You’re simply crossing the street, walking to your car, or heading to a bus stop. In a split second, a distracted driver strikes you. You’re thrown into the air, slam onto pavement, and your life changes forever. Broken bones. Head trauma. Internal injuries. Weeks or months in the hospital. The inability to work. Medical bills piling up. And a driver’s insurance company that immediately starts looking for ways to deny your claim.
Massachusetts pedestrians face extraordinary danger on our roads. They account for one in every five traffic fatalities in Massachusetts (WalkMassachusetts). Even more alarming: 96% of pedestrian crashes occur in urban areas, and 70% happen in darkness when visibility is limited (MassDOT).
Insurance companies aggressively defend pedestrian accident claims. They argue pedestrians were jaywalking, not paying attention, wearing dark clothing, or share fault for their own injuries. They minimize permanent disabilities. They pressure victims to settle quickly for far less than cases are worth.
At Foglia & Associates, we’ve represented pedestrian accident victims throughout Massachusetts for over 25 years. Attorney Michael Foglia and Attorney Radu Brestyan (former Middlesex County prosecutor) understand how to prove driver negligence, overcome insurance company tactics, and recover maximum compensation for devastating injuries.
Your pedestrian accident case can’t wait, evidence disappears every day. Let us fight for you.
WHAT ARE THE MOST COMMON CAUSES OF PEDESTRIAN ACCIDENTS IN MASSACHUSETTS?
Understanding how pedestrian accidents happen helps prove driver negligence and overcome insurance company defenses.
Distracted Driving – The Leading Preventable Cause
Drivers not paying attention cause thousands of pedestrian accidents:
Cellphone Use
- Texting while driving
- Talking on phone
- Using navigation apps
- Social media scrolling
- Video watching
Other Distractions
- Eating and drinking
- Adjusting radio/climate controls
- Talking to passengers
- Grooming
- Reaching for objects
Massachusetts law prohibits handheld phone use while driving, but enforcement is inconsistent and violations are rampant.
Failure to Yield to Pedestrians in Crosswalks
Massachusetts law requires drivers to yield to pedestrians in crosswalks (M.G.L. c. 89, § 11):
- Drivers must stop for pedestrians in marked crosswalks
- Drivers must stop for pedestrians in unmarked crosswalks at intersections
- 41% of Massachusetts pedestrian crashes happen at traffic light intersections, even though they represent fewer than 10% of all intersections (MassDOT)
Speeding and Reckless Driving
Speed kills pedestrians:
- Higher speeds dramatically increase injury severity
- Less reaction time to avoid pedestrians
- Longer stopping distances
- Pedestrian struck at 20 mph has 10% fatality risk; at 40 mph has 90% fatality risk
- Residential streets designed for 30+ mph traffic
Drunk Driving
Alcohol involvement is staggering:
- 46% of all fatal pedestrian crashes involves alcohol (NHTSA)
- Pedestrian was impaired in 24% of cases
- Driver was impaired in 10% of cases
- Both pedestrian and driver impaired in 6% of cases
Massachusetts OUI crashes create liability:
- Criminal charges against driver
- Dram Shop liability for bars overserving
- Punitive damages may be available
Poor Visibility and Darkness
77% of pedestrian fatalities occur after dark nationwide (GHSA), and 70% of Massachusetts pedestrian crashes occur in darkness (WalkMassachusetts):
Hit-and-Run Crashes
24% of pedestrian deaths are hit-and-run crashes (NHTSA), where the driver leaves the scene:
Massachusetts law: Leaving the scene of a pedestrian accident causing death is a felony with imprisonment and fines up to $5,000 (M.G.L. c. 90, § 24).
Backing-Up Accidents in Parking Lots
“Backover” accidents kill pedestrians in parking lots:
- Driver doesn’t check behind vehicle
- Large vehicle blind spots (SUVs, trucks)
- Pedestrians walking behind backing vehicles
- Children and elderly at highest risk
- Parking lot chaos and inattention
Poor Roadway Design and Maintenance
Infrastructure failures create pedestrian dangers:
Proving driver negligence despite pedestrian actions requires experienced attorneys who understand Massachusetts traffic law and insurance company tactics.
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
WHAT SHOULD I DO IMMEDIATELY AFTER A PEDESTRIAN ACCIDENT?
Actions taken in the first minutes and hours determine both medical outcome and legal recovery.
Step 1: Seek Emergency Medical Treatment
Call 911 or have someone call for you:
- Even if you think injuries are minor
- Adrenaline masks pain initially
- Internal injuries may not be immediately apparent
- Delayed treatment gives insurance companies ammunition to deny claims
Step 2: Report Accident to Police
Police report is critical evidence. Don’t give detailed statement to police if you’re injured and confused, you have right to supplement report later.
Step 3: Gather Evidence at Scene (If Able)
Document everything:
Photographs:
- Vehicle that struck you (damage, license plate)
- Your visible injuries
- Accident location (crosswalk, intersection, lighting conditions)
- Traffic signals and signs
- Weather and road conditions
- Skid marks or debris
Video:
- Pan entire scene
- Record your immediate post-accident condition
- Capture your statement about what happened while memory is fresh
Step 4: Get Witness Information
Witnesses prove what happened. Don’t rely on driver or police to collect witnesses, they often “disappear” when you need them.
Step 5: Obtain Driver Information
If driver flees: Note vehicle description, license plate, direction of travel. This is hit-and-run, criminal charges apply.
Step 6: Do NOT Admit Fault
Never say:
- “I’m sorry”
- “I should have looked”
- “It was my fault”
- “I wasn’t paying attention”
These statements will be used against you even if driver was primarily at fault.
Step 7: Follow All Medical Advice
Critical for your health and legal case. Treatment gaps harm your case, insurers argue you weren’t really hurt.
Step 8: Do NOT Give Recorded Statements
Insurance adjusters will call quickly:
What they want: Get you to minimize injuries, accept fault, or make contradictory statements while you’re still traumatized and confused.
What to say: “I need to speak with an attorney before giving any statement.”
Since 1993
Bilingual Customer Service (PT / ES / EN / HE / RO)
Personal Injury and Criminal Defense Lawyers
FREQUENTLY ASKED QUESTIONS ABOUT MASSACHUSETTS PEDESTRIAN ACCIDENT CASES
1. How much does it cost to hire a pedestrian accident lawyer in Massachusetts?
Nothing upfront. We work on contingency fees, no fees unless we win. We advance all case costs. Typically 33⅓% if settled before trial, 40% if trial necessary. If we don’t recover compensation, you owe nothing.
2. How long do I have to file a pedestrian accident lawsuit in Massachusetts?
Generally 3 years from date of injury (M.G.L. c. 260, § 2A). Claims against municipalities require 30-day written notice. Don’t wait, consult attorney immediately to ensure all deadlines are met.
3. Can I recover compensation if I was jaywalking?
Yes, potentially. Massachusetts law requires drivers to exercise due care to avoid striking pedestrians regardless of pedestrian actions. Even if you were jaywalking, you can recover if you’re not more than 50% at fault (modified comparative negligence).
4. What if the driver fled the scene (hit-and-run)?
You can still recover through your own uninsured motorist (UM) coverage. We also work with police to identify fleeing drivers. Hit-and-run is a felony in Massachusetts, we coordinate with criminal investigation.
5. How do you prove the driver was at fault?
Through police reports, witness statements, surveillance video, accident reconstruction, vehicle damage analysis, traffic signal data, and expert testimony. We investigate thoroughly to establish driver negligence.
6. What if I was hit by a city bus or government vehicle?
You can sue government entities, but 30-day notice requirement applies (M.G.L. c. 84). We handle municipal liability claims and know how to overcome sovereign immunity defenses.
7. Can I sue if the driver says I “darted out” in front of them?
Yes. “Darting out” claims are insurance company defenses we commonly overcome through witness testimony, accident reconstruction showing driver’s excessive speed, and proof driver was distracted.
8. What if I share some fault for the accident?
Massachusetts modified comparative negligence allows recovery if you’re not more than 50% at fault. Your damages are reduced by your fault percentage. If 20% at fault, you recover 80% of damages. We fight to minimize your fault percentage.
9. How long does a pedestrian accident case take?
6-12 months for simpler cases with clear liability and moderate injuries. 18-36 months for complex cases requiring extensive medical treatment, municipal claims, or trial. We don’t rush, settling before understanding full injury extent means accepting less than you deserve.
10. Will I have to go to trial?
Most pedestrian cases settle. However, because insurers initially lowball serious injury claims, trial preparation is often necessary to force fair settlement. We’re fully prepared to try your case, insurance companies know this, which leads to better settlements.
11. What if I don’t have health insurance to pay for treatment?
Many doctors treat pedestrian accident victims on liens (paid from settlement). PIP insurance provides $8,000 minimum medical coverage. We help coordinate treatment and payment so you get necessary care without upfront payment.
12. Can I sue if the driver had no insurance?
Yes, through your own uninsured motorist (UM) coverage. Massachusetts requires minimum UM coverage. We fight your own insurance company to recover full compensation.
13. What if the accident happened in a parking lot?
Parking lot pedestrian accidents are still compensable. While some may not involve police reports, we gather witness statements, security video, and other evidence proving liability.
14. How do you calculate pain and suffering damages?
Based on injury severity, treatment duration, permanency, impact on daily life, and how injuries affect your future. More serious injuries with lasting impact result in higher pain and suffering awards.
15. What if the insurance company says their offer is “final”?
Initial offers are rarely final. Insurance adjusters bluff to pressure acceptance. Experienced attorneys know how to negotiate higher settlements or take cases to trial when necessary.
