Pedestrian Accident
Pedestrian Accidents: Your Rights & What To Do
Pedestrian accidents are some of the most devastating collisions — and they occur far more often than people realize. If you were struck by a vehicle while walking, you still have strong legal rights, even if you believe you made a mistake or were not in a crosswalk at the time.
Massachusetts has some of the strictest pedestrian-protection laws in the country, and drivers are held to a high standard of care.
What To Do After a Pedestrian Accident
Many of the same steps as a motor vehicle accident apply, but with even greater urgency:
1. Get Immediate Medical Attention
Pedestrian collisions often cause serious injuries.
If you are in pain, dizzy, disoriented, or unable to walk:
- Insist on an ambulance
- Do not move unless directed by medical personnel
- Go to the ER or urgent care the same day
Even minor injuries can worsen without treatment, and early records are critical for your case.
2. Exchange Information & Document the Scene
If physically able:
- Get the driver’s license, insurance, and plate number
- Take photos and videos of the scene, the vehicle, your injuries, and the surrounding area
- Ask for witness names and phone numbers
- Insist on a police report, which is especially important in pedestrian cases
If you cannot gather information due to injuries, an attorney can obtain it later.
Do Not Assume You Don’t Have a Case
One of the biggest myths in pedestrian accidents is that you lose your claim if:
You were not in a crosswalk
The pedestrian signal was not green
You crossed in the middle of the street
You stepped off a curb unexpectedly
You were wearing dark clothing
This is wrong.
Massachusetts Strongly Favors Pedestrians
Massachusetts laws require drivers to operate with extreme caution around pedestrians
— even when the pedestrian is not in a marked crosswalk.
Key protections include:
- Drivers must yield to pedestrians within 300 feet of a sidewalk or crosswalk area.
- Drivers must use reasonable care to avoid hitting a pedestrian in almost all circumstances.
- Pedestrian signals (“walk/don’t walk” signs) are not absolute defenses for drivers and are treated more like guidance than fault-determinative rules.
- Drivers must slow down, look ahead, and anticipate pedestrians — not the other way around.
Even if a pedestrian is partially at fault, Massachusetts’ comparative negligence rule still allows recovery so long as the pedestrian is not more than 50% at fault.
In many cases, the driver is still primarily responsible.
Common Causes of Pedestrian Accidents
- Distracted driving
- Speeding
- Failure to yield
- Improper turns
- Backing up without checking mirrors
- Poor visibility
- Impatient or aggressive driving
- Drunk or impaired driving
Drivers have a duty to see what is there to be seen — including you.
You May Be Entitled To Compensation For:
- Medical bills
- Pain and suffering
- Lost wages
- Future medical care
- Permanent injuries or scarring
- Loss of mobility
- Emotional trauma
- Loss of consortium (spouse)
Pedestrian injuries often lead to high medical costs and long recovery periods. You should not carry that burden alone.
Hit as a Pedestrian? Call Us Immediately.
Time and evidence are critical in pedestrian cases.
We act fast to protect your rights, gather evidence, and pursue full compensation.
You do not need to be in a crosswalk. You do not need a green light. You still have a case.
Let us fight for you.
Contact us today for a free consultation.