This past Monday a woman was walking across Route 9 in Framingham, Massachusetts when she was hit by a car. This was reported by the Metrowest Daily News. The woman suffered serious leg injuries and was rushed to the emergency room. This pedestrian accident is under investigation by the Framingham Police Department, but it was reported that the woman was not in a cross walk, but was near one.
Pedestrian Accidents & Serious Injuries Are Common Occurrences
Pedestrian accidents are common, especially in a busy state like Massachusetts and busy cities like Boston and Framingham. The National Highway Traffic Safety Administration estimated that 70,000 pedestrians were injured after being struck by a motor vehicle in 2015. This is just an example of how many pedestrian accidents occur.
Serious injuries are almost inevitable when a pedestrian is struck by a motor vehicle. This is especially so when the vehicle is traveling at high speeds. Route 9 in Framingham is a major state highway in Massachusetts. The speed limit varies on this highway, but some stretches of this highway have a 50 mph speed limit. In a pedestrian accident like the one reported above, there can be issues of liability that arise, which can make it tough for an injured pedestrian to recover compensation for injuries suffered in the accident.
Issues of Liability in Pedestrian Accidents
As with all personal injury cases in Massachusetts, in order for the injured party to recovery compensation, he or she must establish that the other party was negligent. Negligence is the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. If the other party is found to have been negligent, he or she will be held legally responsible for the injured party’s damages and losses.
A pedestrian hit and injured by a car must present evidence that the driver of the car was negligent or careless. These cases can be tough for pedestrians, especially if they were not in a crosswalk. Many facts must be investigated in order to determine who was at fault for the accident. For example, the speed of the car, the time of day and lighting, and what the driver was doing at the time of the crash will all be important in determining if the driver was negligent.
Sometimes, there may be no direct evidence of negligence, but a driver’s negligence may be inferred from the facts of the case. For example, a driver was found negligent in a Massachusetts pedestrian accident case for striking a pedestrian crossing the road even though there was no direct evidence that the driver was negligent. In that case it was reasonably inferred that the pedestrian was in plain view of the driver and that the driver failed to exercise due care and could have stopped or turned to avoid hitting the pedestrian.
For these reasons, it is important that a pedestrian, who was hit and seriously injured by a car, consult with a personal injury attorney. An experienced injury lawyer can properly advise the injured pedestrian, investigate the accident, and protect their clients’ rights all in pursuit of full and fair compensation for the injuries suffered in the accident.
Speak with an Experienced Accident Attorney
Mahaney & Pappas, LLP has over 35 years of experience handling personal injury claims. We have successfully represented clients, who were hit and seriously injured by cars while walking. We offer accident victims quality legal representation in pursuit of fair compensation for their injuries.
For a free case evaluation please call us today at (508) 879-3500 or contact us online.