Who Is Liable in a Pedestrian Accident?
Pedestrian accidents in Massachusetts send hundreds of victims to hospitals and emergency rooms each year. According to statewide crash statistics, Massachusetts averages about 70 pedestrian deaths annually from traffic accidents. Determining who is liable, or legally responsible, for a pedestrian accident in Massachusetts can provide justice, closure and accountability to the victim, along with financial compensation. It can also shed light on common driver errors that cause pedestrian accidents, to help prevent these collisions in the future.
Who Pays for a Pedestrian Accident in Massachusetts?
The first step in determining liability for a pedestrian accident is understanding how Massachusetts’ insurance law works. Massachusetts is a modified no-fault insurance state. This is an uncommon type of insurance system where all injured accident victims seek financial benefits from their own insurance companies, regardless of fault for the crash. The only exceptions are if the injured party opted to purchase tort liability insurance or if his or her injuries meet the tort threshold. Pedestrian accidents often meet this threshold, as pedestrians can suffer catastrophic injuries.
When Do Pedestrians Have the Right-of-Way in Massachusetts?
Pedestrian accident cases often involve right-of-way laws. There is a lot of confusion concerning when pedestrians have the right-of-way in Massachusetts. According to Massachusetts General Law Section 11, drivers have a responsibility to yield the right-of-way to pedestrians when they are crossing the roadway within marked crosswalks. As soon as the pedestrian approaches the side of the road on which the vehicle is traveling, the driver must come to a complete stop and yield to the pedestrian.
Pedestrians also have the right-of-way at marked and unmarked intersections. If an intersection is marked with a traffic or pedestrian control signal, however, the pedestrian must yield the right-of-way to drivers and others when the signal is displaying a red light or “Wait†sign. In no scenario can a pedestrian leave the safety of a curb or sidewalk and step out into oncoming traffic when a driver does not have time to come to a stop, even if the pedestrian has the right to cross the road.
How Is Liability Determined in a Pedestrian Accident Case?
If it is necessary to determine and prove fault for a pedestrian accident case in Massachusetts, the recovery process will start with an investigation of the accident. Investigators and law enforcement officers will try to find out if one or both parties violated a traffic law, as this can often determine liability. If a motor vehicle driver was intoxicated at the time of the collision, for example, he or she will most likely be held liable for the pedestrian’s injuries.
An investigation of the pedestrian accident may require interviewing eyewitnesses, analyzing the crash report, revisiting the scene of the collision and reconstructing the accident. The person or party most at fault for causing the crash will be held liable, meaning his or her automobile insurance will cover the costs of the damage. It is possible for both parties to share fault for the crash, depending on the situation. In this case, the victim’s financial recovery can be reduced by his or her percentage of fault.
Massachusetts is a modified comparative negligence state, meaning that as long as a victim is found to be less than 51 percent responsible for an accident, he or she can still recover partial financial compensation. If a pedestrian is partially at fault for crossing the road when he or she did not have the right-of-way, for example, this will reduce his or her financial award by a matching percentage.
Get Help for Your Pedestrian Accident Claim in Massachusetts
Determining who is responsible for paying for your pedestrian accident in Massachusetts can be difficult. Contact a pedestrian accident lawyer at Merrimack Valley Injury Lawyers for legal assistance with your liability claim. Our attorneys will investigate your pedestrian accident, determine liability, protect your legal rights and advocate for your best interests during the recovery process. Start with a free consultation by calling (978) 441-4500 today or contacting us online.