Types of Pedestrian Injury Claims We Accept in Boston
The Law Office of John J. Sheehan handles pedestrian injury cases involving:
- Drivers who fail to stop for people in marked crosswalks;
- Turning vehicles that hit pedestrians at intersections;
- Cars, trucks, or delivery vans that jump curbs or enter sidewalks;
- Drivers backing out of parking spaces, driveways, alleys, or loading zones;
- School zone and bus stop pedestrian crashes;
- Parking lot pedestrian accidents;
- Hit-and-run pedestrian accidents;
- Uninsured or underinsured drivers;
- Delivery vehicle, rideshare, taxi, bus, and company vehicle crashes;
- Claims where the insurance company blames the pedestrian for crossing outside a crosswalk or against a signal.
Pedestrian cases often turn on small details: the traffic light sequence, the crosswalk location, whether the driver was turning, whether another vehicle was stopped, how fast the driver was moving, and whether cameras captured the crash.
Why Boston Pedestrian Accidents Are Different
Boston's layout (narrow streets, heavy foot traffic, and constant construction) elevates risk. Even if a driver claims they didn't see you, they are legally obligated to maintain a lookout, yield, and control their speed.
Boston’s Vision Zero resources track crash patterns and dangerous locations across the city. Those records can help show why a certain intersection, crossing, or corridor is known for pedestrian danger.
National crash data also shows the seriousness of pedestrian injuries. The Governors Highway Safety Association reported that drivers struck and killed 7,148 pedestrians in the United States in 2024.
Massachusetts Pedestrian Right-of-Way Law
Massachusetts law gives pedestrians protection in marked crosswalks. Under M.G.L. c. 89, § 11, when traffic signals are not in place or not working, a driver must yield to a pedestrian in a marked crosswalk if the pedestrian is on the same half of the road as the vehicle or within 10 feet of that half. The law also prohibits a driver from passing another vehicle that has stopped at a crosswalk for a pedestrian.
This law often matters when a pedestrian is hit because a driver:
- Rolled through a crosswalk
- Turned into a person who was already crossing
- Passed a stopped vehicle near a crosswalk
- Drove too fast for the area
- Focused on traffic instead of checking for people on foot
A crosswalk helps your case, but it does not prove everything by itself. Photos, video, witness names, the police report, medical records, and the driver’s statements can all affect the outcome.
Who May Be Responsible for a Pedestrian Accident
Most claims start with the driver who hit the pedestrian. Depending on the facts, other parties may also be responsible.
- The driver may be liable for speeding, distracted driving, failing to yield, unsafe turning, impaired driving, or backing up without checking for pedestrians.
- An employer may be responsible if the driver was working at the time of the crash, such as a delivery driver, company vehicle driver, rideshare driver, taxi driver, contractor, or service worker.
- A vehicle owner or commercial company may be part of the claim if a business vehicle, delivery van, truck, or fleet vehicle caused the crash.
- A public entity or transit operator may be involved if the crash involved an MBTA vehicle, city vehicle, state vehicle, or a dangerous public property condition. These claims may have special notice rules and shorter deadlines.
A pedestrian accident attorney in Boston can identify available insurance coverage and the parties who should be included in the claim.
Common Injuries After a Pedestrian Accident
Pedestrian crashes often cause serious injuries because the person walking absorbs the full force of the vehicle and the full force of striking the hard ground. Common injuries include:
- Concussions and traumatic brain injuries
- Broken bones and fractures
- Hip, pelvis, knee, ankle, and foot injuries
- Back, neck, and spinal injuries
- Internal bleeding or organ damage
- Shoulder, wrist, and hand injuries from the fall
- Cuts, scarring, and facial injuries
- Chronic pain and reduced mobility
- Anxiety, sleep problems, and trauma after the crash
- Fatal injuries and wrongful death
Some injuries are not obvious at the scene. A pedestrian may feel pain hours or days later, especially with head, back, neck, or internal injuries. Prompt medical care also creates records that connect the injury to the crash.
Hit While Walking in Boston?
Talk to our experienced attorney and his skilled team before giving a recorded statement to the insurance company.
Who Pays First — and What Happens If They Blame You
1. PIP may pay first. Massachusetts no-fault insurance can cover initial medical bills and part of your lost wages after a pedestrian crash. Under M.G.L. c. 90, § 34A, PIP can apply when a pedestrian is hit by a covered motor vehicle.
2. A serious injury claim may go beyond PIP. PIP is usually not enough after a major pedestrian injury. If your medical bills exceed $2,000, or the crash caused a fracture, serious disfigurement, loss of sight or hearing, loss of a body member, or death, you may be able to pursue pain-and-suffering damages under M.G.L. c. 231, § 6D.
3. Shared fault does not always block recovery. The insurer may say you crossed too quickly, were outside the crosswalk, or missed a signal. Massachusetts has a comparative negligence law under M.G.L. c. 231, § 85, meaning you can recover compensation even if partially at fault, as long as you're 50% or less comparatively negligent. Your recovery would be reduced by your percentage of fault.
Example: If you are found 20% at fault, your compensation is reduced by 20% — not denied entirely.
What Compensation Can You Recover
A pedestrian accident claim may include both financial losses and personal losses. The value depends on the injury, treatment, work impact, available insurance, and proof of fault.
You may be able to recover compensation for:
- Ambulance and emergency room care
- Hospital stays and surgery
- Doctor visits, physical therapy, imaging, medication, and injections
- Future medical care
- Lost wages
- Reduced future earning capacity
- Transportation to medical appointments
- Help with household tasks during recovery
- Medical equipment or mobility devices
You may also be able to recover damages for:
- Physical pain
- Emotional distress
- Loss of sleep
- Fear of walking near traffic
- Scarring or disfigurement
- Permanent limitations
- Loss of enjoyment of normal activities
- Effects on family life, including loss of consortium for your spouse
If a pedestrian accident is fatal, surviving family members may have a wrongful death claim.
What to Do After a Pedestrian Accident in Boston
Take these steps when your health and safety allow:
- Call 911 and ask for police and medical help.
- Get medical care, even if you think the injury is minor.
- Take photos of the vehicle, crosswalk, traffic signals, street signs, road conditions, and visible injuries.
- Get the driver’s name, phone number, license plate, insurance company, and vehicle details.
- Ask witnesses for names and phone numbers.
- Look for nearby cameras on businesses, homes, buses, rideshare vehicles, or dashcams.
- Do not argue about fault at the scene.
- Do not give a recorded statement to the insurance company before speaking with a lawyer.
- Keep medical bills, discharge papers, work notes, photos, and all insurance letters.
- Call a Boston pedestrian accident lawyer before evidence is lost.
Massachusetts also requires a crash report when someone is injured, killed, or when property damage exceeds $1,000. Spanish-speaking pedestrians should ask for a Spanish-speaking officer, interpreter, or translated explanation before signing anything.
Claim Your Free Case Evaluation Now
If you were struck while walking, our Boston lawyers will prove liability, prevent insurers from blaming you, and seek full compensation under Massachusetts law.
