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Pedestrian Accident FAQs
- What Duties Do Drivers Have to Pedestrians?
- How Does the Law Protect Pedestrians on Crosswalks?
- Can I File a Lawsuit If a Family Member Was Killed in a Pedestrian Accident?
- How Long Do I Have to File a Lawsuit After my Pedestrian Accident?
- Can I Receive Compensation to Pay for Future Surgeries If I Was Injured in a Pedestrian Accident?
- How is it Determined Who is Responsible for Causing a Pedestrian Accident?
- What Should I Do If I Was Involved in a Pedestrian Accident?
- What are my Duties as a Pedestrian to Avoid Accidents?
- What Damages Can be Recovered in a Pedestrian Accident Case?
- Will my Pedestrian Accident Case Settle Out of Court?
- How Can I Prove the Driver Was At-Fault in a Pedestrian Accident?
- How Long Will my Case Take to Resolve?
- What are the Most Common Causes of Pedestrian Accidents?
- What Should I Do If I Was Injured in a Hit-and-Run?
- Who Will Pay my Medical Bills If I Don’t Have Any Health Insurance?
- Are Bicyclists Considered as Pedestrians?
- What are the Most Common Pedestrian Injuries?
- I Believe the Driver Who Hit Was Texting. What Should I Do?
What Duties Do Drivers Have to Pedestrians?
Drivers in Massachusetts must act with reasonable care when operating their vehicles. Pedestrians, however, must also operate with a level of care to ensure that their behaviors do not contribute to causing an accident.
How Does the Law Protect Pedestrians on Crosswalks?
Driver’s must yield to a pedestrian who is walking in a crosswalk at an intersection with a “walk” signal or green light. With that said, pedestrians are responsible for also behaving in a safe manner by not participating in crossing the street outside of a crosswalk (jaywalking), not crossing the road against traffic signals, and not walking in the road when you are under the influence of drugs or alcohol.
Can I File a Lawsuit If a Family Member Was Killed in a Pedestrian Accident?
Yes, if a family member was killed as a result of a pedestrian accident, then the executor of the deceased person’s estate can file a wrongful death lawsuit against the driver.
How Long Do I Have to File a Lawsuit After my Pedestrian Accident?
You must file a lawsuit within 3 years of your pedestrian accident.
Can I Receive Compensation to Pay for Future Surgeries If I Was Injured in a Pedestrian Accident?
It is possible to receive compensation to pay for future medical expenses; however, it is important to note that when a lawsuit is brought, all damages must be asserted at that time. You cannot ask for more compensation later. Hiring an attorney can help ensure that your estimates for your injuries and potential future medical bills are accurate and you receive the compensation that you deserve.
How is it Determined Who is Responsible for Causing a Pedestrian Accident?
A number of factors are reviewed to determine who is responsible for causing a pedestrian accident. Was the driver operating the vehicle safely? Was the pedestrian obeying the rules of the road such as using crosswalks? These details can help determine which parties are at fault.
What Should I Do If I Was Involved in a Pedestrian Accident?
If you are a driver involved in a pedestrian accident, you should do the following: pull your car over to a safe place and turn off your vehicle, determine if the pedestrian needs medical attention, call the police to report the accident, take photographs of the accident, exchange information with the people at the scene, and report the accident to your insurance company.
If you are a pedestrian involved in an accident, you should do the following: call for medical attention if the driver or other people at the scene have not yet, immediately take photos of your injuries and of the accident scene, exchange information with the people at the scene, and consider contacting an attorney.
What are my Duties as a Pedestrian to Avoid Accidents?
Pedestrians are responsible for obeying the rules of the road by yielding to cars and only crossing the street at crosswalks or corners. Pedestrians must also obey traffic lights and crossing signals, avoid jaywalking, carefully crossing the street, and avoid being distracted by cell phones when walking.
What Damages Can be Recovered in a Pedestrian Accident Case?
Pedestrians can recover financial damages for medical bills and lost wages. You can also recover damages for pain and suffering, loss of enjoyment of life, and inability to perform daily tasks.
Will my Pedestrian Accident Case Settle Out of Court?
Most pedestrian accidents settle out of court without going to trial. This will depend upon the details of your case.
How Can I Prove the Driver Was At-Fault in a Pedestrian Accident?
You must provide evidence or proof that the driver acted in a negligent manner that contributed to injuries which you can prove. The three aspects that must be proven include: the driver owed the pedestrian a duty of care, the driver breached that duty, and as a result, caused harm to the victim by violating that duty of care. At a high level, you will need to prove that you would not have been injured if the driver did not act in the way that they did.
How Long Will my Case Take to Resolve?
The length of time that your case takes to resolve will depend on various factors, including the extent of your injuries. Your attorney may be able to help provide guidance on the amount of time that they believe your case will take based off the previous experience handling cases that may be like yours.
What are the Most Common Causes of Pedestrian Accidents?
Common causes of pedestrian accidents include drunk driving, speeding, poor visibility due to bad weather, distracted driving, and improper lane use. In addition, potholes, uneven payment, construction zones, and debris can also contribute to pedestrian accidents.
What Should I Do If I Was Injured in a Hit-and-Run?
First, you should call the police and seek medical attention, taking pictures of your injuries and the accident scene. Gather contact information from any witnesses who may have witnessed the accident. Contact a member of our team to help evaluate your injuries and case to ensure you receive the compensation that you deserve.
Who Will Pay my Medical Bills If I Don’t Have Any Health Insurance?
The driver’s car insurance will be responsible for paying the first $2000 in your medical expenses from the accident. An experienced attorney can assist in reviewing the details of your case and can provide guidance on your lawsuit.
Are Bicyclists Considered as Pedestrians?
No, bicyclists are not considered to be pedestrians in Massachusetts.
What are the Most Common Pedestrian Injuries?
Common pedestrian accident injuries include broken bones, damage to internal organs, spinal damage, head injuries, paralysis, and even death.
I Believe the Driver Who Hit Was Texting. What Should I Do?
Texting and driving is against the law in Massachusetts. If the driver who was involved in your accident was texting, then the driver may have been behaving in a way that was negligent. If you believe the driver in your accident was texting, the best next step is to contact an attorney who will review the details of your case and potentially gather additional evidence to help determine whether there is enough information to prove negligence.
