The consequences of a pedestrian accident can last for years. If you were hit by a negligent driver while crossing the street, a pedestrian accident lawyer can help you pursue compensation.
The lawyers at Sweet James have over 25 years of experience helping accident victims. If you were involved in a pedestrian accident, a Massachusetts pedestrian accident lawyer can help you recover damages.
What Can a Massachusetts Pedestrian Accident Attorney Do for Me?
It can take weeks or even months to recover from a serious pedestrian accident.
A personal injury lawyer can help with your case by:
- Investigating the accident: We can collect police reports, photographs, surveillance footage, witness statements, medical records, and other evidence to prove what happened and who is at fault.
- Calculating your losses: We can add up your medical expenses, lost wages, and other damages to determine the value of your claim.
- Negotiating a settlement: We can negotiate with the responsible party’s insurer and seek a settlement that reflects the full extent of your damages.
- Represent you in court: If a fair settlement cannot be reached, we can prepare your case for litigation and represent you in court.
What Compensation Can You Recover After a Pedestrian Accident?
The compensation available in a pedestrian accident claim depends on the nature and severity of your injuries and the losses they cause. You can pursue compensation for both economic and non-economic damages, such as:
- Medical expenses: You can recover compensation for reasonable medical costs, including emergency care, hospitalization, surgery, medication, rehabilitation, and future treatment.
- Lost wages: You can recover compensation for income you lost because your injuries prevented you from working.
- Reduced earning capacity: You can recover additional compensation if your injuries affect your ability to earn a living in the future.
- Pain and suffering: You can recover compensation for physical pain, emotional distress, and the broader impact of your injuries on your quality of life.
- Disfigurement: You may recover additional damages if the accident causes permanent scarring, disfigurement, or other lasting physical changes.
- Property damage: You can recover compensation for personal property damaged in the accident, such as a bicycle, phone, clothing, or other belongings.
- Loss of enjoyment of life: You may recover additional damages if your injuries prevent you from participating in activities and experiences you previously enjoyed.
A Massachusetts personal injury lawyer can help make sure insurers don’t diminish or dismiss any of your losses.
How Long Do You Have to File a Pedestrian Accident Claim in Massachusetts?
Per Massachusetts General Laws Chapter 260, § 2A, you typically have three years from the date of a pedestrian accident to bring a personal injury lawsuit against the at-fault party. However, if your case involves wrongful death, an injured minor, or a government entity, a different filing deadline may apply.
If you try to file a claim after the applicable statute of limitations expires, the court will likely dismiss it, which is why it’s important to work with a Massachusetts pedestrian accident attorney.
Who is at Fault When a Car Hits a Pedestrian in Massachusetts?
In Massachusetts, liability for a pedestrian accident depends on whose negligence resulted in the crash. The driver may be responsible if they were speeding or distracted, or if they violated a traffic law. On the other hand, a pedestrian may be at fault if they jaywalk, cross against a “Don’t Walk” signal, or walk into traffic while impaired by drugs or alcohol.
Massachusetts enforces a modified comparative negligence law. This means that if you are found partially responsible for an accident, your compensation will be reduced according to your percentage of fault. If you are assigned more than 50% of the responsibility, you will be barred from recovering damages.
Our Massachusetts pedestrian accident lawyers can help gather evidence to prove that you are not responsible for your injuries.
What If the Accident Was a Hit and Run?
A hit-and-run can make pursuing a pedestrian accident claim more difficult, but it does not necessarily mean you have no legal options.
Police may be able to identify the driver using surveillance footage, witnesses, vehicle descriptions, license plate information, or other evidence. You should report the accident as soon as possible and provide investigators with everything you know about the vehicle and driver.
If the driver cannot be identified, you may be able to recover damages through your own personal injury protection (PIP) and uninsured motorist (UM) coverage. Our Massachusetts pedestrian accident attorneys can work to identify the driver who hit you and recover compensation for your losses.
Common Causes of Pedestrian Accidents in Massachusetts
Some pedestrian accidents result from obvious driver negligence, while others involve multiple contributing factors. Common causes of these accidents include:
- Distracted driving
- Speeding
- Failure to yield to pedestrians
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Unsafe passing near crosswalks
- Aggressive or reckless driving
- Poor visibility at night or during bad weather
- Defective or malfunctioning traffic signals
- Dangerous road or sidewalk conditions
A Massachusetts pedestrian hit by car lawyer can collect evidence to establish the cause of your accident.
Common Injuries in Pedestrian Accidents
Even a relatively low-speed pedestrian accident can cause serious injuries. Some of the most common ones are:
- Broken bones and fractures
- Traumatic brain injuries and concussions
- Spinal cord injuries
- Back and neck injuries
- Internal bleeding and organ damage
- Lacerations and other soft-tissue injuries
- Road rash and other skin injuries
- Amputations
- Nerve damage
- Disfigurement
- Psychological trauma
A Massachusetts pedestrian injury lawyer can help you recover compensation for your medical bills.
Steps to Take After a Pedestrian Accident in Massachusetts
The steps you take after an accident can affect both your recovery and your legal claim. If you are able, you should:
- Report the accident: Contact law enforcement so there is an official record of the collision.
- Document the scene: Take photographs or videos of the vehicles, roadway, crosswalk, traffic signals, lighting, and other relevant details if it is safe to do so.
- Collect witness information: Get the names and contact information of any people who saw what happened.
- Get medical attention: See a doctor to get evaluated and document your injuries for your claim.
- Preserve evidence: Keep damaged clothing, shoes, electronic devices, and any other physical evidence that may help establish what occurred.
- Be careful with insurance companies: Avoid discussing fault or minimizing your injuries when talking to insurance adjusters.
- Avoid discussing the accident publicly: Any posts, photographs, or comments on social media could be used against you.
- Get legal advice: Speak to a pedestrian accident lawyer serving Massachusetts before accepting a settlement or making detailed statements to insurers.
Get Help from a Pedestrian Accident Lawyer Serving Massachusetts
If you have been searching for a Massachusetts pedestrian accident lawyer near me, look no further than Sweet James. An attorney from our team can investigate your case, handle negotiations with insurers, and fight for the compensation you are entitled to.
Schedule a free consultation to find out how you can seek justice.
