Pedestrian Accidents
Massachusetts Pedestrian Accident Lawyers
The Future of Law is Here
Maximum Recovery. Minimum Stress
Horizon Injury Lawyersspecializes in pedestrian accidents and we have recovered millions for our clients. As local Brockton-based attorneys, we know all the streets and intersections where many of these incidents occur. According to AAA, New Bedford and Brockton historically have the highest pedestrian injuries and deaths in the State of Massachusetts. MassDot also recorded 102 total accidents, with injuries reported in 49 of them over a 3-year period at Pleasant Street and West Street, making this intersection in Brockton the most dangerous intersection in Massachusetts.
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Pedestrian Accidents
Massachusetts Pedestrian Accident Lawyers
The Future of Law is Here
Maximum Recovery. Minimum Stress
Horizon Injury Lawyersspecializes in pedestrian accidents and we have recovered millions for our clients. As local Brockton-based attorneys, we know all the streets and intersections where many of these incidents occur. According to AAA, New Bedford and Brockton historically have the highest pedestrian injuries and deaths in the State of Massachusetts. MassDot also recorded 102 total accidents, with injuries reported in 49 of them over a 3-year period at Pleasant Street and West Street, making this intersection in Brockton the most dangerous intersection in Massachusetts.
Contact Us
Free Evaluation + No Fees Unless You Win
Types of Pedestrian Accidents
Unfortunately, pedestrian accidents often result in more serious injuries than car accidents. The majority of accidents occur between 3pm and midnight. Some of the risk factors for pedestrians have been poor lighting, an area without traffic lights, or no sidewalks. Other reasons for these accidents are backing out of a parking lot or distracted drivers on cell phones.
Crosswalk Accidents
Occur when pedestrians are struck while lawfully crossing at marked or unmarked crosswalks, often due to driver inattention or failure to yield.
Intersection Accidents
Happen at intersections when drivers turn without noticing pedestrians who have the right of way.
Hit-and-Run Accidents
Involve a driver who strikes a pedestrian and leaves the scene, making these cases especially serious and complex.
Sidewalk Accidents
Occur when vehicles veer off the roadway and strike pedestrians on sidewalks or walking paths.
Backing-Up Accidents
Happen in parking lots, driveways, or residential areas when drivers reverse without seeing a pedestrian.
Mid-Block Accidents
Occur when pedestrians are struck while crossing outside of an intersection or crosswalk, often on busy or poorly lit roads.
School Zone Accidents
Involve children near schools or bus stops, frequently due to speeding or failure to follow school-zone traffic laws.
Impaired or Distracted Driving Accidents
Result from drivers who are texting, using GPS, fatigued, or under the influence of drugs or alcohol.
A Pedestrian Has No Steel Around Them And The Law Counts That In Their Favor
The impact
When a car meets a person on foot, there is no contest. The pedestrian absorbs the entire impact with nothing to cushion it, and the injuries that follow rarely resolve in a few weeks. They include head and brain injuries, fractured pelvises and legs that need surgery to repair, and spinal damage that changes how a person works and moves.
Where it happens
Brockton is a walking city, and much of the danger is predictable. People cross Main Street between lights, step off curbs near bus stops, and walk through shopping center parking lots. Most of these crashes happen at the same kinds of places: crossings that look safe but aren't, and turns made by drivers who watch for cars rather than people.
The legal question
The legal question is not whether you were hit but whether the driver took reasonable care around someone on foot. Massachusetts law requires drivers to yield to pedestrians in marked crosswalks, and drivers owe care to people on the road even when no crosswalk is marked.
The evidence is short-lived
Most of it is not at the scene. Nearby businesses keep camera footage for days before it is overwritten. A vehicle's event data recorder can show speed and braking, but it can be lost once the car is repaired or sold. Phone records and 911 recordings can all disappear unless someone asks for them.
Who is responsible
It is not always the driver alone. The owner of the car, a delivery company, a rideshare platform or a driver's employer may each have a role, and each carries separate insurance. If a broken streetlight or malfunctioning signal contributed, municipal entities may share responsibility.
What the defense will say
Defense arguments arrive early and are worth expecting rather than resenting. Under Massachusetts comparative negligence rules, a person found more than half at fault recovers nothing, so even a small shift in blame is worth a great deal to the other side.
How insurance works
Insurance works differently for pedestrians than people expect. A person on foot generally does not carry their own auto policy for the crash, so benefits may come from the policy covering the vehicle that hit them, and a hit-and-run can bring uninsured motorist coverage into play.
Massachusetts Rules at a Glance
What to Do After a Pedestrian Accident
Get Medical Attention
Prioritize your health. Seek immediate medical attention, even if you don't notice any immediate symptoms. Some injuries may only become apparent later, but a medical report will link them to the accident.
Some common pedestrian injuries are:
- Spinal cord injuries
- Fractured bones
- Internal bleeding
- Traumatic brain injuries
- Back and neck injuries
Report the Accident
To the police:
A police report contributes to the credibility of your claim. Ensure you report the accident immediately, providing all necessary details but never admitting fault.
To your insurer:
Notify your insurer about the accident as soon as possible. The specifics of the incident will be crucial when it comes to settling claims or disputes that may arise.
Gather Witness Contact Information
(if available)
Witnesses can provide a third-party account of the accident. Their testimonies can be extremely valuable to strengthen your claim or case.
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Take Photos or Videos of the Accident Scene
Visual evidence remains vital as it captures the severity of the accident and can serve as irrefutable proof about the details of the event.
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Consult an Attorney
It is essential that you consult with a knowledgeable attorney to guide you through your legal journey. With a strong understanding of the legal system, they can help you understand your rights and help you secure a fair outcome.
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Why Horizon?
Our team serves clients in English, Spanish, Portuguese, Haitian Creole, and Cape Verdean Creole — which matters in place where a large share of residents speak a language other than English at home.