Many parties could be at fault in a pedestrian accident in Massachusetts. While a driver is often liable, depending on the details of the incident, other parties could be responsible, including a cyclist and the municipality.
A Boston pedestrian accident lawyer will investigate what happened and identify the at-fault party. Using the available evidence, your attorney will build a strong case to recover maximum compensation for you.
Identifying the At-Fault Party
Identifying the at-fault party in a pedestrian accident can be difficult because multiple factors may be involved. A Boston personal injury lawyer will review all aspects of the accident, such as witness testimony, traffic camera footage, and accident reports, to determine who is truly responsible.
The Driver
If you were hit by a car as a pedestrian, the responsible party will likely be the driver. These types of accidents are particularly dangerous because pedestrians do not have the protection that vehicle occupants do, making them more vulnerable to serious injuries or even death.
A driver can be at fault for a pedestrian accident if they fail to follow traffic laws and engage in reckless actions, such as:
- Speeding
- Driving under the influence
- Texting while driving
- Distracted driving
- Not stopping at a red light
- Failing to yield
A Cyclist
If a cyclist is riding on a sidewalk, ignoring traffic signals, or not yielding the right of way to pedestrians on crosswalks, they can be held responsible. Additionally, if the cyclist is speeding or riding unsafely (such as weaving in and out of pedestrian traffic), they may be considered negligent.
A Government Entity
A government entity can be responsible for a pedestrian accident if poor road conditions, inadequate signage, or faulty infrastructure contribute to the incident. For example, if a pedestrian is injured due to poorly lit streets, the local government or responsible agency may be held accountable for failing to maintain safe conditions.
In some cases, the government may also be liable if traffic signals or warning signs malfunction. However, holding a government entity responsible can be more complex, so you should always work with a Massachusetts pedestrian accident attorney.
The Manufacturer of Faulty Vehicle Parts
If a defect in a vehicle’s parts causes the driver to lose control, the car manufacturer may be responsible for the damage. To hold the manufacturer liable, you would need to show that the defect directly caused the accident and that the manufacturer’s carelessness led to the faulty part being in the vehicle.
For example, if a vehicle’s brakes fail due to a manufacturing defect, causing the driver to hit a pedestrian, the manufacturer could be held liable under product liability laws. Similarly, if a malfunctioning steering system or defective airbag causes an accident, the manufacturer may be responsible for the injuries resulting from the crash.
Product liability claims can be complex, but they may provide compensation for the victim if the manufacturer is found to be at fault. A product liability lawyer in Boston will guide you through the claim process.
A Construction Company
Construction companies are required to follow safety regulations to protect both workers and the public. If they neglect these duties, they may be found negligent and liable for any injuries that occur as a result.
For example, if the company failed to mark off the construction area properly, did not provide proper signage or warnings for pedestrians, or left debris on sidewalks, they could be held responsible for causing the accident.
Massachusetts Is a Modified Comparative Negligence State
Massachusetts is a modified comparative negligence state, which means that if you are involved in an accident, the amount of compensation you can receive may be reduced based on your own level of fault. In this system, the fault is divided among all parties involved, and each party is responsible for their percentage of the blame.
For example, if you are found to be 20% at fault, but the driver is 80% at fault, your compensation would be reduced by 20%. As long as you are not found to be 51% or more at fault, you can still receive compensation, but it will be adjusted according to your percentage of responsibility.
How to Prove Negligence in a Pedestrian Accident in Massachusetts
Negligence refers to the failure of one party to exercise reasonable care, leading to an accident that harms a pedestrian. In these cases, the responsible party can be considered negligent if their actions or lack of proper safety measures directly contributed to the injury.
For example, a driver who runs a red light, speeds in a school zone, or is distracted while driving may be found negligent if they hit a pedestrian. Also, the location can shed further light on how the accident occurred.
Some of the most dangerous areas for pedestrians in Massachusetts include:
- Boston–Downtown and South End
- Worcester–Kelly Square
- Newton–Washington Street
- Framingham–Route 9 and Route 126
- Dedham–Shopping centers like Legacy Place
Local personal injury attorneys are familiar with the most dangerous areas for pedestrians. Whether the accident occurred near a busy intersection, in a construction zone, or in an area with poorly maintained sidewalks, your lawyer understands the specific challenges of pedestrian accidents in these locations.
To prove negligence in a pedestrian accident claim, you must show that the at-fault party had a duty of care, breached that duty, and caused the injury as a direct result of their actions. An experienced pedestrian accident attorney will compassionately guide you through this process.
Work With Local Pedestrian Accident Lawyers
At Jason Stone Injury Lawyers, we take care of our own because Massachusetts is our home. We have been helping injured victims rebuild their lives since 2004. Contact us today for a free legal consultation.
We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. Our fee comes as a percentage of your settlement or compensation, so there are no upfront costs. You won’t have to pay anything out of pocket. That is our Stone Cold Guarantee®.
Not Trusting What You’re Being Told?
Better Phone Stone
800-577-5188
START MY NO OBLIGATION CONSULTATION
