When someone is injured in a Massachusetts car accident, they can pursue a personal injury claim against any party they believe to be at fault for their injuries. Most car accident cases are brought under the theory of negligence, and as a result, many car accident claims raise similar issues. Of course, there are many different types of accidents, and claims based on the same kind of accident frequently raise related issues.
Take, for example, Massachusetts pedestrian accidents. These accidents typically involve severe injuries because, in many cases, motorists hit a pedestrian while traveling at a high rate of speed. However, even a low-speed collision can cause significant injuries, especially if the pedestrian strikes their head against the ground or a part of the car. Being able to substantiate the extent of a pedestrian’s injuries is a critical component of a pedestrian accident lawsuit.
Another issue that frequently comes up in Massachusetts pedestrian accident cases is the comparative fault of the pedestrian. Generally, motorists must yield to pedestrians. Thus, when a motorist strikes a pedestrian, the motorist will likely be primarily at fault. However, under Massachusetts law, a defendant can argue that the accident victim’s comparative negligence should reduce the victim’s total recovery amount. In some cases where an accident victim is found to be at least 51 percent at fault, they will be prevented from recovering anything for their injuries. Thus, it is also crucial for pedestrian accident victims to minimize their responsibility to preserve the ability to recover.