FAQ About Pedestrian Accidents

Immediately after the accident, you should prioritize your safety and seek medical attention for any injuries. You should also report the incident to law enforcement, providing accurate details of the accident. It is essential to collect evidence by taking photographs and preserving any physical evidence, such as damaged property. You should also contact a personal injury attorney experienced in pedestrian accidents to ensure your rights are protected.

Determining fault in pedestrian collisions depends on various factors, including the specific circumstances of the accident. Massachusetts follows a modified comparative negligence rule, allowing for proportionate fault to be assigned to multiple parties involved. The court considers the actions of both the pedestrian and the driver, examining factors such as traffic laws, right-of-way violations, and whether either party was negligent. Even if a judge or jury finds a pedestrian at fault, however, they will not be barred from recovering compensation unless the negligence attributed to them is more than 50%.

Typically, a plaintiff in a lawsuit arising out of a pedestrian accident will assert a negligence claim against the defendant. Under Massachusetts law, a plaintiff arguing a defendant acted negligently has to establish that the defendant owed them a duty of care. Next, the plaintiff has to prove that the defendant breached the duty. For example, if a defendant drove through an intersection without checking to see if any pedestrians were crossing, it may constitute a breach. Finally, the plaintiff must demonstrate that the defendant’s breach caused the plaintiff to suffer actual losses.

In Massachusetts, you may seek various damages in a lawsuit arising out of a collision. These include medical expenses, rehabilitation costs, lost wages, pain and suffering, emotional distress, and property damage. Additionally, if the crash results in a wrongful death, surviving family members may be entitled to pursue damages through a wrongful death claim.

Yes, Massachusetts has a statute of limitations that establishes a time limit for filing a lawsuit following a collision. Generally, you have three years from the date of the accident to file a personal injury lawsuit. However, it is crucial to consult with an attorney as soon as possible after the collision to ensure that all necessary evidence is preserved, witnesses are identified, and deadlines are met.