I was Struck by a car while in the crosswalk – Could I possibly be at fault?
We all know the general rule: pedestrians have the right of way. This may be frustrating idea in situations where someone walks out in front of your car. While there are of course exceptions, for the most part this maxim holds true. Driver’s that hit pedestrians will almost always be considered to be at fault absent clear fault on part of the pedestrian. The purpose of this makes sense: It is better to incentivize someone behind the wheel of a vehicle to avoid hitting pedestrians because of the potential harm it could cause them. Pedestrian accidents can lead to serious injuries including broken bones, burns, spinal cord injuries, brain injuries, severe cuts, and even death.Who Pays When I Get Hit by a Car?
Massachusetts is a no-fault state. A pedestrian that gets hit by a car is still covered by their insurance if they have it. If the driver was at fault, the driver is responsible for any amount not covered by insurance. You may also sue an at fault driver for pain and suffering under certain circumstances, such as where the injury causes lasting damage.The Driver is Likely at Fault.
Driver’s may be at fault for hitting a pedestrian whether the pedestrian crosses on a crosswalk or not. The pedestrian has the burden of proving that the driver was negligent. Generally, drivers have a duty to be alert and avoid all hazards in the road, including people. If you are hit on a cross walk you will almost certainly be able to hold a driver responsible. Their legal duty is much clearer when there is a crosswalk because the driver had reason to know someone would be crossing the road at that location. Your case for negligence against the driver is very strong if you were hit by a car while on a crosswalk. There may be exceptions to this in rare situations, such as when a pedestrian runs out into a crosswalk at the absolute last minute.What Claims Can I Bring?
You can bring a claim against the driver, and you may also have a claim against the local municipality. If you can prove that the way the street is set up contributed to your injury, you have a case. For example, perhaps the crosswalk was poorly placed after a curb. Drivers may not have a reasonable amount of time to notice the crosswalk and yield to pedestrians. The local government has a duty to maintain safe roads, and poor street planning is an actionable safety hazard.What Steps Should I Take?
After seeking all necessary medical care, call one of our experienced pedestrian attorneys. The driver’s insurance company may attempt to lessen the severity of your injuries so they do not have to pay as much. We can help you fight this. We will evaluate your situation and maximize your settlement. You may be entitled to past and future medical expenses, lost wages, loss in earning potential, pain and suffering, loss of life enjoyment, and even more. In cases of extreme recklessness, you may be able to pursue punitive damages as well.
We have a great record of recovering on behalf of our clients. Our phones are answered 24 hours a day, seven days a week to ensure that our clients can reach us at any hour day or night. We respond promptly to all emails and also offer a convenient online chat to get the injury claims process started as soon as possible – whatever works best for you.
If you or a loved one has been injured in a pedestrian accident in Massachusetts, please Contact the Greater Boston Law Firm of Altman & Altman, LLP by phone at 617.492.3000 or Contact Us Online to schedule a free consultation with one of our dedicated MA Pedestrian Accident Attorneys.