Pedestrians are among the most vulnerable road users, especially in busy urban areas or under hazardous conditions such as icy sidewalks, wet leaves, or poor visibility at intersections. In Massachusetts, pedestrians injured in automobile accidents often face severe consequences, including long-term medical issues and financial burdens.
Common Causes of Pedestrian Accidents
Pedestrian accidents in Massachusetts occur for various reasons, many of which are preventable with proper care from both drivers and pedestrians. Busy intersections, high-traffic areas, and poorly maintained walkways often increase the likelihood of accidents. Common causes include:
- Driver Negligence: Distracted driving, speeding, and failure to yield to pedestrians in crosswalks are leading causes of accidents.
- Adverse Weather Conditions: Snow, ice, and rain can reduce visibility and make stopping difficult, contributing to pedestrian collisions.
- Poorly Maintained Walkways: Wet leaves, icy sidewalks, and uneven pavement create slip-and-fall hazards that may lead pedestrians into the path of vehicles.
- Busy Intersections: Crowded intersections in urban areas, especially those lacking pedestrian signals or adequate lighting, increase the risk of accidents.
Common Injuries Suffered by Pedestrians
Pedestrians struck by automobiles often sustain life-altering injuries due to the lack of protection compared to vehicle occupants. Some of the most frequent injuries include:
- Fractures and Broken Bones: The impact of a vehicle can cause broken legs, arms, and ribs, requiring extensive recovery.
- Traumatic Brain Injuries (TBI): Even low-speed collisions can lead to severe head injuries, resulting in long-term cognitive and physical impairments.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or total paralysis.
- Soft Tissue Injuries: Torn ligaments, sprains, and bruising are common and can lead to chronic pain.
- Internal Injuries: Collisions often cause internal bleeding or organ damage, requiring emergency medical attention.
Legal Responsibility and Seeking Compensation
In Massachusetts, drivers are required to exercise reasonable care to avoid hitting pedestrians. However, liability may be shared in certain cases. Massachusetts follows a modified comparative fault system, which means that a pedestrian may still recover compensation as long as they are not more than 50% at fault for the accident.
For example, if a pedestrian crosses the road outside of a designated crosswalk and is struck by a speeding vehicle, both the driver and the pedestrian may share responsibility. The pedestrian’s compensation will be reduced by their percentage of fault.
Steps to Take After a Pedestrian Accident
If you are injured as a pedestrian, taking immediate action can help protect your rights and build a strong legal case. Steps include:
- Seek Medical Attention: Prioritize your health by obtaining prompt medical treatment, even if injuries seem minor at first.
- Document the Scene: Take photos of the accident location, weather conditions, and any visible injuries. Collect contact information from witnesses.
- File a Police Report: Ensure that law enforcement documents the incident, as this can provide critical evidence for your case.
- Consult an Attorney: A Massachusetts personal injury attorney can evaluate your case, negotiate with insurance companies, and help you seek fair compensation.
Compensation Available to Injured Pedestrians
Injured pedestrians may be entitled to various forms of compensation, including:
- Medical Expenses: Coverage for hospital stays, surgeries, physical therapy, and ongoing medical care.
- Lost Wages: Compensation for income lost due to the inability to work during recovery.
- Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
- Rehabilitation Costs: Financial support for long-term recovery needs, including adaptive equipment and home modifications.
Personal Injury Lawyers for Pedestrian Injuries
Pedestrian accidents can have devastating consequences, particularly in challenging conditions like icy roads or busy intersections. Understanding your rights and the legal remedies available in Massachusetts is crucial for securing the compensation needed to recover. If you or a loved one has been injured in a pedestrian accident, consult an experienced Massachusetts personal injury attorney to discuss your options and ensure your rights are protected.
