Massachusetts Pedestrian Accident Lawyer - Cutler & Associates (2024)

Have you been injured in a pedestrian accident? Let us help you get the compensation you deserve. Contact Cutler & Associates today for help.

Unfortunately, Massachusetts residents are no strangers to the dangers of pedestrian accidents. Whether walking through downtown Boston, Copley Place, Cape Cod, residential neighborhoods, MIT, or anywhere else, the risk of a pedestrian accident is always there. These incidents can result in severe injuries, emotional trauma, and financial hardship for victims and their families. If you find yourself in this situation, a Massachusetts pedestrian accident lawyer can help you recover damages from those who harmed you.

An Overview of Massachusetts Pedestrian Accidents

What is a pedestrian accident? Simply put, this incident occurs when a person on foot is hit by a vehicle. These incidents often result in injuries ranging from minor cuts and bruises to catastrophic injuries and fatalities. Recent pedestrian accident data paints a sobering picture of the dangers residents face:

Massachusetts reported 76 pedestrian fatalities in 2021 (Mass.gov).
More than 40% of pedestrian deaths happened between 5 and 10 p.m.
In 2023, automobiles killed 69 pedestrians in Massachusetts (WalkMass.org).
96% of pedestrian accidents in Massachusetts occur in urban areas (MassDOT).
50% of pedestrian accidents occurred within 300 feet of an MBTA bus stop between 2016 and 2022 (MassDOT).
In 2022, Chicopee, Boston, and Worchester had the highest pedestrian fatalities (WalkMass.org).

The consequences of pedestrian accidents are so much more than just statistics. Victims often endure life-altering injuries (if they manage to survive) that have a profound impact on their physical, emotional, and financial well-being, as well as that of their loved ones.

Frequent Locations for Pedestrian Accidents

Pedestrian accidents can occur in various settings throughout Massachusetts. The common places include the following:

Intersections: Intersections are high-risk areas for pedestrian accidents due to the interaction between pedestrians, vehicles, and sometimes cyclists. Failure to yield, distracted driving, and speeding are common contributing factors.
Crosswalks: While crosswalks are designated areas for pedestrians to cross the road safely, accidents can still happen due to drivers failing to yield or not paying attention to pedestrians.
City Streets and Downtown Areas: Busy city streets with heavy traffic, narrow sidewalks, and frequent pedestrian crossings pose a significant risk for pedestrian accidents, especially during peak commuting hours.
Parking Lots and Garages: Pedestrians walking in parking lots or crossing driveways are vulnerable to accidents involving vehicles entering or exiting parking spaces. Limited visibility and distracted driving can increase the risk of collisions.
Residential Areas: Residential neighborhoods may seem safer for pedestrians, but accidents can still occur, especially in areas with speeding vehicles, inadequate lighting, or lack of sidewalks.
School Zones: School zones are often busy areas with high pedestrian traffic, including children walking to and from school. Speeding and distracted driving near schools can lead to tragic accidents involving pedestrians.
Public Transportation Stops: Bus stops, train stations, and transit hubs are common locations for pedestrian accidents, as passengers may need to cross busy streets or navigate crowded areas to access public transportation.
Construction Zones: Construction sites often involve temporary changes to pedestrian pathways and traffic patterns, increasing the risk of accidents due to hazards such as debris, uneven surfaces, or obstructed visibility.
Pedestrian Bridges and Tunnels: While designed to provide safe passage for pedestrians over or under busy roads, pedestrian bridges and tunnels can still be sites of accidents if not properly maintained or if visibility is obstructed.
Recreational Areas: Parks, trails, and recreational areas may see pedestrian accidents, particularly if paths are shared with cyclists or pedestrians not paying attention to their surroundings.

Again, these tragic events can happen anywhere. With that in mind, pedestrians and drivers must exercise caution, obey traffic laws, and remain vigilant to ensure everyone's safety.

Main Causes of Most Pedestrian Accidents

Pedestrian accidents occur for any number of reasons, but often driver negligence is the culprit. Below are the contributing factors that threaten residents' safety, well-being, and lives.

Failure to Yield: The failure of drivers to yield the right-of-way to pedestrians happens most at crosswalks and intersections.
Speeding: Motor vehicles driving over the speed limit increase the risk of pedestrian accidents by reducing the driver's reaction time and ability to make sudden stops.
Impaired Driving: Driving under the influence of alcohol or drugs remains a significant contributor to pedestrian accidents. Intoxicated drivers pose a higher risk to pedestrians due to impaired judgment and coordination.
Distracted Driving: Whether texting behind the wheel, adjusting the radio, or engaging in other distractions, drivers who fail to focus on the road put pedestrians at significant risk.
Poor Visibility: Inadequate lighting, inclement weather conditions, and obstructed sightlines can all contribute to poor visibility for drivers and pedestrians. Reduced visibility makes it difficult for drivers to spot pedestrians, especially during nighttime or adverse weather conditions.
Pedestrian Negligence: While drivers often bear the brunt of responsibility in pedestrian accidents, pedestrian negligence can also sometimes play a role. Jaywalking, crossing against traffic signals, and failing to use designated crosswalks increases the risks of accidents.
Infrastructure Deficiencies: Poor infrastructure design, including bad crosswalks, insufficient signage, and unfriendly pedestrian features, can cause pedestrian accidents.

Pedestrian accident cases can be complex events. Several factors can cause great harm, ranging from reckless driver behavior to poor infrastructure design. Have you suffered serious injuries? Contact a Boston pedestrian accident lawyer to help file a claim against the responsible party.

Common Types of Pedestrian Accident Injuries

Pedestrian accidents can result in a variety of personal injuries. The severity of a victim's injury can lead to high medical bills, extensive medical treatment, and lost wages. The following are the most common kinds of life-altering conditions:

Head Injuries: These injuries include concussions, skull fractures, and traumatic brain injuries (TBIs). Even a minor head injury can have long-term effects that lower your cognitive function, memory, and motor skills.
Bone Fractures: Pedestrian accident victims can experience arm, leg, and hip fractures. Symptoms include significant pain, swelling, and limited mobility. Broken bones may require surgery, casts or braces, and extensive rehabilitation. Multiple fractures or compound fractures may result in long-term disability.
Soft Tissue Injuries: Muscle sprains, strains, and contusions can also affect tendons and ligaments. These injuries can cause pain, swelling, and limited range of motion.
Whiplash: This soft tissue injury occurs when the head is suddenly jerked forward or backward, resulting in neck pain and stiffness.
Spinal Cord Injuries: Damage to the spinal cord can result in paralysis, loss of sensation, and impaired bodily functions. Depending on the severity of the injury, individuals may require lifelong medical care, rehabilitation, and assistance with daily activities.
Internal Injuries: Internal injuries, such as organ damage and internal bleeding, rarely exhibit obvious signs. Symptoms of internal injuries may include abdominal pain, nausea, vomiting, and fainting. This injury is life-threatening if left untreated.
Emotional Trauma: Injured pedestrians may experience emotional trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression.

A pedestrian accident injury can run the full gamut from minor to severe. If you're a victim struggling with your physical, emotional, or financial circ*mstances, consider talking to an experienced Massachusetts pedestrian accident lawyer. We can review your personal injury case to help you pursue fair compensation.

Legal Considerations for Pedestrian Accident Victims

Pedestrian accidents can leave individuals facing major legal challenges. Massachusetts law has provisions for victims seeking compensation for their injuries and damages.

Negligence and Liability

Pedestrian accidents often occur due to the negligence of one or more parties involved. Drivers, cyclists, and even pedestrians can be liable for accidents if they fail to exercise reasonable care. In Massachusetts, negligence is determined by assessing whether a person's actions fell below the standard of care expected in a given situation.

For example, drivers may be considered negligent if they were speeding, distracted, or disobeyed traffic laws during the accident. Establishing negligence is essential for proving liability and holding the responsible party accountable for their actions. Here's what the law requires the plaintiff (injured victim) to prove when establishing negligence:

Duty of Care: The plaintiff demonstrates the defendant (usually the vehicle's driver) owed a duty of care to the pedestrian. This means the driver had a legal obligation to drive safely without causing harm to others.
Breach of Duty: The second element involves showing the defendant breached, or failed to fulfill, their duty of care. This could involve actions such as speeding, running a red light, failing to yield to pedestrians in a crosswalk, or driving while distracted or under the influence of drugs or alcohol.
Causation: The third element requires a link between the defendant's breach of duty and the pedestrian's injuries. In other words, the accident victim must show that the defendant's negligent actions directly led to the pedestrian's injuries.
Damages: The final element involves proving the accident caused the pedestrian to suffer damages. Examples are physical injuries, medical expenses, pain and suffering, lost wages, and other related losses.

Comparative Negligence

Massachusetts follows the legal principle of comparative negligence. This rule allows victims to pursue claims even if they contributed to the accident. Additionally, it determines each party's degree of fault in a personal injury case. Here's how it works in a pedestrian accident case:

Shared Fault: Comparative negligence acknowledges that more than one party may be responsible for causing an accident. In a pedestrian accident claim, the pedestrian and the vehicle's driver may share some fault.
Percentage of Fault: Massachusetts follows a modified comparative negligence rule, specifically the 51% rule. Under this rule, a plaintiff (the injured pedestrian) can still recover damages so long as they are not found to be more than 50% responsible for the accident. However, if the plaintiff is determined to be 51% or more at fault, they cannot recover damages.
Damage Reduction: If both parties are found to share fault for the accident, the damages awarded to the plaintiff are reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault for an accident and is awarded $100,000 in damages, their recovery would be reduced by 20%, resulting in a final award of $80,000.

Statute of Limitations for Personal Injury Claims

There's a time limit to file personal injury cases, known as the statute of limitations. This timeframe applies to a plaintiff seeking to file a personal injury claim. Under Massachusetts law, injured victims typically have up to three years from the date of the accident date to initiate legal action.

The laws affecting pedestrian accidents directly impact a victim's pursuit of justice and compensation. If you've been injured, reach out to a knowledgeable pedestrian accident attorney. As your trusted legal advocate, we will guide you through pursuing a claim.

Importance of Evidence and Medical Attention

After a pedestrian accident, gathering evidence and seeking medical attention should be a top priority. Documenting the accident scene involves:

Obtaining witness statements
Collecting surveillance footage
Getting a copy of the police report

Additionally, seeking medical treatment helps draw a connection between the accident and your injuries. Medical records document the extent of injuries and necessary treatment. This information can strengthen your personal injury claim when pursuing compensation.

Compensation for Pedestrian Accident Victims

Massachusetts law provides for monetary compensatory damages. Reimbursing victims for their losses and restoring them to a pre-accident state as much as possible is the objective. Pedestrian accident victims may be entitled to two main compensatory damages: economic and non-economic.

Economic and Non-economic Damages

Economic damages are measurable losses that are simple to calculate. Among them are:

Punitive Damages

In rare cases of extreme negligence or willful misconduct, pedestrian accident victims may pursue punitive damages. Courts typically award these damages in cases involving a wrongful death. These damages intend to punish the at-fault party and deter similar behavior. Courts consider the severity of the misconduct, the defendant's finances, and deterrence for awarding punitive damages.

Compensatory damages are available if you've been injured in a pedestrian accident. A Massachusetts pedestrian accident attorney can fight for you to receive the full and fair compensation you deserve.

The Legal Process After a Pedestrian Accident

Were you injured in a pedestrian accident in Massachusetts? Are you struggling with financial difficulties, emotional anguish, and physical pain? Do you seek compensation for your injuries and damages? Here are the general steps to pursuing claims:

Filing a Personal Injury Claim: This involves gathering evidence to support your case, such as medical records, witness statements, and accident scene photographs. You'll then need to submit a claim to the at-fault party's insurance company or provider if you have uninsured/underinsured motorist coverage.
Negotiating with Insurance Companies: Once your claim is filed, you'll negotiate with the insurance company to settle. Insurance adjusters may try to minimize your claim or deny liability altogether. Strong evidence and legal representation help tip the scales in your favor. A skilled Boston personal injury lawyer can fight on your behalf to obtain fair compensation for all of your accident-related damages.
Litigation Process and Court Proceedings: If a fair settlement cannot be reached through negotiations, the next step is to pursue litigation through the court system. Filing a lawsuit against the at-fault party and initiating the legal process is known as litigation. Your lawyer will draft and file all legal documents, including a complaint that outlines the specifics of your case.
Discovery: After filing a lawsuit, the parties engage in the discovery phase where they exchange evidence and obtain witness testimonies through depositions. Both sides may also attempt to resolve the case through mediation or settlement conferences.
Trial: If the case proceeds to trial, your attorney will present your personal injury lawsuit before a judge and jury. The judge or jury will then determine liability and award damages based on the evidence presented.

Throughout the litigation process, your attorney will provide guidance and support, ensuring your rights are protected every step of the way. While litigation can be time-consuming, a knowledgeable pedestrian accident lawyer increases your chances of a successful outcome.

Challenges Pedestrian Accident Victims Face

Pedestrian accident victims often face a myriad of challenges as they seek to recover and move forward with their lives. Here, we explore some of the more common hurdles injured individuals encounter.

Insurance Company Tactics

Insurance provides financial protection in times of need. Unfortunately, insurance adjusters often employ tactics to minimize payouts to victims. Their strategies include offering low settlements, delaying claims processing, or denying valid claims altogether.

Contributory Negligence Arguments

Massachusetts follows a modified comparative negligence rule. If the victim is found partially at fault for the accident, their compensation may be reduced or eliminated. Insurance companies may try to shift blame onto the victim to minimize their liability. To fight contributory negligence claims, legal analysis and strong advocacy are needed to protect the victim's rights.

Disputes Over Compensation

Calculating non-economic damages such as pain and suffering can be subjective and contentious. Insurance companies may downplay the severity of injuries or dispute the need for certain medical treatments or therapies.

Pedestrian accident victims may face lengthy insurance negotiations or litigation for fair compensation for losses. A knowledgeable attorney knows how to overcome these potential obstacles. By enlisting the support of skilled legal counsel, you'll gain peace of mind knowing your legal interests are being protected.

Benefits of Hiring a Personal Injury Attorney

A pedestrian accident victim may be interested in hiring an attorney to handle their case. An attorney brings valuable skills to the table, such as evidence gathering, settlement negotiations, and courtroom litigation. With legal representation, you can focus on healing while your attorney takes care of your legal interests.

Legal Representation: Massachusetts pedestrian accident lawyers have the training, experience, staff, and resources to guide victims through every stage of the legal proceedings to achieve a favorable result.
Experience That Matters: A pedestrian accident lawyer knows the inner workings of Massachusetts laws, legal processes, and pedestrian incidents. They can apply those game-changing insights to your claim if they've handled similar cases.
Maximize Your Compensation: You may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and more. With proper legal representation, you can avoid settling for far less than you deserve. A good lawyer can calculate the value of your claim and help you get the full compensation you need for your injuries.
Manage the Legal Proceedings: Pursuing personal injury claims involves a lot of paperwork, laws, and leg work. Honestly, it can be too much for victims to deal with on their own. An attorney takes all that work off your plate, from filing paperwork to negotiating with insurance companies to representing your interests in court.
Empathizing Partner in Your Recovery Journey: Beyond their legal knowledge, pedestrian accident lawyers also serve as compassionate allies on your recovery journey. They understand the physical, emotional, and financial stress individuals and families endure. These legal professionals can listen to your concerns, answer your questions, and encourage you during the process.

If you've been injured in a pedestrian accident, consider hiring a qualified Massachusetts personal injury attorney. With the right combination of experience, skills, and unwavering dedication to your cause, a pedestrian accident lawyer can bring your case to a favorable conclusion.

Get the Support You Need for Your Claim

At Cutler & Associates, we understand the immense challenges you may face after being injured in a pedestrian accident. The physical pain, emotional distress, and financial strain are a heavy burden to carry. That's why our team is here to offer you the compassionate support and skilled legal representation you deserve.

Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. We pride ourselves on providing personalized attention and strategic guidance tailored to your unique situation. Let us be your trusted ally in seeking justice and holding those responsible for your injuries accountable.

At Cutler & Associates, your well-being is our top priority. Trust us to handle your case with care, dedication, and professionalism. We're here to achieve the best resolution.

Contact Cutler & Associates Now

If you've been injured in a pedestrian accident, let our law firm help you. Call us today at (800) 600-4000 or (617) 542-5000. Let us fight for the compensation you deserve so you can move on with the next chapter of your life.