sue even if they were partially at fault, as long as the driver was more than 50% responsible. However, any compensation awarded is reduced by the pedestrian’s percentage of fault. Insurance companies will often try to blame the pedestrian, so consulting a lawyer is recommended.
• Massachusetts has a statute of limitations or deadline to sue for filing a pedestrian accident lawsuit. In most cases, you have three years from the accident date to file your claim. There are exceptions for certain individuals, such as minors and those with disabilities. They may have more time to file after reaching adulthood or regaining competency.

What are Pedestrian Accidents?

Pedestrian accidents involve a motor vehicle hitting someone on foot and often result in severe injuries due to the lack of protection for pedestrians. These accidents can happen anywhere, but common causes include drivers who are distracted, fail to yield the right of way, or speed. If you’re struck by a car as a pedestrian, it’s important to seek medical attention and understand your legal rights.

Pedestrian accidents often result in serious injuries or death, especially when a car hits a pedestrian at high speed. But even at lower speeds, a car can cause significant damage to a person. Drivers or the victim must know what to do in the event of a pedestrian accident, as well as learn the types of pedestrian injuries and who will be responsible for your medical bills and your legal options.

What are the Common Pedestrian Accident Injuries?

It’s commonly known that pedestrian accidents can result in injuries, ranging from mild to life-threatening. Before obtaining compensation, learn more about the common pedestrian accident injuries you could be suffering from. Learning about your injuries can make or break your chances of collecting damages.

• Broken Bones and Fractures: Pedestrian accidents can cause fractures in various places, including the wrists, hands, arms, legs, elbows, shoulders, collarbones, ribs, and hips. The severity of the break will determine the treatment needed, but all fractures need medical attention.
• Soft Tissue Injuries: These are injuries to muscles, ligaments, and tendons. Common soft tissue injuries sustained in pedestrian accidents include sprains, strains, and contusions (bruises). While these may seem minor, they can be painful and limit mobility for weeks or months.
• Head and Brain Injuries: The head is especially vulnerable in a pedestrian accident. Injuries can range from mild concussions to life-threatening traumatic brain injuries (TBIs). Symptoms of a head injury can include headaches, dizziness, confusion, and memory problems.
• Spinal Cord Injuries: These are some of the most serious injuries resulting from pedestrian accidents. Damage to the spinal cord can cause paralysis, loss of sensation, and other long-term complications.
• Other Potential Injuries: Pedestrian accidents can also cause nerve damage, jaw and dental injuries, and emotional distress.

What Do I Do After a Pedestrian Accident?

Pedestrian accidents can happen anywhere, at any time. Did you know that even your actions after an accident are important when collecting damages? If you get hit by a car, there are some steps you should take right away to protect your health and legal rights.

• Dial 911 immediately if you’re involved in a pedestrian accident, it is important to get medical help urgently.
• Get contact and insurance information with the driver that hit you. If the driver is not the vehicle owner, get the owner’s contact and insurance details as well. This will help to ensure you can file a claim with the appropriate insurance company.
• It is advisable not to discuss who caused the accident or who is to blame. Instead, focus on your legal options and what you can do to protect your rights.
• Call the police to the scene, so they can investigate and produce a police report. This will help to ensure that all the facts are documented and that you have a strong pedestrian accident case if you need to pursue legal action as a pedestrian accident victim.
• Take photos of the accident scene, your injuries, and the damage to the car that hit you. This proof can be helpful when filing a case and is evidence of how badly you were injured.
• Look for witnesses to the collision, and ask for their names and contact information. These witnesses can provide valuable testimony of what they saw in the motor vehicle accident. If you are unable to get this information at the scene, you may be able to find it through a police report or other public record.

It is important to know that you may be entitled to recover damages through a personal injury claim. While the experienced personal injury attorney at your law office can help you navigate the process, it is generally advisable to notify your insurance company immediately following the accident. Doing so will make sure you are following the rules of your policy and give the insurance company a chance to look into the claim and start working on your behalf.

Who is Liable in a Pedestrian Accident?

In most states, the individual responsible for the pedestrian accident is liable for these costs. However, in Massachusetts, things work a bit differently. 

Massachusetts is a no-fault state, which means that regardless of who caused the accident, PIP (personal injury protection) will cover the medical expenses. This coverage is available to anyone driving your car, living in your household, passengers in your vehicle, and pedestrians. 

So if you or someone you know is involved in a pedestrian accident in Massachusetts, don’t hesitate to seek medical attention—the expenses will be covered. Following a pedestrian-motor vehicle accident, you may have the following options:

• The motor vehicle driver was involved in the collision.
• The owner of the motor vehicle involved in the accident, if they are not the same as the drivers.
• The drivers’ employers if the drivers were on company business when the accident occurred.
• Anyone who caused the accident. This can vary from a government organization that failed to maintain a road or crosswalk light to the injured pedestrian’s own auto and health insurance companies.

You can always use your health insurance to cover your medical bills. Your insurance may seek compensation from the at-fault party in the pedestrian or motor vehicle accident. Any settlement or court award you get may include a medical provider claim. In Massachusetts, you may seek compensation from the other party if you’re severely injured.

What is Comparative Negligence According to Massachusetts Law?

It can be an uphill battle to get compensation after a pedestrian accident. Insurance companies often try to shift blame to the pedestrian, arguing they should have been more careful. Even if you weren’t in a crosswalk, Massachusetts law (Chapter 231, Section 85) allows you to seek compensation if the driver was mostly at fault. However, insurance companies will likely fight this.

There’s also the issue of shared fault. If you’re found partly responsible for the accident, your compensation will be reduced based on your percentage of fault. For example, if you’re 20% at fault, you’ll only receive 80% of the total damages you suffered.

What is the Statute of Limitations in Massachusetts For Pedestrian Accidents?

In Massachusetts, you only have three years to file a compensation claim. Waiting can severely hurt your case—evidence weakens over time, witness memories fade, and the chance of a fair settlement decreases. Missing this three-year window could cause you severe losses in terms of damages. 

While this rule might seem strict, the state allows certain exemptions. These exemptions pertain to specific situations wherein the plaintiffs are extended grace in filing. 

One of these exceptions is the so-called “discovery rule.” Under this rule, the clock starts ticking on the statute of limitations deadline when a plaintiff discovers (or reasonably should have discovered) that they were harmed by the defendant’s negligence. The discovery rule would be important, for example, in a case where someone was exposed to toxic chemicals at their job, but only learned about it when they began suffering health problems years later. 

Other exemptions include:

• Minors and the Mentally Ill: The law recognizes that children and those with mental limitations may not be able to understand their legal rights. The three-year deadline for filing a pedestrian accident claim is paused for these individuals until they reach adulthood or regain the capacity to manage their legal affairs.
• Out-of-State Defendants: Tracking down the person responsible for your accident can be challenging, especially if they live outside of Massachusetts. This exception ensures the three-year clock doesn’t start ticking until the at-fault party returns to the state, giving you a better chance to locate them and file your claim.
• Concealment: If the at-fault party actively concealed their role in your injuries, the clock might be stopped while that deception lasted. Sometimes, the person who caused your accident might deliberately try to hide their involvement. This “fraudulent concealment” can pause the three-year deadline. 

Why Do I Need Pedestrian Accident Lawyers in Boston?

Pedestrian accidents can be severe, and those who are injured often face a long road to recovery. If you or a loved one has been involved in such an accident, it is important to have an experienced personal injury attorney on your side. The right pedestrian accident attorney will fight for your rights and seek the compensation you deserve. Here are ways a lawyer can help you in your case:

• Maximize Compensation and Fight for What You Deserve: Boston pedestrian accidents can cause severe injuries and lost wages. Insurance companies may downplay your claim. An attorney can fight for the compensation you deserve for medical bills, pain and suffering, and lost income.
• Navigate Complexities of Shared Fault Laws: Massachusetts has “comparative negligence” laws. Even if partly at fault, you can recover damages. An attorney understands these laws and calculates the appropriate compensation considering your share of the fault.
• Gather Crucial Evidence While Memories Are Fresh: Since evidence weakens over time and witnesses move away or forget details, an attorney can act swiftly to secure witness statements, accident scene photos, and medical records to strengthen your case.
• Level the Playing Field Against Insurance Companies: Insurance companies have vast resources and proficient lawyers. An attorney can protect your rights, handle complex legal matters, and negotiate aggressively on your behalf.
• Peace of Mind During a Difficult Time: Pedestrian accident injuries and legal issues can be overwhelming. An attorney can handle the legal burden, allowing you to focus on healing and recovery.

Call our Pedestrian Accident Lawyers in Boston Now!

If you have been involved in a Boston pedestrian accident in Massachusetts, it is important to seek experienced legal help immediately. The Law Offices of Barry Feinstein & Affiliates, P.C., have over 25 years of experience representing numerous pedestrian accident victims in Boston and throughout Massachusetts. 

We know what it takes to win, and we will work tirelessly to get you the best possible outcome. We understand the challenges you are facing, and we will do everything we can to help you get through this difficult time.

Our pedestrian accident lawyers in Boston are prepared to assist you in other personal injury areas such as car accidents, drunk driving incidents, medical malpractice, and more.   We have the knowledge and resources to get you the best possible outcome in your case. Contact us today for a free consultation.