Pedestrian accidents are among the most devastating traffic incidents. When a car, truck, or motorcycle collides with someone on foot, the results can be catastrophic. Unlike vehicle occupants, pedestrians have no airbags, seatbelts, or metal frames to absorb impact. They face the full force of the collision with only their bodies.
Distracted driving, speeding, and failure to yield at crosswalks cause thousands of pedestrian injuries every year. If you or someone you love has been struck by a vehicle, you’re likely facing medical bills, missed work, and physical pain. You may be wondering how compensation works and what steps to take next.
This page explains your legal rights after a pedestrian accident. You’ll learn who may be responsible, what types of compensation you can pursue, and how to protect your claim from the start.
Understanding Pedestrian Accidents
A pedestrian accident occurs when a vehicle strikes someone traveling on foot. This includes people walking, jogging, using wheelchairs, or standing near roadways. These collisions happen in crosswalks, intersections, parking lots, residential streets, and highway shoulders.
The injuries from these accidents tend to be severe. Common injuries include:
- Traumatic brain injuries from striking the ground or a vehicle.
- Spinal cord damage that may cause paralysis.
- Broken bones in the legs, hips, or pelvis.
- Internal bleeding and organ damage.
- Deep cuts and bruising.
Beyond physical harm, many victims experience lasting emotional trauma. Anxiety, depression, and PTSD (post-traumatic stress disorder) frequently follow serious accidents. Some victims develop a fear of crossing streets or walking near traffic that affects their daily lives for years.
The financial impact compounds the physical and emotional toll. Hospital stays, surgeries, physical therapy, and ongoing medical care add up quickly. Many victims cannot return to work for weeks or months. Some face permanent disabilities that change their earning potential forever.
Determining Liability (Who Is Responsible?)
Liability means legal responsibility. In a pedestrian accident case, establishing liability requires proving that someone’s negligence caused your injuries. Negligence occurs when someone fails to act with reasonable care, and that failure harms another person.
Drivers are most often liable for pedestrian accidents. Common forms of driver negligence include:
- Texting or talking on the phone while driving.
- Exceeding the speed limit.
- Driving too fast for the conditions.
- Failing to stop at crosswalks or yield to pedestrians.
- Running red lights or stop signs.
- Driving under the influence of drugs or alcohol.
Sometimes, fault is shared between the driver and the pedestrian. Massachusetts follows a modified comparative negligence rule. This means you can still recover compensation even if you were partially at fault, as long as your share of fault doesn’t exceed 50%. That said, your compensation will be reduced by your percentage of responsibility.
Other parties may also share liability depending on the circumstances. If the driver was working at the time of the crash, their employer might be responsible. If a poorly designed intersection or malfunctioning traffic signal contributed to the accident, the city or town could bear some liability. Construction companies, property owners, and vehicle manufacturers may also face claims in some situations.
Strong evidence is central to proving liability. Police reports, witness statements, traffic camera footage, and accident reconstruction experts all help establish what happened and who was at fault.
Types of Compensation Available
Compensation in a pedestrian accident case falls into several categories. Each addresses different ways the accident has affected your life.
Economic damages cover your financial losses. These include medical expenses for emergency care, hospitalization, surgery, medication, and rehabilitation. You can recover costs for treatment you’ve already received and care you’ll need in the future. Lost wages compensate for the income you missed while recovering. If your injuries prevent you from returning to your previous job or earning what you did before, you may also claim reduced earning capacity. Property damage covers personal items destroyed in the accident, such as phones, glasses, or clothing.
Non- economic damages address losses that don’t come with receipts. Pain and suffering compensate for physical discomfort and the hardship of living with injuries. Emotional distress covers psychological harm like anxiety, depression, and PTSD. Loss of enjoyment of life applies when injuries prevent you from engaging in activities you once loved. Permanent disability or disfigurement warrants additional compensation when injuries leave lasting physical changes.
Wrongful death damages apply when a pedestrian accident proves fatal. Surviving family members may recover funeral and burial expenses, loss of the deceased person’s financial support, loss of companionship and guidance, and the emotional suffering caused by their loved one’s death.
How Insurance Affects Compensation
Insurance plays a key role in most pedestrian accident claims. Understanding how different policies work helps you know what to expect.
The driver’s auto insurance typically provides the primary source of compensation. Massachusetts requires drivers to carry bodily injury liability coverage of at least $20,000 per person and $40,000 per accident. However, serious pedestrian injuries often exceed these minimums, making it important to identify all available coverage.
PIP (Personal Injury Protection) coverage pays for your medical expenses and lost wages regardless of who caused the accident. Massachusetts requires drivers to carry PIP, and this coverage extends to pedestrians injured by insured vehicles. PIP provides up to $8,000 in benefits, although higher limits are available.
Uninsured and underinsured motorist coverage protects you when the at-fault driver lacks adequate insurance. If you have this coverage on your own auto policy, it may apply to your pedestrian accident claim. This coverage is vital when the driver who hit you has minimal or no insurance.
Policy limits cap the amount insurance will pay. Even when liability is clear, you cannot recover more than the available coverage unless you pursue the driver’s personal assets. An attorney can help identify all insurance policies that might apply to your case.
Steps to Protect Your Right to Compensation
The actions you take immediately after a pedestrian accident affect your ability to recover compensation. Follow these steps to protect your claim.
Seek immediate medical attention
Get checked by a doctor even if you feel fine. Adrenaline often masks pain, and some serious injuries don’t produce symptoms right away. Traumatic brain injuries, internal bleeding, and spinal damage may not become apparent for hours or days. Medical records from immediately after the accident create documentation linking your injuries to the collision.
Call law enforcement
A police report provides an official record of the accident. Officers document the scene, interview witnesses, and may cite the driver for traffic violations. This report becomes important evidence for your claim.
Gather evidence
If you’re physically able, take photos and videos of the accident location, vehicle damage, your injuries, traffic signals, crosswalk markings, and anything else relevant. Get contact information from witnesses. Write down the driver’s name, phone number, license plate, and insurance details.
Keep detailed records
Save every medical bill, receipt, and document related to your accident. Track your appointments, treatments, and medications. Document missed work days and lost income. Consider keeping a recovery journal that describes your pain levels, limitations, and emotional state throughout your healing process.
Avoid admitting fault
Be careful with your words. Don’t admit fault or apologize at the scene, even out of politeness. Avoid discussing the accident on social media. Insurance companies monitor these posts and may use your statements against you. Let your attorney handle communications with insurers.
How Compensation Is Calculated
Several factors determine how much compensation you may receive. The severity of your injuries matters most. Catastrophic injuries like traumatic brain damage or spinal cord injuries that cause permanent disability warrant higher compensation than injuries that heal completely.
Recovery time affects your claim’s value. Longer recoveries mean more medical treatment, more lost wages, and more pain and suffering. The impact on your everyday life and ability to work also factor into calculations.
Insurance policy limits create practical caps on recovery. Even a case worth millions may settle for less if the at-fault driver carries only minimum coverage.
Comparative negligence adjustments reduce compensation when you share fault. If you’re found 20% responsible for the accident, your compensation decreases by 20%.
Settlement vs. Filing a Lawsuit
Most pedestrian accident claims settle without going to trial. Settlement involves negotiating with the insurance company to reach an agreed payment amount. This process typically moves faster than litigation and avoids the uncertainty of a jury verdict.
However, filing a lawsuit becomes necessary when insurance companies refuse to offer fair compensation. Litigation may also be required when liability is disputed or when injuries are severe enough to exceed policy limits. A personal injury lawsuit allows you to pursue full compensation through the court system.
The timeline varies. Insurance negotiations may conclude within months. Lawsuits can take a year or longer to resolve. Strong documentation throughout the process improves your chances of a favorable outcome regardless of which path your case follows.
Statute of Limitations
Massachusetts law sets strict deadlines for filing personal injury claims. You generally have three years from the date of the accident to file a lawsuit. Missing this deadline typically means losing your right to compensation entirely.
Time passes quickly when you’re focused on recovery. Acting promptly ensures that evidence remains available, witnesses remember details, and you preserve all legal options.
Common Challenges in Pedestrian Injury Claims
Insurance companies don’t simply hand over fair settlements. They employ tactics designed to minimize payouts. Common challenges include disputes over who was at fault, lowball settlement offers that don’t cover your expenses, requests for recorded statements they can use against you, and delays meant to pressure you into accepting less.
Delayed injury symptoms create another obstacle. If you didn’t seek immediate medical care, insurers may argue that your injuries were not caused by the accident. Incomplete medical documentation weakens claims, even when injuries are genuine.
Why Professional Guidance Matters
Pedestrian accident cases present challenges that can overwhelm someone trying to handle a claim on their own. An experienced attorney brings knowledge, resources, and negotiating power that make a real difference in outcomes.
Investigating liability requires expertise. Determining who caused an accident isn’t always straightforward. Multiple parties may share responsibility, and evidence can be difficult to obtain. Attorneys know how to secure traffic camera footage before it’s deleted and locate witnesses, work with accident reconstruction specialists, and uncover details that strengthen your case. They understand how to prove negligence in ways that hold up under scrutiny.
Calculating long-term damages takes specialized knowledge. Some injuries affect you for life. A TBI (traumatic brain injury) may require decades of medical care, therapy, and assistance with daily tasks. Spinal cord damage can end a career permanently. Attorneys work with medical experts and economists to accurately project future costs. They ensure that settlements account for expenses you’ll face years from now, not just bills you’ve already received.
Negotiating with insurance companies demands experience. Adjusters handle claims every day. They know how to minimize payouts and protect their company’s bottom line. They recognize lowball offers, counter aggressive tactics, and push for settlements that actually cover your losses. Insurance companies take claims more seriously when an experienced lawyer is involved.
Preparing for trial protects your interests. Most cases settle, but some require litigation. When insurance companies refuse to negotiate fairly, you need an attorney ready to present your case in court. Trial preparation involves gathering evidence, deposing witnesses, working with expert witnesses, and building persuasive arguments. Having a lawyer prepared to go to trial often motivates insurers to offer better settlements.
The legal process can feel overwhelming when you’re recovering from serious injuries. An attorney handles the paperwork, deadlines, and communications so you can focus on healing. They answer your questions, explain your options, and guide you through each step. This support provides peace of mind during a remarkably difficult time.
Contact Boston Injury Law Group Today
Pedestrian accident cases involve complex legal and medical issues. Determining liability, calculating long-term damages, negotiating with insurance companies, and preparing for potential litigation all require skill and experience.
At Boston Injury Law Group, our attorneys understand what’s at stake. We investigate thoroughly, build strong cases, and fight for the full compensation our clients deserve. Our team handles the legal burden so you can focus on healing.
If you’ve been injured in a pedestrian accident, contact Boston Injury Law Group for a free consultation. We’ll review your case, explain your options, and help you take the first step toward recovery.
