On This Page
- What Should I Do Immediately After Being Hit by a Car as a Pedestrian?
- What Evidence Do I Need for a Pedestrian Accident Claim?
- How Is Fault Determined When a Pedestrian Is Hit by a Car?
- What Insurance Covers Pedestrian Accident Injuries?
- What Are Common Injuries from Pedestrian Accidents?
- How Can DiBella Law Help Pedestrian Accident Victims?
Pedestrian accidents often result in catastrophic injuries due to the lack of protection against multi-ton vehicles. In Massachusetts, pedestrians struck by cars face unique challenges in recovering compensation, even though they’re among the most vulnerable road users. Understanding your rights and the proper steps to take after being hit by a car can significantly impact your physical recovery and financial compensation.
The Commonwealth of Massachusetts has specific laws protecting pedestrians, but insurance companies often try to shift blame to reduce their liability. Knowing how to protect your rights from the moment of impact through your recovery is essential. DiBella Law Injury and Accident Lawyers has extensive experience representing pedestrian accident victims and fighting for the full compensation they deserve.
What Should I Do Immediately After Being Hit by a Car as a Pedestrian?
Your health and safety must be the absolute priority after being struck by a vehicle. Don’t attempt to “walk it off” or refuse medical attention; pedestrian accidents often cause internal injuries that aren’t immediately apparent. Call 911 or have someone call for you to ensure both police and medical responders arrive at the scene.
If you have potential spine, neck, or head injuries, remain still and wait for paramedics. Moving with these injuries could cause permanent damage. However, if you’re in immediate danger from traffic and able to move, carefully get to safety on the sidewalk or roadside.
Even if you feel relatively okay at the scene, accept transportation to the hospital. Adrenaline and shock can mask serious injuries like internal bleeding, organ damage, or traumatic brain injuries. These conditions can be life-threatening if not promptly diagnosed and treated.
Document your injuries as they develop. Take photographs immediately and continue photographing bruises, cuts, and swelling as they evolve over the following days and weeks. This visual evidence powerfully demonstrates the severity of your injuries to insurance companies and juries.
What Evidence Do I Need for a Pedestrian Accident Claim?
Building a strong pedestrian accident claim requires comprehensive evidence gathering, which can be challenging when you’re seriously injured. If possible, or with help from bystanders, try to document:
- Driver Information: Get the driver’s name, contact information, license number, insurance details, and vehicle information. If the driver fled the scene, try to note the vehicle’s make, model, color, and any portion of the license plate number.
- Witness Accounts: Pedestrian accidents often occur in busy areas with multiple witnesses. Their testimony can be crucial, especially if the driver claims you suddenly stepped into traffic. Get names and phone numbers from anyone who saw the accident.
- Scene Documentation: Photograph the accident location, including crosswalk markings, traffic signals, sight lines, and any obstacles that might have affected visibility. Note weather conditions, time of day, and lighting conditions, all factors that could impact liability.
- Surveillance Footage: Many intersections, businesses, and homes have security cameras. This footage could capture the accident and prove invaluable to your case. However, surveillance footage is often deleted after days or weeks, making prompt action essential.
How Is Fault Determined When a Pedestrian Is Hit by a Car?
Massachusetts follows a modified comparative negligence system, meaning you can recover damages if you’re less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault for a $100,000 claim, you’d receive $80,000.
Insurance companies aggressively investigate pedestrian accidents, looking for any reason to shift blame onto the victim. They might argue you were:
- Jaywalking or crossing outside a designated area
- Distracted by your phone
- Wearing dark clothing at night
- Under the influence of alcohol or drugs
- Violating traffic signals
However, drivers have a higher standard of care toward pedestrians. Factors that could establish driver negligence include:
- Speeding or reckless driving
- Distracted driving (texting, eating, adjusting controls)
- Failure to yield at crosswalks
- Running red lights or stop signs
- Driving under the influence
- Failure to exercise due care even when pedestrians violate traffic laws
Our Pedestrian accident lawyers thoroughly investigate every aspect of your accident to build the strongest possible case for maximum compensation.
What Insurance Covers Pedestrian Accident Injuries?
Understanding how insurance coverage works for pedestrian accidents in Massachusetts can be complex. Several potential sources of compensation may be available:
- Driver’s Auto Insurance: The at-fault driver’s Personal Injury Protection (PIP) coverage should be your first source of compensation, providing up to $8,000 for medical expenses and lost wages regardless of fault. Their liability coverage pays for damages exceeding PIP limits if they’re at fault.
- Your Own Auto Insurance: If you own a vehicle, your own PIP coverage may apply to your pedestrian accident injuries. This can provide an additional source of compensation or cover you if the driver is uninsured.
- Uninsured/Underinsured Motorist Coverage: If the driver lacks adequate insurance or fled the scene, your own uninsured motorist coverage may provide compensation. This coverage is crucial protection for pedestrians, as minimum liability limits may not cover serious injuries.
- Health Insurance: Your health insurance becomes primary for medical expenses after PIP coverage is exhausted. However, your health insurer may seek reimbursement from any settlement through a process called subrogation.
What Are Common Injuries from Pedestrian Accidents?
Pedestrian accidents often cause severe, life-altering injuries due to the tremendous force of impact and lack of protection. Common injuries include:
- Traumatic Brain Injuries: Even without direct head impact, the force of being thrown can cause concussions or more severe brain injuries. These may result in cognitive impairment, personality changes, or permanent disability.
- Spinal Cord Injuries: Damage to the spine can cause partial or complete paralysis, requiring lifetime care and accommodation. The costs of spinal cord injuries often reach millions of dollars over a victim’s lifetime.
- Orthopedic Injuries: Broken bones, torn ligaments, and joint damage are common. These injuries may require multiple surgeries and extensive rehabilitation, potentially causing permanent mobility limitations.
- Internal Injuries: Organ damage and internal bleeding may not be immediately apparent but can be life-threatening. These injuries often require emergency surgery and extended hospitalization.
- Psychological Trauma: Post-traumatic stress disorder, anxiety, and depression frequently follow pedestrian accidents. Many victims develop a fear of crossing streets or being near traffic, significantly impacting their quality of life.
The long-term impact of these injuries extends beyond medical treatment. Victims may face permanent disability, inability to work, need for home modifications, and loss of independence. Our legal team ensures all current and future damages are considered when pursuing compensation.
How Can DiBella Law Help Pedestrian Accident Victims?
DiBella Law Injury and Accident Lawyers fights aggressively for pedestrian accident victims throughout Massachusetts. We understand the unique challenges pedestrians face and the tactics insurance companies use to minimize their liability.
Our comprehensive approach includes:
- Immediate investigation to preserve crucial evidence
- Coordination with accident reconstruction experts
- Thorough documentation of all injuries and damages
- Aggressive negotiation with insurance companies
- Litigation, when necessary to secure fair compensation
We handle all aspects of your case, allowing you to focus on recovery. Our team can meet you at your home or medical facility if your injuries prevent you from coming to our office. We work on a contingency fee basis; you pay nothing unless we win your case.
If you’ve been hit by a car as a pedestrian in Massachusetts, don’t face the insurance companies alone. Contact DiBella Law Injury and Accident Lawyers at (855) 342-3552 for a free consultation. We’ll protect your rights and fight for the maximum compensation you deserve.