Massachusetts Pedestrian Accident Attorneys
Walking You Through Your Pedestrian Accident Lawsuit
If you or a loved one is injured in a pedestrian accident, you need an experienced law firm like Baker Law. Paul Baker and Richard Mandel will protect your rights and pursue financial compensation on your behalf. Our team of dedicated attorneys are experts in traffic law. They understand how painful and stressful pedestrian accident cases can be. Contact Baker Law to be your pedestrian accident attorney to help you get back on the road to recovery quickly after your incident.
Did You Suffer Damages in a Pedestrian Accident?
There’s no such thing as a pedestrian accident — your injuries were likely caused by the negligence of a motor vehicle operator, or poor maintenance of roads and sidewalks.
You’re Not Alone — Pedestrian Accidents are Far Too Common!
2nd leading cause of death for injury-related accidents of children 5 – 19
5th leading cause of injury-related death in all ages
Over 135,000 pedestrian injuries annually in the United States
Common Causes of Pedestrian Accidents Include:
- Distracted driving
- Reckless or aggressive driving
- Running red lights or stop signs
- Driving under the influence of drugs or alcohol
- Failure to yield the right of way to pedestrians
- Poorly maintained roads or sidewalks
- Insufficient lighting in areas where pedestrians walk
- Failure to properly maintain vehicles, leading to accidents
What Steps Should You Take After Suffering Injuries as a Pedestrian?
Taking the right steps — and avoiding missteps — after your incident is vital. It can make things much easier later on when filing a pedestrian accident claim. Contact an experienced pedestrian accident attorney at Baker Law to guide you through the post-collision process.
Here are some DOs and DON’Ts following a pedestrian accident:
- DO call for emergency medical attention if needed.
- DO seek medical treatment from a healthcare professional as soon as possible. Even if injuries feel minor, this will ensure proper treatment and documentation of injuries.
- DO document the accident. Try to gather as much information as possible about the accident. This includes contact information of any witnesses, photos of the car, damage to the area, roadway markings and signs, and a written record of what happened.
- DO report the accident. Report the accident to the police and file an accident report. This will create an official record of the accident, which can be valuable in any subsequent legal proceedings.
- DO NOT speak with the negligent driver’s insurance company. Seriously, DO NOT do this. Auto insurance representatives reach out to pedestrian accident victims for a recorded statement. They might seem helpful, but they are looking for ways to lower any potential payout. Decline to speak with anyone other than your insurance company. Tell them that you are exploring your legal options.
- DO NOT sign anything without consulting an attorney. Be cautious of any paperwork from the insurance company, as it may not be in your best interest. Do not sign any documents or accept any settlement offers without first consulting with an attorney.
- DO NOT post about your injuries or the situation on social media. This information can be used against you in court.
Proving Liability in a Pedestrian Accident Case
To have a strong case, it is essential to prove the negligence and liability of the person responsible for the injured pedestrian. We aim to establish the four key elements of negligence to seek compensation for the accident victim.
Duty of Care
Different types of Duty of Care concerning pedestrian accidents can include:
Driver’s Duty of CareAll drivers have a legal obligation to exercise reasonable care when operating their vehicles to avoid causing harm to others, including pedestrians.
Property Owner’s Duty of CareProperty owners have a duty of care to maintain their property in a reasonably safe condition for visitors, including pedestrians. This includes maintaining sidewalks, walkways, and other areas that pedestrians use.
Municipal Duty of CareMunicipalities also have a duty of care to maintain sidewalks and roadways in a reasonably safe condition for pedestrians.
Breach of Duty of Care
When a driver acts carelessly, they breach their duty of care, which is an essential element in proving negligence. We will work to prove that the driver was at fault. This could include:
- Being distracted
- Violating traffic laws
- Acting recklessly
We will work to establish causation — which is the link between the incident and the resulting injuries. If you were hit by a car in a crosswalk, we establish that the driver’s actions were the direct cause of your injuries by presenting evidence such as videos, photos, and witness testimony of the traffic accident.
Finally, we must prove the compensation owed to you as a result of your injuries. This includes medical bills, lost wages, and other documentation demonstrating the accident’s impact on your life. Insurance companies will require this information to determine the amount of financial compensation owed to the pedestrian accident victim.
What Can You Recover in a Massachusetts Pedestrian Accident?
In a Massachusetts pedestrian accident, you may be able to recover the following damages:
This includes past and future medical bills, rehabilitation expenses, and other medical expenses related to the accident.
You may be able to recover the wages you lost as a result of the accident and your inability to work.
Pain and Suffering
This includes compensation for the physical and emotional pain and suffering that resulted from the accident.
If your personal property was damaged in the accident, you may be able to recover its repair or replacement costs.
Loss of Consortium
If the pedestrian accident resulted in a significant impact on the victim’s relationship with their spouse, they may be able to recover damages for loss of consortium.
It is important to note that in Massachusetts, there is a statute of limitations for personal injury claims. This means that victims have a limited time to file a claim. An experienced personal injury attorney can help ensure that all the necessary evidence is gathered and that the claim is filed within the required timeframe.
Reach Out for a Free Consultation and Case Evaluation with No Obligation or Fee — Just Advice.
Injured in a pedestrian accident? Contact our law firm — especially before speaking with insurance representatives. Get advice at NO cost and with NO obligation. We can answer your questions and provide direction. If you retain us as your Boston pedestrian accident lawyers, we handle all communications and negotiations with insurance companies.
Focus on your health and recovery, and we’ll get you the maximum compensation you deserve.