Proving Driver Negligence in a Massachusetts Pedestrian Accident Case
If you or a family member has suffered serious injuries or severe injuries after being struck by a vehicle in Massachusetts, you need a pedestrian accident lawyer with a proven track record of achieving the best outcome for injury victims. At Gavagan Law, our legal team represents clients in Dorchester, Milton, Quincy, Cambridge, Somerville, and throughout Massachusetts, fighting for fair compensation and the maximum compensation the law allows.
One of the most effective ways to prove fault in personal injury cases—including car accidents, truck accidents, and pedestrian injury claims—is through the driver’s own words in a deposition.
Show the Driver Knew the Area Was Pedestrian-Heavy
In our case example, the driver admitted they were familiar with the area, including a nearby MBTA station, crosswalks, and local businesses. Drivers in such areas are expected to be more alert.
Local note: Dorchester, Milton, Quincy, Cambridge, and Somerville have high pedestrian traffic zones—especially near transit stops and schools—making caution essential.
Highlight Driver Distraction
The driver testified their attention was on pedestrians standing on the sidewalk—not the crosswalk directly ahead. Distraction is a frequent cause of car accidents and can lead to devastating personal injury cases.
Identify Unsafe, Last-Second Decisions
The driver admitted they hadn’t decided whether to go straight or turn until the last moment. Sudden, unsignaled turns put pedestrians at risk of severe injuries and even traumatic brain injuries.
Prove the Pedestrian Was Clearly Visible
The pedestrian was more than three-quarters of the way across a well-lit, clearly marked crosswalk. Streetlights and headlights from a stopped vehicle illuminated the scene.
Use Objective Evidence
We secured police reports, witness statements, and video evidence showing the driver did not signal before turning. They were cited under M.G.L. c. 89, § 11 for failing to yield to a pedestrian in a crosswalk and did not contest it. Such evidence, combined with expert testimony, is powerful in proving negligence to insurance companies.
Counter “Blame the Pedestrian” Arguments
The driver claimed the pedestrian stepped backward into the vehicle. In reality, any backward step was a defensive move to avoid being hit—a reasonable reaction under the circumstances.
Apply Massachusetts Right-of-Way Laws
Massachusetts law requires drivers to yield to pedestrians in marked crosswalks, even without an active walk signal. Ignoring this rule can lead to serious injuries, hospital visits, mounting medical bills, and the need for medical attention long after the accident.
How This Fits Into Common Pedestrian Accident Scenarios
While this case happened in a crosswalk, Massachusetts pedestrian accidents occur in many situations, including:
- Parking Lots: Drivers reversing or rushing for spots
- Intersections: Turning without checking for pedestrians
- Sidewalks: Drivers mounting curbs or losing control
- Nighttime: Poor visibility increasing crash risk
Comparative Negligence in Massachusetts
Even if a pedestrian is partly at fault—such as jaywalking or crossing against the light—they may still recover damages as long as they are less than 51% at fault. If found 10% at fault, their award is reduced by 10%.
What Evidence Your Legal Team Will Seek
In a pedestrian accident case, our personal injury attorneys pursue:
- Deposition testimony from the driver
- Police reports and witness statements
- Video or security footage
- Crosswalk design and lighting data
- Expert testimony
- Records of medical bills and lost wages
Gavagan Law – Fighting for Pedestrian Accident Victims
At Gavagan Law, our personal injury lawyers and pedestrian accident attorneys help injury victims get the legal help they need. Whether your case involves car accidents, truck accidents, or even medical malpractice that compounds your injuries, we handle the details—so you can focus on healing. We work with insurance companies to secure the maximum compensation for your injuries, and we aren’t afraid to take a case to trial for the best outcome.
We offer a free consultation and an easy-to-use contact form for new clients. Call 617-206-4747 or fill out our contact form today for immediate legal help.
FAQ – Massachusetts Pedestrian Accident Claims
Q: What should I do right after being hit by a car?
Seek medical attention immediately, call the police, obtain police reports, get the driver’s information, and gather witness statements.
Q: How long do I have to file a pedestrian accident claim in Massachusetts?
Generally, three years from the accident date, but act quickly to preserve evidence and expert testimony.
Q: Does PIP cover pedestrians?
Yes. Even if you weren’t in a vehicle, PIP coverage from the driver’s insurance company can help cover medical bills and lost wages.
