Pedestrian accidents are a serious concern on Massachusetts roadways. When vehicles collide with pedestrians, the consequences are often severe due to the vulnerability of those on foot. Understanding how state laws protect pedestrians and assign fault can help injured individuals seek justice and recover damages.
Right-of-way laws for pedestrians
Massachusetts laws prioritize pedestrian safety in many situations. At crosswalks, drivers must yield to pedestrians who are in or about to enter the crossing. This rule applies regardless of whether the crosswalk is marked or unmarked. Additionally, when a pedestrian crosses at a traffic signal, drivers must wait until the person has completely cleared the vehicle’s path.
Pedestrians also have responsibilities under state law. They must obey traffic signals and use designated crosswalks whenever available. Jaywalking or crossing outside of marked areas can complicate liability in an accident case.
Fault in pedestrian accidents
Determining fault in pedestrian accidents depends on the circumstances of the collision. Massachusetts follows a modified comparative negligence system. This means an injured pedestrian can recover damages as long as they are less than 51% responsible for the accident. If the pedestrian’s actions contributed to the incident, their compensation may be reduced by their percentage of fault.
For example, if a pedestrian suddenly steps into traffic without looking, they may share liability. However, if the driver was speeding or distracted, they would likely bear the majority of the fault.
Legal options for injured pedestrians
Pedestrians injured in accidents can pursue compensation through the at-fault driver’s insurance. Massachusetts law requires drivers to carry personal injury protection (PIP) coverage, which can help cover medical expenses regardless of fault. For more serious injuries, pedestrians may file a personal injury claim to recover additional damages, such as lost wages or pain and suffering.
Those harmed in pedestrian accidents should act quickly to protect their rights. This proactive approach can make a significant difference in the recovery process.
