Massachusetts pedestrian accidents often result in life-threatening injuries. Despite common misconceptions, individuals who are hit by a car are not automatically entitled to compensation. Pedestrian injury victims wishing to recover damages must establish that the other party was negligent. In many cases, the party who hit the pedestrian may dispute liability, and insurance companies may deny coverage. In addition to threshold tort issues, pedestrian accident victims must abide by strict filing and notice requirements and the state’s statute of limitations.
Under Massachusetts law, injury victims must prove that their injuries meet the minimum criteria to file a tort action against the responsible party. If a victim cannot meet the threshold, they may recoup losses through their Personal Injury Protection coverage. Victims who wish to file a lawsuit against the at-fault driver, must be able to establish that they suffered more than $2,000 in medical expenses related to broken bones, eye or ear injuries, or permanent scarring or disfigurement.
Pedestrians may recover economic and non-economic damages for their injuries and losses. Economic damages are generally objective, quantifiable losses such as lost wages and medical bills. Whereas, non-economic damages are subjective and include losses related to loss of enjoyment of life, pain and suffering, and loss of companionship and consortium. Unlike many other states, Massachusetts only allows punitive damages, which are designed solely to punish the wrongdoer, in cases of wrongful death where the defendant acted willfully or with wanton disregard of another’s safety. Injury victims must file their damages claim within three years of the accident—however, certain narrow exceptions exist, such as when the victim was a minor when the accident occurred.
These accidents can result in serious injuries, including broken bones, spinal cord damage, traumatic brain injury, internal bleeding, and even death. For example, according to a recent report, a man suffered fatal injuries after a vehicle struck him. The pedestrian was hit by a car while he was crossing a crosswalk. An initial investigation shows that the driver was not speeding; however, officials are continuing to investigate the accident’s circumstances.
In cases like this, there are potentially several at-fault parties. The driver may be responsible for his negligence in failing to observe the pedestrian. The car manufacturer might be liable if a defect caused the driver to crash into the pedestrian. Additionally, a government entity may be responsible as well, if the accident was due to an unsafe or unmarked crosswalk.
Massachusetts Pedestrian Accident Attorneys
If you or someone you know has suffered injuries in a Boston pedestrian accident, contact the experienced attorneys at the Law Offices of Barry Feinstein and Affiliates, P.C. The attorneys at our law firm have over 25 years of experience advocating on behalf of Massachusetts injury victims against big insurance companies, negligent government entities, and at-fault motorists. We represent injury victims in their claims arising from car, motorcycle, and pedestrian accidents, premises liability, dog bites, defective products, nursing home abuse, and insurance disputes. We possess the skills, knowledge, and resources to effectively advocate for our clients in front of adversarial insurance companies, judges, and juries. Contact our office for a free consultation at 800-262-9200.