Pedestrian Accident Lawyer in Massachusetts

Pedestrian Accidents in Massachusetts

Pedestrians struck by motor vehicles sustain some of the most severe injuries seen in personal injury law. With no structural protection, no airbags, and no seat belt, the pedestrian’s body absorbs the full force of the vehicle impact. Traumatic brain injury, spinal cord injuries, multiple long bone fractures, internal organ injuries, and serious road surface injuries are common consequences. When a driver’s negligence causes a pedestrian accident, the driver and in some cases other parties are fully responsible for every consequence. Attorney Jeffrey C. Lavey represents pedestrian accident victims throughout Massachusetts.

Driver Duties to Pedestrians Under Massachusetts Law

Massachusetts law imposes specific duties on drivers with respect to pedestrians. Drivers must yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections. Drivers must exercise due care to avoid striking any pedestrian on the roadway. Drivers must sound a horn when necessary to warn pedestrians of approaching danger. A driver who fails any of these duties and strikes a pedestrian is negligent per se with respect to the violated duty. Attorney Lavey identifies every applicable duty violation in every pedestrian accident case.

The “Pedestrian Error” Defense

Drivers and their insurers often claim that the pedestrian was at fault, by crossing against a signal, jaywalking, or walking in an unexpected location. Massachusetts comparative negligence rules mean that a pedestrian’s own fault proportionally reduces but does not eliminate their recovery as long as fault does not exceed 50%. Attorney Lavey challenges fault attributions to pedestrians with the specific facts of the accident, the applicable traffic laws, and the driver’s own duty to observe and yield to pedestrians who are on or near the roadway.

Hit-and-Run Pedestrian Accidents

Pedestrian hit-and-run accidents are unfortunately common and devastating. A driver who strikes a pedestrian and flees the scene is both criminally liable and civilly responsible for the resulting injuries. In the civil context, if the driver cannot be identified, the pedestrian’s own uninsured motorist coverage may compensate for the hit-and-run driver’s liability. Attorney Lavey works with law enforcement investigators to identify the responsible driver where possible and pursues all available coverage when the driver remains unidentified.

Compensation for Pedestrian Accident Victims

Pedestrian accident compensation covers all emergency medical expenses, all hospitalization and surgical costs, all rehabilitation expenses including physical and occupational therapy, all lost wages and future earning capacity, pain and suffering reflecting the severity and permanence of pedestrian injuries, and in fatal cases, wrongful death damages for surviving family members. The severe nature of pedestrian accident injuries means that these cases often involve the largest damages seen in ordinary personal injury practice. Attorney Lavey pursues every element of available compensation for every pedestrian accident victim.

Frequently Asked Questions