Boston Pedestrian Accident Lawyer

Streets in Boston are often teeming with activity, and rush hour can delay traffic for miles. Unfortunately, amidst all this action, pedestrian accidents commonly occur. While Massachusetts law generally favors the rights of pedestrians over motorists, determining who had the right of way prior to an accident can be a crucial factor in a pedestrian accident case.

Whether your injury was suffered at an intersection or on the sidewalk, a pedestrian accident attorney in Boston qualified to handle personal injury cases may be able to help you successfully pursue monetary recovery from the responsible party. An experienced Boston pedestrian accident lawyer could explain your legal options and fight on your behalf for the compensation you are entitled to under state law. Call our law offices at (617) 925-6407 for a free case review.

Is the Pedestrian or Driver Liable in a Boston Pedestrian Accident Case?

Several Boston-area traffic regulations are in place to protect pedestrians from motor vehicles. However, many pedestrians are nonetheless injured in auto accidents due to negligence on the part of a careless driver.

Motorists in Boston have a duty to exercise reasonable care when operating their vehicles. If a car, truck, or other vehicle strikes a pedestrian, the victim can seek to hold the driver accountable for negligent behavior. Under Massachusetts law, the plaintiff has the burden of proving that the driver:

  • Owed them a duty of care
  • Breached that duty
  • Caused harm to the victim by violating their duty of care

The crux of establishing liability usually lies in proving that the driver’s breach of duty was the direct cause of the victim’s injuries. In other words, the injured plaintiff must demonstrate that injuries would not have occurred had the defendant not acted the way they did, and that their injuries were a probable outcome of the defendant’s carelessness.

Massachusetts is a no-fault state, meaning pedestrians hit by a car will have their medical bills and/or lost wages paid by the automobile insurer for the car that hit them, provided that the car is registered in Massachusetts. If the car is registered in another state, then the out-of-state insurance policy benefits would apply such as, for example, PIP or MedPay.

Pursuant to Mass Gen L Ch. 231 Sec 6D, pedestrians injured in a car accident may file a claim or lawsuit for pain and suffering damages if all of their related medical expenses are more than $2,000 or if they fall within one of the law’s exemptions such whole or partial loss of a body member, permanent and serious disfigurement, or loss of sight or hearing.

The Role of Shared Fault in a Pedestrian Accident in Boston

Even in cases where pedestrians are in part responsible for their own injuries, the driver of the vehicle that hit them is also at fault for the accident. For instance, if a driver is texting behind the wheel, accidently veers out of their lane, and hits a pedestrian who was walking in a prohibited area, both parties may share fault.

When there is blame on both sides, Boston courts use a modified comparative fault standard in order to determine appropriate compensation. According to Massachusetts General Laws Chapter 231 §85, any judgment awarded to a plaintiff will be reduced by the percentage of the plaintiff’s comparative negligence as long as the plaintiff’s comparative negligence does not exceed 50%.

So, a plaintiff will not get any compensation if a jury finds that the plaintiff was 51% (or higher) at fault. If the victim meets or is under the at-fault threshold, the court would reduce damages awarded by a percentage equal to the amount of liability they hold.

Just as drivers have a responsibility to operate their vehicles safely, there are expectations placed upon pedestrians as well. The following pedestrian behaviors may be considered by Boston courts as evidence of negligence by the pedestrian, which may reduce the amount of compensation the plaintiff can recover:

  • Jaywalking
  • Walking into moving traffic or at a “do not walk” signal
  • Walking on the road while under the influence

Talk to a Boston Pedestrian Accident Attorney Today If You Were Hit While Walking

If you suffered injuries as a pedestrian struck by a vehicle in Boston, you could be facing a long and potentially expensive recovery. You may benefit from the counsel of a skilled Boston pedestrian lawyer who could fight to aggressively represent your interests and obtain a degree of justice on your behalf. Call today at (617) 925-6407 to schedule a consultation with our Boston personal injury lawyers.

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Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

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El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

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