Every year, there are pedestrians who are hit, injured, and sometimes killed by motor vehicles in our state. In 2018—one of the most recent years for which finalized data is available—there were 78 reported fatal pedestrian accidents throughout Massachusetts. And in 2020, pedestrian-involved accidents spiked. When pedestrians are hit and injured by drivers, the pedestrians have the right to bring forth a civil claim for damages. At the office of Tetzel Law, LLC, we can help you to understand and protect your rights. Reach our law firm today for a free consultation and an overview of your legal options.
Negligence and Liability in Pedestrian Accidents
Liability for a pedestrian accident in Massachusetts is based on negligence or negligence per se. Negligence is the failure to exercise a reasonable degree of care in a given situation; negligence per se is the breach of a statute or ordinance. Some examples of negligence and negligence per se that could cause a pedestrian accident and lead to the driver’s liability include:
- Failing to yield to a pedestrian in a crosswalk
- Driving while distracted
- Driving while impaired
- Driving too fast for conditions/approaching an intersection too fast
- Failing to follow posted traffic signs
When a driver (or another party) is held liable in a pedestrian crash, the pedestrian has the right to seek damages for the full value of their losses, including the value of their economic and noneconomic losses.
Steps to Take if You’ve Been Involved in a Crash
If you’ve been involved in a pedestrian crash or you are the loved one of someone who has been severely injured or killed in a crash, it’s important that you act quickly to protect your right to damages. Steps to take following a crash include:
- Exchange information with the other driver, including the driver’s name, contact information, vehicle information, and car insurance information
- File a police report immediately—this is best done while you are still at the scene of the accident if your injuries do not preclude you from doing so
- Seek medical care
- Call your insurance company to report the accident (even if you weren’t driving at the time of crash, your car insurance company should still be notified of the accident)
- Hire a pedestrian accident attorney as soon as possible
The sooner that you act to organize evidence for your claim and prove the fault of the other driver, the sooner you’re likely to recover a settlement. By working with an experienced attorney, you increase your chances of a more positive case outcome.
Call Our Pedestrian Accident Attorney Today
At the office of Tetzel Law, LLC, we know that there are few things more devastating than being involved in a serious pedestrian accident. If you have been injured, you are not alone. Our pedestrian accident attorneys are here to advocate for you and help you recover the settlement you deserve. Call our law office directly at (617) 742-1700 or send us a message online to request a free consultation.