Since 1938, Trantolo & Trantolo, LLC has remained committed to protecting the rights of the injured. We stand up to insurance companies and demand maximum compensation. We will handle the claims process to help you hold all liable parties accountable for your pedestrian accident.
If any type of negligence led to injuries you sustained 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. The at-fault party could be a driver, a motorcyclist, a bicyclist, or any other party whose carelessness changed your future.
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 the pedestrian injuries/damages
Common pedestrian crash causes that constitute negligence include speeding, failing to yield the right-of-way, distractions such as texting, driving under the influence of drugs or alcohol, and many other careless actions.
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 personal injury lawyer can represent you with no upfront costs. We work on a contingency basis, so you don’t pay unless we win your case.
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 Massachusetts “No-Fault” Rule Can Affect Your 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 options you can pursue based on the details of your unique case.
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, etc.
- 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.
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. Your Massachusetts pedestrian accident 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.
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. They may argue pedestrians should have watched for oncoming vehicles even if someone crossed legally in a crosswalk when hit, insurers still question whether it was the driver’s fault.
According to Massachusetts General Laws Ch. 231§85, pedestrians can still seek payouts if over 50% 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.
However, your possible payout will be reduced by whatever percentage you were deemed responsible. Let’s say you were found to be 20% at fault. Then, you could only get up to 80% of the award.
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 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.
Talk to a Pedestrian Accident Lawyer on Long Island
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. We will fight to get compensation for your bills, lost wages, and recovery costs.
Contact us now for a free consultation and Let Our Family Help Your Family.