Since 1938, Trantolo & Trantolo, LLC has remained committed to protecting the rights of injured victims. We stand up to insurance companies and demand maximum compensation. Our team will handle the claims process to help you hold all liable parties accountable for your pedestrian accident.
If someone’s negligence caused you harm while you were walking, our pedestrian accident lawyers in Massachusetts can demand the at-fault party compensate you for medical bills, suffering, lost income, disability, pain, and much more. Call our team today for a free consultation to find out how our Massachusetts personal injury team can help you.
Can You Sue for a Pedestrian Accident in Massachusetts?
Massachusetts law allows you to sue and seek compensation if you have been injured as a pedestrian by a negligent driver or other party. As a pedestrian accident victim, you have important legal rights to pursue damages with the help of an attorney. Much like other personal injury claims, recovering in pedestrian accident cases in Massachusetts requires proving:
- The negligent driver, entity, or other party owed pedestrians a duty of care
- They breached this duty by operating an automobile or conducting themselves in an irresponsible or dangerous manner toward pedestrians
- This breach directly caused your injuries
- You have losses associated with the collision
In cases of wrongful death, certain surviving family members can sue on behalf of their deceased family member. If you have a valid claim, a Massachusetts lawyer from our firm can represent your claim for wrongful death damages.
What Damages Can You Claim in a Pedestrian Accident in Massachusetts?
In a pedestrian accident claim in Massachusetts, you have the right to pursue legal action to demand compensation for an array of damages. Common categories of pedestrian accident damages that our attorneys can aggressively pursue include:
- Past & future medical costs: All treatment expenses related to your collision injuries – surgeries, hospitalization, medications, devices, therapies, at-home care, etc.
- Lost income: Any past wages lost recovering initially post-crash plus any long-term diminished earning capacity
- Property losses: Repair/replacement costs for damaged property – clothes, shoes, glasses, canes, hearing aids, wheelchairs, and other items.
- Pain and suffering: The physical, mental, and emotional anguish stemming from injuries sustained
In the event a pedestrian loses their life in a crash, there are further damages, such as funeral costs, that surviving qualifying family members can pursue in a wrongful death lawsuit.
What Does It Cost to Hire a Lawyer?
At Trantolo & Trantolo, LLC, we believe that everyone should be able to hold negligent parties responsible. Our firm takes cases on a contingency fee basis, which means you do not owe us any upfront fees, and you only pay us if we win on your behalf.
Pedestrian Accidents Can Cause Catastrophic Harm
Any collision can be dangerous, but pedestrians are more vulnerable to serious injuries and fatalities. IMPACT data from the Massachusetts Department of Transportation shows that there were over 2,000 pedestrian-involved accidents in the Commonwealth in 2024. In this time period, there were 78 pedestrian fatalities and over 300 serious injuries.
Victims of pedestrian accidents can suffer many injuries, including:
- Spinal cord injuries
- Traumatic brain injuries
- Internal bleeding and organ damage
- Amputations
- Serious fractures
According to the Centers for Disease Control and Prevention (CDC), high vehicle speeds and larger vehicle sizes are often major factors in the severity of injuries.
Common Causes of Pedestrian Crashes
Common causes of pedestrian crashes caused by negligence include:
- Speeding
- Failing to yield the right-of-way
- Distractions such as texting
- Driving under the influence of drugs or alcohol
All road users have a duty of care to prevent harm and accidents, and our team is ready to hold negligent parties liable for the harm you’ve suffered.
How a Pedestrian Accident Lawyer in Massachusetts Can Help You
Pedestrian accidents are emotionally, physically, and financially devastating, and pursuing fair compensation in the aftermath typically requires an extensive amount of work. A pedestrian accident lawyer from Trantolo & Trantolo, LLC can provide support by:
- Conducting a thorough investigation: Collecting police reports, video evidence, witness statements, and more to determine fault and liability.
- Managing logistics: Coordinating with insurance providers, healthcare facilities, employers, and others to gather documentation and handle procedural matters.
- Valuing damages: Calculating current and future medical costs, property losses, lost earnings, pain/suffering, and additional damages to establish a fair settlement plan.
- Negotiating optimal settlements: Leveraging case evidence and legal skills to demand insurance providers deliver full, just compensation through an outside-court settlement whenever possible.
- Taking litigation action: In instances where equitable settlements cannot be reached, we handle filing personal injury lawsuits and going to trial.
We combine compassionate support and assertive representation to help injury victims recover compensation. We handle the legal aspects of your case so you can focus on healing. You can read our client testimonials to learn more about what you can expect when you hire us.
How is Fault Determined in a Pedestrian Accident in Massachusetts?
To get full damages after a collision, you must prove the other party was negligent. Our Massachusetts lawyers use investigations and evidence to show fault. Police reports can give us an initial liability ruling, and we may also rely on witness statements from bystanders.
If needed, we can rely on experts who will study physical proof, like skid marks, to help recreate the exact accident sequence. They may also examine road conditions, lighting, walk signals, and other elements that can help prove fault.
Medical records, photos of vehicle damage, driver phone logs, blood tests, and security footage can also be used to prove fault. This assigns precise blame percentages to drivers, companies, or other liable parties. It also allows injury victims the ability to claim rightful compensation.
Who Is Liable for My Accident?
The at-fault party could be a driver, a motorcyclist, a bicyclist, or any other party whose carelessness caused the collision. Depending on the circumstances of your case, other parties, like employers, businesses, and government entities could be liable for any harm you suffered. These cases can be quite complex and even involve multiple parties, but our team is ready to take on your case, no matter how challenging it may seem.
Talk to a Pedestrian Accident Lawyer in Massachusetts
Negligent drivers can leave pedestrian victims of accidents with lifelong suffering and medical costs. The Massachusetts personal injury attorneys at Trantolo & Trantolo, LLC will hold all responsible parties accountable for your injuries.
FAQs for Our Massachusetts Team
What Is the Average Settlement for a Pedestrian Accident in Massachusetts?
It is difficult to pinpoint an exact average or typical settlement amount for Massachusetts pedestrian accident claims. The unique circumstances of each collision and the extent of the injuries and losses determine the damages awarded.
Significant factors that can impact the value of your pedestrian accident case include:
- The severity of pedestrian injuries: Cases of traumatic brain damage, paralysis, or fatalities typically warrant higher values
- Scope of economic losses: Ongoing medical treatment needs, lost income projections due to disability, and other costs play a crucial role in compensation.
- Shared fault percentages: Massachusetts utilizes modified comparative negligence laws, so your compensation can be reduced by shared fault.
- Responsible party’s policy maximums: Your compensation could be affected by the at-fault party’s insurance policy limits.
How Does Massachusetts “No-Fault” Rule Affect a Pedestrian Accident Claim?
Massachusetts uses “no-fault” car insurance rules. This means drivers deal with their insurer after collisions, no matter who caused the crash. Massachusetts requires personal injury protection (PIP) coverage on policies. PIP pays medical bills and some lost wages, up to your policy’s limits.
In Massachusetts, pedestrians also get access to PIP funds. If you are hit by a car, you can file a PIP claim with your insurance. However, PIP has cost caps. It may not fully cover your treatment, missed work, and other accident-related expenses. It also won’t offer any compensation for your pain and suffering.
Our pedestrian accident lawyers help our clients get results by filing injury claims or lawsuits against negligent parties. We determine all the options you can pursue based on the details of your unique case.
Can I File a Claim if I Was Partly Responsible for a Pedestrian Accident in Massachusetts?
Pedestrian injury cases can be tricky as insurance companies often try to blame the pedestrian for getting hurt. According to Massachusetts General Laws Ch. 231§85, pedestrians can still seek payouts if over 50 percent of the blame belongs to negligent drivers or other parties.
For example, if a driver was speeding and you crossed slightly outside the lines, you may still have a right to damages. The careless driver would carry most of the fault, but your possible payout will be reduced by whatever your percentage of responsibility.
These laws can be confusing, but our team of experienced injury lawyers will make sure you understand every step of the process of your pedestrian accident claim.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Massachusetts?
Massachusetts strictly limits the window of time for injury victims to pursue legal action after any pedestrian accident. If you miss the deadline for filing, you will be barred from getting compensation for your damages.
According to Mass. Gen. Laws ch. 260, § 2A, for pedestrian accidents involving adult victims, you have only three years from the actual collision date to file a personal injury lawsuit. In cases of fatal accidents, in Massachusetts, you also have three years to file a wrongful death claim.
The time limit differs for minors and in certain other limited circumstances. Your Massachusetts pedestrian accident attorney will know whether these exceptions apply to your claim.
How Long Does a Pedestrian Case Take?
Each pedestrian accident claim is unique, and many factors can influence the timeline of the case. For instance, cases that are resolved in settlement negotiations often take months, whereas a trial can be a year or more. Even disputed liability can extend this process.
Your recovery timeline can also influence how your case progresses. We want to ensure that any future medical needs are fully considered, so we may delay certain steps until your doctors have a clearer picture of your long-term prognosis.
No matter what, our team is ready to see your case through from start to finish.
What Should I Do Following a Pedestrian Accident in Massachusetts?
The chaos of the accident and its aftermath can be overwhelming to injured pedestrians. One of the most important steps you can take is seeking medical care. Whether you need emergency care at the scene or follow up with your physician afterward, medical attention is crucial.
Some injuries may not present symptoms right away or will quickly get worse without proper treatment and rest. Additionally, reporting injuries helps you create a record of your injuries. This paper trail makes it harder for insurers to deny your claim and helps support your short- and long-term care needs.
When possible, try to take these actions at the scene of the crash:
- Get out of the roadway or traffic and move to a safe location. Do not take unnecessary risks while trying to collect evidence.
- Collect the names and contact information of witnesses.
- Get the name, phone number, and insurance information of the at-fault driver(s).
- Call the police to file an accident report. Try to obtain the accident report number if you can.
- Gather evidence if it is safe to do so. Pictures of the accident scene and the circumstances that caused the crash are incredibly helpful.
In the days and weeks following the crash, make sure you:
- Avoid posting about the crash on social media. Insurers may try to use your posts to show that you are not actually hurt.
- Be careful when giving statements to insurance companies. The other driver’s insurer may try to steer the conversation in a way that downplays your injuries or shifts blame to you.
- Continue with medical treatment according to your doctor’s orders.
Call Trantolo & Trantolo, LLC for help with your pedestrian accident claim.