It was reported by Fox25 Boston over the weekend that a 60 year old driver of an SUV backed up the vehicle on Moody Street in Waltham, MA and struck three people. No criminal charges have been filed against the driver yet. Just because the police do not charge a driver with a crime involving a motor vehicle doesn’t mean the accident victims cannot pursue bodily injury claims against the driver.
Pedestrians Hit by a Car Can Seek Financial Compensation for Their Injuries
As in the accident reported by Fox25, if a pedestrian is struck and injured by a car in Massachusetts, they are able to file a claim for bodily injury. Their claim will seek financial compensation against the car’s driver (and their insurance company) for the injuries suffered by the pedestrian in the accident. As with any other personal injury case, the pedestrian must establish that the driver of the car was negligent and that the driver’s negligence was the cause of the pedestrian’s injuries. So, it doesn’t matter whether the police choose to take out criminal charges against the driver or not. The standard for taking out criminal charges vs. proving negligence are completely different.
The same principles of negligence that apply to other motor vehicle accidents apply to pedestrian accidents. An injured pedestrian has the burden of proving or demonstrating that the driver of the motor vehicle operated his or her car carelessly or recklessly. If the injured pedestrian can prove the driver was negligent, then they will be held legally responsible for the pedestrian’s injuries.
An Injured Pedestrian is Entitled to PIP Benefits To Help Pay Medical Bills
In pedestrian accident cases, we often are asked about who is responsible to pay for the injured pedestrain's medical bills. If a pedestrian is hit and injured by a car in Massachusetts they are entitled to PIP (Personal Injury Protection) benefits from the auto insurance carrier that insures the vehicle that hit them. These benefits will pay a portion of the pedestrian’s medical bills and lost wages, if any.
Once the PIP benefits are exhausted, the injured pedestrian’s health insurer will pay the further medical bills for treatment related to the accident. At the conclusion of the injured pedestrian’s medical treatment, he or she will seek compensation and/or reimbursement for the outstanding medical bills from the vehicle’s insurance company.
Have you Been Hit and Injured by a Car in Massachusetts?
If you have suffered injuries after being hit by a car in Massachusetts, you may be entitled to financial compensation. You may have many questions about what to do and what your rights are. If so, feel free to call us at (508) 879-3500 or contact us online to schedule a complimentary meeting and case evaluation. We will explain to you what your legal rights are and how we can best help you.