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Recovering Compensation As a Massachusetts Pedestrian Struck by a Motor Vehicle

Massachusetts accidents involving pedestrians struck by motor vehicles are one of the most devastating types of accidents a person can experience. The physical, psychological, and subsequent financial damages can have a lifelong impact on a person’s livelihood. Massachusetts pedestrian accidents involving motor vehicles can often lead to significant head injuries, spinal cord damages, broken bones, lacerations, and even death. All of these situations present significant expenses to a victim.

For instance, a recent Boston news report described a catastrophic accident that left a 28-year-old pedestrian in critical condition. According to witnesses, a driver in a Toyota Corolla was traveling east near Memorial Drive and DeWolfe Street when she hit the pedestrian. The driver did not suffer injuries and remained on the scene until emergency responders arrived. State Police told reporters that the case is under investigation.

After a Boston pedestrian accident involving a motor vehicle, a person or their loved ones should contact an attorney to discuss their rights and remedies against the negligent party. Pedestrians who wish to recover against a negligent driver must be able to prove that the other driver breached their duty of care and that breach resulted in the victim’s damages. In many cases, an insurance company is the first step in recovering damages. A party may not proceed with a personal injury lawsuit against the culpable party unless the victim meets the state’s tort threshold limits. For instance, a party may only file a lawsuit if the accident resulted in certain damages totaling $2,000 or higher. These damages must involve medical costs, broken bones, eye or ear injuries, permanent scarring or disfigurement. A pedestrian claim involving a motor vehicle accident may only proceed if it fits into this criteria.

Massachusetts law allows pedestrians struck by motor vehicles to recover for economic and non-economic damages. Economic damages are those that have tangible, objective costs, such as lost wages and medical expenses. In contrast, non-economic damages are those subjective losses that are harder to quantify such as, pain and suffering, loss of consortium or quality of life.

Boston injury victims must appreciate the complexity of these cases, as there are significant procedural and substantive rules that may limit recovery. For example, pedestrian accident victims struck by motor vehicles must abide by the state’s three-year statute of limitations. There are certain exceptions to this limitation depending on a cases’ unique facts and circumstances. Further, pedestrian victims hit by drivers must be able to refute claims of contributory negligence. Massachusetts follows the modified comparative negligence theory, allowing injury victims to recover if their blame was less than 51%. Pedestrian plaintiffs suing drivers who hit them must prepare and present a compelling case to defend against any comparative negligence defenses.

Have You Suffered Injuries in a Pedestrian Accident Involving a Motor Vehicle?

If you or someone you love has suffered injuries or died in a Massachusetts motor vehicle accident, contact the Law Offices of Barry Feinstein And Affiliates P.C. The attorneys at our law firm have over 25 years of experience advocating on behalf of Massachusetts injury victims against big insurance companies, negligent government entities, and at-fault motorists. We provide clients with respect, compassion, and zealous advocacy in their recovery claims. Contact our office at 800-262-9200 for a confidential and free initial consultation.


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