Massachusetts is the 15th most populous state in the United States with nearly 7 million persons and was recently estimated as the third most densely populated state in the U.S. Massachusetts residents, students and visitors walk more often now than they have in the past. Walking is good physical activity and has been shown to help fight chronic illnesses. There are non-profit pedestrian advocacy organizations in Massachusetts that promote walking and try to improve walking conditions in Massachusetts cities and towns. The combination of these things result in a greater number of pedestrians in our towns and cities. While this is great and walking is good for our health, pedestrians are at risk of being injured or even killed by motor vehicles. The Executive Office of Public Safety and Security in Massachusetts reported in 2014, that approximately 21% of all motor vehicle-related fatalities were pedestrians in Massachusetts. Although, this statistic is relatively low, in comparison to other states in the U.S., no one wants to be a statistic. So, what can you do if you or someone you know is hurt after being hit by a car?
Pedestrians Have Certain Rights in Massachusetts After Being Hit & Injured By A Motor Vehicle
A pedestrian that is hit and injured by a car in Massachusetts has the right to seek financial compensation for his or her injuries suffered in the accident. In order to be successful in a claim for compensation, however, the pedestrian must prove that the driver of the car was negligent and that the driver’s negligence was the cause of the pedestrian’s injuries.
The same principles of negligence that apply to other motor vehicle accidents apply to pedestrian accidents. The pedestrian has the burden of proving or demonstrating that the driver of the motor vehicle operated his or her car carelessly or recklessly. For example, if a driver ran a stop sign and struck a pedestrian crossing the street, the driver will be held negligent and legally responsible for the pedestrian’s injuries.
A lot of times, people hit by cars believe they are automatically entitled to compensation for their injuries. This is not true. The sheer fact that a vehicle hit a pedestrian is not evidence of the negligence of the driver of that car. It has been reported that almost a third of pedestrian fatalities result from individuals darting or running into the road. Also, with smart phones, iPods and other electronic devices, pedestrians are sometimes careless and do not pay attention, which can cause a pedestrian accident. In these situations, it would likely be the pedestrian’s fault.
But, in other situations where a pedestrian did nothing wrong, drivers and their insurance companies will try to blame the innocent pedestrian for the accident. This is why we have provided certain tips for a pedestrian to follow after being hit by a car. This will ensure the injured pedestrian can get or preserve evidence that will be necessary to successfully pursue a claim for compensation.
A Pedestrian Hit & Injured By A Vehicle Can Recover Compensation For Several Types of Damages
If a pedestrian is hit by a car and injured, the pedestrian can pursue financial compensation for the damages he or she sustained. In the typical pedestrian vs. car accident case, the pedestrian is usually left with very serious injuries, such as broken bones, severe head trauma, back and neck injuries, lacerations and scarring. Damages is financial compensation for the losses or injury a pedestrian suffered through the negligence of the driver. The pedestrian may be compensated for the following losses:
- Medical Bills: An injured pedestrian can be compensated for the out-of-pocket medical bills and expenses related to the treatment for the injuries the pedestrian suffered after being hit by a car.
- Lost Wages: If a pedestrian is struck and injured by a car and the injuries leave the pedestrian unable to work and earn money, the pedestrian can receive monetary compensation for the lost wages and lost earning capacity.
- Pain & Suffering: An injured pedestrian can also be compensated for his or her pain and suffering that are experienced after being hit by a car.
In a case where a pedestrian is hit and killed by a negligent driver, the deceased pedestrian’s family has the right to pursue a wrongful death claim against the at-fault driver. In a wrongful death case, the family of the deceased pedestrian can pursue damages for pain and suffering, loss of companionship or affection for the spouse and children of the deceased person, and loss of consortium (sexual relationship) for the spouse, in addition to economic damages.
While this is a brief overview of the types of damages an injured pedestrian can recover in a personal injury claim or lawsuit in Massachusetts, each case and their respective losses and damages is different. This is why, if you have been injured after being hit by a car in Massachusetts, you should speak with an experienced personal injury attorney. An accident lawyer, who has successfully handled pedestrian injury cases, can evaluate a pedestrian accident case and determine the proper type and amount of damages.
Massachusetts Pedestrian Accident FAQs
Who Pays My Medical Bills After a Pedestrian Accident?
Medical bills in a Massachusetts pedestrian accident are typically covered through a combination of sources. The vehicle that struck you should carry Personal Injury Protection (PIP) coverage, which pays up to $8,000 (or $2,000 if you have your own health insurance). Once PIP is exhausted, your health insurance steps in to cover ongoing treatment. If you carry MedPay coverage on your own auto policy, that can provide an additional layer of protection for out-of-pocket medical expenses.
How Long Do I Have to File a Pedestrian Accident Case in Massachusetts?
In Massachusetts, you have three years from the date of the accident to either settle your case or file a personal injury lawsuit to protect your rights. Missing this deadline will almost certainly bar you from recovering any compensation, no matter how serious your injuries are. It's important to consult with an attorney as soon as possible. This not only protects your rights, but also helps build your case from the beginning as evidence is best preserved early in the process.
Can I Still Recover Compensation If I Wasn't in a Crosswalk?
Yes. Massachusetts follows a modified comparative negligence standard, which means you can still recover compensation even if you share some fault for the accident. As long as you are found no more than 50% at fault, you are eligible to receive compensation, though your recovery will be reduced by your percentage of fault. Being outside a crosswalk may factor into the liability analysis, but it does not automatically disqualify your claim.
Will I Have to Go to Court for My Pedestrian Accident Case?
Most pedestrian accident cases in Massachusetts resolve through settlement negotiations, without ever going to court or trial. Insurance companies generally prefer to settle valid claims rather than face a jury. That said, some cases do require litigation, particularly when liability is disputed or an insurer refuses to offer fair compensation. Having an attorney prepared and willing to take your case to court often leads to better settlement outcomes even when a trial never happens.
What Compensation Can I Recover in a Massachusetts Pedestrian Accident Case?
Pedestrian accident victims in Massachusetts may be entitled to several categories of compensation. This includes payment for all medical bills (past and future) as well as lost wages and diminished earning capacity if your injuries affect your ability to work. You may also recover for pain and suffering, which accounts for the physical pain and emotional distress caused by the accident, as well as for any permanent loss of function or disability resulting from your injuries.
Real Results for Pedestrian Accident Victims
Framingham car accident attorney Chuck Pappas has a proven track record of recovering meaningful compensation for pedestrian accident victims across Massachusetts. He recovered $895,000 for a worker struck by a vehicle on Route 9 in Worcester, MA, $425,000 for a pedestrian struck by a car in a Westwood parking lot, $300,000 for a worker hit by a vehicle in Boston, and $200,000 for a woman struck by a car in Worcester. Every case is different, and prior results do not guarantee a similar outcome, but these results reflect Attorney Pappas' commitment to fighting for full and fair compensation for injured pedestrians in Massachusetts.
Our Framingham Accident Attorneys Can Help Injured Pedestrians Get The Money They Deserve
If you, or someone you know, has been hit and injured by a car in Massachusetts, you should consult with an experienced injury attorney. An experienced accident lawyer can assess your case, locate and determine all negligent or responsible parties and estimate the value of the accident victim’s damages. Most importantly, an accident lawyer can protect an injured pedestrian’s rights and make sure they get the money they deserve for their injuries.
Insurance companies are tough on pedestrian accidents. They will assert clever defenses to protect their drivers and insureds, while blaming the pedestrian for the accident. This way an insurance company can either deny a claim entirely or argue that the pedestrian was contributorily negligent so they can reduce the amount of any potential settlement.
Mahaney & Pappas, LLP has decades of experience handling personal injury claims, including pedestrian accidents. We have taken on the insurance companies and successfully represented persons, who have been struck and seriously injured by motor vehicles. Our litigation skills and experience offer accident victims an advantage against the insurance companies.
To schedule your free case review today, please call us (508) 879-3500 or contact us online. We will help answer your questions and make sure your rights are protected.
