Massachusetts Pedestrian Accident Lawyer

At the Law Office of Michael J. Carroll today, we understand how life-changing a pedestrian accident can be, and we’re here to provide the skilled, personalized support you need during this difficult time. Don’t wait, your path to justice and recovery starts with one phone call to (617) 816- 1072.

When walking through your neighborhood or navigating busy intersections like Tremont Street in Boston, Massachusetts Avenue in Cambridge, or Shrewsbury Street in Worcester, the last thing you expect is to be struck by a vehicle. Yet, pedestrian accidents remain an alarming public safety issue across the Commonwealth.

Suppose you've been hit by a car while crossing the street, walking near a parking lot, or using a sidewalk. In that case, you may be entitled to compensation, and a knowledgeable Massachusetts pedestrian accident lawyer can help you fight for it.

Pedestrian injuries are often catastrophic due to the lack of protection a person has when struck by a moving vehicle. Victims frequently face extensive medical treatment, lost income, and emotional trauma.

Whether the crash happened in a marked crosswalk near Fenway Park or outside an MBTA station during your daily commute, you deserve experienced and compassionate representation to help rebuild your life.

Massachusetts Pedestrian Accident Lawyer Explains The Growing Risk of Pedestrian Accidents in Massachusetts

Massachusetts has seen a troubling rise in pedestrian fatalities in recent years, particularly in urban areas like Boston, Somerville, and Springfield. Factors like distracted driving, speeding, and poor visibility at night make everyday travel dangerous for those on foot. Even well-lit areas like Copley Square or Coolidge Corner can become accident hotspots when drivers fail to yield.

Common locations where pedestrian crashes often occur:

Crosswalks and intersections without traffic signals
School zones and residential neighborhoods
Bus stops and parking garages
Downtown shopping areas and entertainment districts

If your injury occurred in any of these settings, don’t wait to speak with a pedestrian injury attorney in Massachusetts who understands the nuances of state and local laws.

Why Legal Help Is Critical After a Crosswalk Collision

Getting legal help for crosswalk accidents quickly is essential. Insurance companies often try to shift blame onto the pedestrian or minimize payouts. A lawyer can help you preserve crucial evidence, speak to witnesses, and handle the paperwork and negotiations so you can focus on healing.

With the right advocate on your side, you can hold negligent drivers accountable and pursue the financial support you need for recovery. Keep reading to learn more about your legal rights, potential compensation, and how a trusted pedestrian accident attorney can guide you every step of the way.

Here are updated pedestrian accident statistics and trends crucial for understanding crash risk in Massachusetts:

Rising Pedestrian Fatalities in Massachusetts

Pedestrian safety has become a growing concern across the Commonwealth. In 2023, 69 pedestrians lost their lives in traffic accidents, representing 20% of all fatal crashes statewide. This figure, while down from a pandemic-era high of 101 deaths, remains consistent with the 22-year state average.

Where Pedestrian Accidents Most Often Occur

The majority of fatal pedestrian crashes, approximately 77%, take place on local, municipally controlled roads, not on state highways. Hotspots include:

Intersections and crosswalks in urban centers like Boston, Springfield, and Brockton
Busy commuter corridors near MBTA stations and along Route 9 in Framingham, Natick, and Newton

Time of Day & Lighting Conditions

Visibility plays a major role in pedestrian safety. Nearly 70% of fatal crashes happen in the dark, before sunrise or after sunset. Pedestrian deaths also spike between 5 PM and 10 PM, coinciding with rush hour and evening activities.

Disproportionate Impact on Older Adults & Environmental Justice Communities

Seniors make up a large share of victims: those aged 65 and older comprise 32% of pedestrian fatalities, despite making up only 18% of the population. Additionally, over half (54–67%) of fatal pedestrian crashes occur in Environmental Justice communities, highlighting serious equity and infrastructural issues.

Hit-and-Run Incidents & Vehicle Types

Hit-and-run crashes remain tragically common; seven fatal incidents in 2023 involved hit-and-run, resulting in eight deaths. In around 70% of fatal pedestrian accidents, the striking vehicle is a passenger car, while light trucks (including SUVs and vans) account for roughly 21%.

Seasonal and National Trends

Pedestrian fatalities in Massachusetts reflect national concerns. Statewide, the number of pedestrian deaths tends to spike between October and March, due to shorter daylight hours and hazardous driving conditions. Nationally, pedestrian fatalities decreased slightly in 2023 but remain 14% higher than pre-pandemic levels. Over the past decade, U.S. pedestrian deaths have increased by approximately 77% compared to a 22% rise in other traffic fatalities.

Key Takeaways for Injured Pedestrians

Predominance on local roads means that faulty sidewalks, poor lighting, and inadequate crosswalks may contribute to crashes.
Nighttime vulnerability highlights the importance of visibility and speed control.
Age and equity disparities underscore the need for better infrastructure and policy responses.
Escalating national trends indicate a broader pedestrian safety crisis that requires urgent action.

Understanding these trends is vital when pursuing legal action after sustaining injuries as a pedestrian. A pedestrian accident lawyer in Massachusetts can use data on location, timing, and roadway conditions to establish negligence and build a compelling case.

Common Causes of Pedestrian Accidents According to a Massachusetts Pedestrian Accident Lawyer

Pedestrian accidents can occur anywhere in Massachusetts, from the congested streets of downtown Boston to suburban crosswalks in places like Quincy or Waltham. These incidents are often sudden and traumatic, leaving victims with serious injuries and unexpected hardships. Understanding the common causes of pedestrian accidents can help victims recognize when a driver or other party may be legally responsible.

Driver Negligence Is the Leading Factor

Negligent drivers cause the overwhelming majority of pedestrian accidents in Massachusetts. In busy urban areas like Cambridge, Somerville, and Worcester, motorists often fail to exercise the necessary care when pedestrians are nearby. Common driver behaviors that lead to pedestrian crashes include:

Failure to yield at crosswalks or intersections
Distracted driving, including texting or using GPS apps
Speeding through residential or school zones
Making unsafe turns without checking for foot traffic
Running red lights or stop signs

When drivers ignore marked crosswalks or blow-through stop signs on streets like Huntington Avenue or Beacon Street, they put pedestrians at extreme risk. Even a low-speed collision can cause life-altering injuries to someone on foot.

Poor Visibility and Inadequate Lighting

Many pedestrian accidents occur at night or in poorly lit conditions. In areas where street lighting is inadequate, such as older neighborhoods in Springfield or low-traffic zones in Brockton, drivers may not see pedestrians crossing until it’s too late. Rain, snow, and fog can also reduce visibility and increase stopping distances.

Massachusetts experiences early nightfall during winter months, making it more dangerous to walk along roads like Route 9, especially near crosswalks that lack flashing beacons or signage. Drivers are legally required to exercise greater caution in low-visibility situations, and failure to do so may be grounds for liability.

Jaywalking and Pedestrian Error

While drivers are most often at fault, pedestrians can sometimes contribute to accidents. Jaywalking, crossing against the signal, or darting into traffic unexpectedly can reduce a pedestrian’s ability to recover full compensation. However, under Massachusetts’ comparative negligence laws, pedestrians may still recover damages if they are not more than 50% at fault.

This reinforces the importance of working with a pedestrian injury attorney in Massachusetts who can investigate the scene and protect your legal rights, even if fault is shared.

Impaired Driving and Aggressive Behavior

Alcohol and drug use continue to play a significant role in pedestrian accidents. Drivers under the influence often exhibit delayed reaction times and reduced awareness of their surroundings, making it harder to spot and yield to people crossing the street.

In some cases, drivers may act aggressively toward pedestrians, refusing to slow down, tailgating near crosswalks, or revving engines to intimidate someone in the roadway. These behaviors are reckless and can have devastating consequences.

Dangerous Road Design and Poor Infrastructure

Some accidents aren’t solely the driver’s fault. Massachusetts has many roads that are not designed with pedestrian safety in mind. Missing sidewalks, worn-out crosswalk markings, and long distances between safe crossing points all contribute to the risk of a crash.

Intersections on roads like Route 138 in Stoughton or Blue Hill Avenue in Boston are known trouble spots due to high vehicle speeds and limited pedestrian infrastructure. In these cases, municipalities may be partially liable for unsafe roadway conditions.

Understanding what caused your pedestrian accident is the first step toward building a strong claim. Our team of skilled Massachusetts pedestrian accident attorneys can help investigate the details, determine liability, and pursue the compensation you need to recover.

Types of Injuries Pedestrians Suffer in Accidents

When a vehicle collides with a pedestrian, the injuries are often severe and life-altering. Without the protection of a vehicle, pedestrians bear the full force of impact from thousands of pounds of fast-moving metal. These injuries frequently lead to emergency medical treatment, long-term rehabilitation, and permanent disability.

Understanding the most common types of injuries can help victims and their families grasp the seriousness of their cases and the importance of securing legal representation.

Traumatic Brain Injuries

One of the most devastating consequences of a pedestrian accident is a traumatic brain injury. Even when a collision occurs at low speeds, pedestrians may be thrown to the ground, striking their heads on the pavement or a vehicle. TBIs can range from mild concussions to severe brain damage, and symptoms may not appear immediately after the crash.

Victims suffering from head trauma may experience:

Persistent headaches or dizziness
Memory loss and difficulty concentrating
Personality changes or mood swings
Seizures or loss of consciousness

A pedestrian with a head injury from a crash may face months or years of recovery, or may never regain full cognitive function. Early medical intervention and legal action are both critical in these cases.

Orthopedic Injuries: Fractures and Dislocations

Broken bones are among the most common pedestrian injuries. The force of a car hitting a person can easily shatter bones in the legs, arms, ribs, pelvis, or face. Many of these injuries require surgery, immobilization, and physical therapy.

Common fractures include:

Tibia/fibula (lower leg)
Femur (thigh bone)
Pelvis or hip socket
Clavicle (collarbone)
Facial bones (especially in falls after impact)

Some broken bones lead to long-term complications like arthritis, mobility limitations, and chronic pain.

Spinal Cord Injuries and Paralysis

In more severe pedestrian crashes, victims may suffer damage to the spinal cord, leading to temporary or permanent paralysis. These injuries often occur in high-speed collisions, especially when the victim is thrown into the air or pinned between two objects.

Symptoms of spinal trauma can include:

Loss of feeling or movement in the arms or legs
Numbness or tingling
Loss of bladder or bowel control
Partial or complete paralysis

These cases are especially complex and may require extensive long-term care. A skilled pedestrian injury attorney in Massachusetts can help secure compensation to cover lifetime needs.

Internal Injuries and Organ Damage

Not all serious injuries are immediately visible. Internal bleeding, punctured organs, or ruptured blood vessels are common in pedestrian accidents and can be life-threatening without prompt treatment. The impact from a vehicle, even at relatively low speeds, can cause blunt-force trauma to the abdomen or chest, leading to injuries to the liver, spleen, or lungs.

Victims may not realize they’re suffering from internal injuries until hours or days after the crash. That’s why it’s crucial to seek medical attention immediately, even if you feel fine.

Soft Tissue Injuries and Road Rash

Pedestrians can also suffer soft tissue injuries like sprains, muscle tears, and contusions. While these may sound minor, they can cause ongoing pain and limit mobility. Additionally, when a pedestrian is knocked to the ground or dragged across the pavement, road rash and severe abrasions can occur, leading to infections, scarring, or the need for skin grafts.

If you’re dealing with a painful case of road rash or another type of serious injury, an experienced Massachusetts pedestrian accident lawyer can help you fight for compensation for both your medical care and your suffering.

From visible fractures to hidden internal trauma, pedestrian accident injuries are often more severe than they initially seem. Working with a lawyer who understands the full scope of these injuries is essential for getting the justice and financial support you deserve.

Massachusetts Pedestrian Accident Lawyer’s Guide for What to Do After a Pedestrian Accident

A pedestrian accident can leave you shaken, disoriented, and unsure of what to do next. Whether you were hit in a bustling Boston intersection or a quiet Worcester neighborhood, the steps you take in the moments and days following the incident can significantly affect your physical recovery and your ability to secure compensation. Here’s what you should do to protect your health and legal rights.

Seek Immediate Medical Attention

Your first priority after a pedestrian accident is your health. Even if you don’t feel severely hurt, many serious injuries, like internal bleeding or a concussion, may not be immediately obvious. Call 911 or ask someone nearby to do it. Paramedics can assess your condition and take you to the hospital if necessary.

Getting medical treatment right away also creates documentation that will be critical if you decide to pursue a legal claim.

Call the Police and File an Official Report

Massachusetts law requires that any pedestrian accident involving injury or death be reported to local law enforcement. When the police arrive, give them an accurate account of what happened, but avoid making statements that could be misinterpreted as admitting fault.

The police report can provide vital information about the incident, including witness names, driver information, and the officer’s initial assessment.

Collect Evidence at the Scene If You Can

If you're physically able, try to gather information at the scene before it's cleaned up. This includes:

Taking photos of your injuries, the vehicle, and the surrounding area
Writing down the license plate number and driver’s contact info
Asking bystanders for their names and phone numbers in case they witnessed the crash

Avoid Speaking With the Insurance Company Alone

After a pedestrian accident, you may be contacted by the driver’s insurance company. While they may seem cooperative, remember that insurers are focused on minimizing payouts, not protecting your interests. Never give a recorded statement or accept a settlement offer without first speaking with a Massachusetts pedestrian accident lawyer.

Contact a Lawyer Right Away

An experienced pedestrian injury attorney can help you navigate the claims process, gather additional evidence, and deal with insurance adjusters so you don’t have to. Legal guidance early on can make the difference between a low settlement and the full compensation you deserve.

The aftermath of a pedestrian accident can be overwhelming, but with the right support and a clear action plan, you can start putting your life back together.

Understanding Liability in a Massachusetts Pedestrian Accident Case

Determining who is legally responsible, or liable, in a pedestrian accident is a crucial part of any personal injury claim. In Massachusetts, liability often hinges on the actions of the driver, the pedestrian, and even third parties like municipalities. Whether you were hit while crossing Boylston Street in Boston or walking along Route 18 in Brockton, understanding how fault is determined can help you build a strong case for compensation.

Driver Negligence Is Often the Primary Cause

In most pedestrian accidents, the motor vehicle driver is at least partially at fault. Under Massachusetts law, all drivers have a duty to operate their vehicles safely and yield to pedestrians in crosswalks. When they fail to do so, they can be held liable for the resulting injuries.

Examples of driver negligence include:

Failing to yield at marked or unmarked crosswalks
Speeding in residential or school zones
Distracted driving (texting, using GPS, etc.)
Driving under the influence of alcohol or drugs
Running red lights or stop signs

Even if a pedestrian wasn’t in a designated crosswalk, the driver still has a duty to exercise reasonable care, especially in areas with high foot traffic or poor visibility.

Shared Fault and Massachusetts’ Comparative Negligence Rule

Massachusetts follows a modified comparative negligence rule, which means more than one party can share responsibility for a crash. If a pedestrian is found partially at fault, such as for jaywalking or crossing against a signal, they may still recover compensation as long as they are not more than 50% at fault.

However, their financial recovery will be reduced by their percentage of fault. For example, if a jury awards $100,000 in damages but finds the pedestrian 20% at fault, they would receive $80,000.

Common pedestrian mistakes that can affect liability include:

Crossing outside a designated crosswalk
Failing to obey traffic signals
Walking in areas where pedestrians are prohibited

A knowledgeable pedestrian accident lawyer in Massachusetts can investigate the circumstances and counter any efforts by insurance companies to unfairly shift blame.

Other Potentially Liable Parties

In some cases, drivers aren’t the only ones responsible. Third parties may share liability if poor road design, malfunctioning traffic signals, or lack of adequate signage contributed to the crash. For example, if a traffic light on Commonwealth Avenue was not working properly and led to driver confusion, the municipality may bear partial responsibility.

Liable third parties may include:

Government entities (for poor signage, lighting, or crosswalk maintenance)
Property owners (for obstructed sidewalks or dangerous walking paths)
Commercial vehicle companies (if a company vehicle was involved and improperly maintained)

These cases can become complex quickly, especially when multiple insurance policies are involved or government agencies are named.

Proving Liability in a Pedestrian Accident Case

To successfully prove liability, your attorney must gather and present strong evidence, such as:

Police reports
Eyewitness statements
Surveillance or dashcam footage
Accident reconstruction analysis
Medical records and expert testimony

This evidence can help establish how the crash occurred, who was at fault, and the full extent of your damages.

Understanding liability in a Massachusetts pedestrian accident case requires a thorough investigation and a strong legal strategy. By working with an experienced attorney, you can ensure that all liable parties are held accountable and that you receive the compensation you need to recover.

Compensation Available for Injured Pedestrians

Pedestrian accidents often result in severe, long-lasting injuries that can upend every aspect of a victim’s life. From mounting medical bills to lost income and emotional trauma, the financial burden can feel overwhelming.

Fortunately, Massachusetts law allows injured pedestrians to pursue compensation from the at-fault party or parties. With the help of a skilled pedestrian injury attorney in Massachusetts, you can seek damages that reflect the full extent of your losses.

Types of Recoverable Damages in Pedestrian Accident Cases

In a personal injury claim, damages are typically divided into two categories: economic and non-economic.

Economic damages refer to measurable financial losses, such as:

Medical expenses (hospital stays, surgeries, rehabilitation, medication)
Lost wages and reduced earning capacity
Out-of-pocket costs (transportation, home modifications, assistive devices)

Non-economic damages cover the more personal and subjective effects of an accident, including:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement or permanent disability

If the pedestrian was killed in the accident, the surviving family members may be eligible to file a wrongful death claim, which can include funeral costs, loss of companionship, and the deceased’s projected future earnings.

Insurance Coverage and Legal Avenues

Massachusetts is a “no-fault” insurance state, meaning that injured pedestrians may be eligible for coverage under Personal Injury Protection insurance, even if they weren’t driving a car. PIP coverage typically pays for medical expenses and a portion of lost wages, up to a certain limit, regardless of who caused the accident.

However, in more serious cases where injuries exceed the PIP limits or involve permanent damage, you can step outside the no-fault system and file a personal injury lawsuit against the party responsible. This allows you to seek full compensation, including non-economic damages that PIP does not cover.

Maximizing Your Recovery

To recover the compensation you deserve, you’ll need to present compelling evidence and negotiate with powerful insurance companies. A knowledgeable Massachusetts pedestrian accident lawyer can help evaluate your damages, gather supporting documents, and fight to maximize your settlement or court award.

Pedestrian accidents can have devastating consequences, but with strong legal representation, you can secure the financial support you need to rebuild your life and move forward with confidence.

The Role of a Massachusetts Pedestrian Accident Lawyer

After a serious pedestrian accident, victims often face a long road to recovery, physically, emotionally, and financially. The legal process can be confusing and overwhelming, especially while trying to heal from your injuries.

A dedicated Massachusetts pedestrian accident lawyer plays a vital role in helping you protect your rights, build a strong case, and recover the compensation you deserve. From the first consultation to final settlement or trial, your attorney is your advocate every step of the way.

Investigating the Accident Thoroughly

One of the first and most important steps a pedestrian accident attorney takes is conducting a detailed investigation. This includes gathering and preserving evidence that can help establish fault and strengthen your claim. Your lawyer will work to collect:

Police reports and incident documentation
Photos or videos from the scene (including traffic or surveillance footage)
Eyewitness statements
Medical records and expert opinions
Data from nearby traffic signals or vehicle black boxes (if applicable)

Whether the accident occurred on Tremont Street in Boston or a residential road in Lynn, a skilled lawyer will examine all available facts to determine how the incident occurred and who should be held responsible.

Establishing Liability and Countering Insurance Tactics

In many pedestrian accident cases, liability can become a point of contention, especially when the insurance company attempts to shift blame onto the injured pedestrian. Your attorney will know how to counter these strategies using evidence and applicable Massachusetts laws, including comparative negligence rules.

By clearly demonstrating the driver’s fault (such as failure to yield at a crosswalk or distracted driving), your lawyer can prevent insurers from reducing or denying your compensation unfairly.

Calculating Damages and Pursuing Full Compensation

A pedestrian accident lawyer also plays a critical role in accurately assessing the value of your claim. Many victims underestimate the long-term impact of their injuries, especially when it comes to ongoing medical care, loss of future earning potential, and non-economic damages like pain and suffering.

Your attorney will consider all relevant factors, including:

Current and anticipated medical costs
Lost income and loss of earning capacity
Emotional trauma and diminished quality of life

This comprehensive approach ensures you are not left with out-of-pocket expenses down the road.

Negotiating or Litigating on Your Behalf

Most personal injury cases are settled out of court, but successful negotiation requires skill, experience, and a deep understanding of how insurers operate. A trusted pedestrian injury attorney in Massachusetts will handle all communications with the insurance company and fight for a fair settlement. If negotiations break down, your lawyer will be fully prepared to take the case to trial and argue for your rights in front of a judge or jury.

Providing Support and Peace of Mind

Beyond the legal work, a good pedestrian accident attorney provides peace of mind. They handle the stress of the legal process so you can focus on healing. You’ll have someone in your corner who truly understands what you’re going through and is committed to helping you rebuild your life.

Having the right lawyer by your side can significantly impact your recovery journey. With compassionate guidance and robust advocacy, you won’t have to face the aftermath of a pedestrian accident alone.

Contact a Massachusetts Pedestrian Accident Lawyer; Get the Legal Help You Deserve

If you’ve been struck by a vehicle while walking in Massachusetts, whether in a crosswalk near Fenway Park or along a neighborhood street in Worcester, you shouldn’t have to deal with the physical, emotional, and financial fallout alone. Holding negligent drivers accountable isn’t just about compensation; it’s about justice, healing, and protecting your future.

An experienced Massachusetts pedestrian accident lawyer can help you pursue the compensation you deserve and guide you through every step of the legal process with compassion and dedication.

Contact the Law Office of Michael J. Carroll today at (617) 816-1072 to schedule a free, confidential consultation. We proudly represent pedestrian accident victims across Massachusetts and Rhode Island. Let us help you protect your rights, hold the responsible party accountable, and move forward with confidence.