In Boston, thousands of people cross Massachusetts Avenue, walk along Commonwealth, or hurry through downtown crossing every day. They all expect drivers to pay attention, yield properly, and follow the rules that keep everyone safe.

But drivers make mistakes. They check phones at red lights and accelerate just as you step off the curb. They roll through crosswalks while turning right on red. They speed through residential neighborhoods where children play, risking injuries to children, and elderly residents walk to local shops.

If you have been injured, working with our experienced Boston pedestrian accident lawyers is crucial.

The Law Office of Burns Jain offers free consultations and works on a contingency-fee basis, meaning you pay no attorney fees unless we win your case. Our skilled pedestrian accident attorneys in Boston represent injured victims and help them recover compensation for medical expenses, lost income, and pain and suffering.

Contact us today for a free consultation with our experienced legal team. We are available 24 hours a day, 7 days a week and offer expert legal assistance for injured pedestrians in Boston.

What Should You Do Immediately After a Pedestrian Accident in Boston?

Call 911 first, even if your injuries seem minor. Some severe conditions, like internal bleeding or brain trauma, don’t show symptoms immediately. Getting medical attention creates an official record of your injuries and ensures you receive proper care.

Document everything you can at the scene. Take photos of the vehicle, license plate, your injuries, torn clothing, and the accident location. Get the driver’s contact information and insurance details, as well as the names and phone numbers of any witnesses.

Critical steps to protect your claim:

Request medical evaluation:

Hidden injuries often emerge hours or days later.

Photograph evidence:

Capture vehicle damage, skid marks, traffic signals, and crosswalk markings.

Collect witness information:

Independent accounts strengthen your case significantly.

Avoid recorded statements:

Insurance adjusters will call quickly, seeking to minimize their liability.

Ask nearby businesses to preserve security camera footage. Many Boston establishments have surveillance systems, but recordings are typically deleted within weeks. Store managers can often save footage if you ask promptly.

Never give a recorded statement to any insurance company before speaking with an attorney. Adjusters are trained to ask questions that can hurt your claim later.

Who Is at Fault Under Massachusetts Pedestrian Laws?

Massachusetts law requires drivers to yield right-of-way to pedestrians in marked crosswalks and at intersections.

Under Massachusetts General Laws Chapter 89, Section 11, drivers must exercise due care to avoid striking any pedestrian, regardless of location.

Drivers violate their duty when they fail to stop for pedestrians in crosswalks, drive while distracted by phones or GPS devices, speed through residential areas, or operate vehicles while impaired. Even if you weren’t in a crosswalk, drivers still owe you a duty of reasonable care.

Pedestrians also have responsibilities under Massachusetts law. You must use crosswalks when available and cannot suddenly enter a roadway where drivers cannot reasonably avoid a collision.

How Does Shared Fault Affect Your Massachusetts Pedestrian Accident Claim?

Massachusetts follows comparative negligence rules, allowing you to recover damages even if you contributed to the accident. You can collect compensation as long as your fault doesn’t exceed 50 percent of the total blame.

Your compensation gets reduced by your percentage of fault. If you’re found 20 percent responsible for crossing outside a crosswalk and your damages total $100,000, you can still recover $80,000 from the at-fault driver.

Insurance companies routinely try to shift blame onto pedestrians to reduce their payouts. They might claim you were jaywalking, wearing dark clothing, or not paying attention. An experienced Massachusetts pedestrian accident lawyer knows how to counter these tactics and protect your rights.

The key is proving the driver’s negligence was the primary cause of your injuries. Even if you made a mistake, drivers have a superior ability to avoid accidents and bear greater responsibility for pedestrian safety.

What Evidence Strengthens Your Boston Pedestrian Accident Case?

Strong evidence makes the difference between fair compensation and inadequate settlement offers. Our skilled Boston pedestrian accident lawyers immediately begin preserving crucial evidence demonstrating driver negligence and the full extent of your damages.

Police reports provide official documentation of the accident scene, weather conditions, and any traffic violations. Officers sometimes issue citations to establish fault, though they aren’t conclusive evidence of negligence.

Essential evidence for pedestrian accident claims:

Surveillance footage:

Traffic cameras, business security systems, and MBTA recordings.

Witness statements:

Independent accounts from people who witnessed the collision.

Medical records:

Documentation of all injuries, treatment, and ongoing care needs.

Accident reconstruction:

Expert analysis of vehicle damage, impact points, and collision dynamics.

Photos from the scene capture details that disappear quickly. Skid marks are washed away, vehicles are repaired, and traffic signals are adjusted. The sooner we document everything, the stronger your case becomes.

Expert witnesses can recreate the accident using physical evidence, vehicle damage patterns, and injury mechanics. These professionals help juries understand precisely how the collision occurred and why the driver was at fault.

What Types of Injuries Do Boston Pedestrian Accidents Cause?

Pedestrian accidents often result in catastrophic injuries because your body absorbs the full force of impact. The human body simply cannot withstand a collision with motor vehicles traveling at any significant speed.

Head and brain injuries are common when pedestrians strike windshields or pavement. Traumatic brain injury can cause permanent cognitive problems, memory loss, and personality changes that affect your ability to work and enjoy life.

Bone fractures frequently occur in legs, arms, ribs, and the pelvis, while neck injuries often result from the impact force.

Soft-tissue injuries, such as torn muscles, ligaments, and tendons, can cause chronic pain and limited mobility. These injuries often don’t show up on initial X-rays but become apparent as swelling subsides.

Psychological trauma is real and compensable. Many pedestrian accident victims develop anxiety about crossing streets, driving, or being around traffic. Post-traumatic stress disorder can significantly impact your quality of life.

Who Pays Your Medical Bills Under Massachusetts Personal Injury Protection?

Massachusetts requires all auto insurance policies to include Personal Injury Protection (PIP), which provides up to $8,000 in medical benefits regardless of fault. PIP pays your first $2,000 in medical expenses, then coordinates with your health insurance.

After PIP covers the initial $2,000, your health insurance becomes primary for additional medical costs.

PIP then helps cover your deductibles, copayments, and other out-of-pocket medical expenses, subject to your policy limits.

If you don’t own a car, you can typically access PIP benefits through a household member’s auto policy or the insurance of the vehicle that struck you. These benefits help cover immediate medical needs while you pursue a complete compensation claim.

PIP also provides limited wage-replacement benefits to cover a portion of lost income, subject to policy limits. This helps bridge the gap while you recover and pursue your personal injury claim.

Understanding how PIP coordinates with other insurance can be confusing. Our experienced Boston personal injury attorneys help clients navigate these benefits to ensure medical providers get paid while preserving your right to full compensation.

What If the Driver Fled the Scene or Had No Insurance?

Hit-and-run accidents leave victims feeling helpless, but you still have options for compensation. Massachusetts requires uninsured motorist coverage on all auto policies, which can provide substantial benefits when the at-fault driver cannot be found.

File a police report immediately, even if you think the driver is long gone. Sometimes, witnesses get license plate numbers, or security cameras capture identifying information. Police investigations occasionally locate hit-and-run drivers days or weeks later.

Options when the driver is uninsured or unidentified:

• Uninsured motorist coverage: Protection through your own auto policy or a household member’s policy.
• Underinsured motorist benefits: Additional coverage when the at-fault driver lacks adequate insurance.
• Massachusetts Uninsured Claims Fund: A state program that provides limited benefits in certain circumstances.

Your uninsured motorist coverage treats the phantom vehicle as an uninsured driver, allowing you to pursue compensation for injuries and damages. These claims require prompt action to preserve evidence and comply with policy requirements.

Even if you don’t own a car, you might access uninsured motorist benefits through a spouse’s, parent’s, or other household member’s auto policy. We investigate all potential coverage sources to maximize your recovery.

Can You Sue the City, State, or MBTA After a Pedestrian Accident?

Government entities can be liable when dangerous conditions contribute to pedestrian accidents. Poor crosswalk design, malfunctioning traffic signals, inadequate lighting, or defective sidewalks can make these agencies responsible for your injuries.

Claims against government bodies in Massachusetts require strict compliance with the Massachusetts Tort Claims Act’s notice requirements. You must provide formal written notice within two years of your injury, or your claim is forever barred.

 

Government Entity	Notice Deadline	Filing Requirement
City of Boston	2 years	Written notice to city clerk
Massachusetts State	2 years	Notice to attorney general
MBTA	2 years	Notice to general manager
Private parties	3 years	No special notice required

The notice must describe your injuries, how the accident occurred, and the dangerous condition that caused the crash. These documents require careful preparation because mistakes can invalidate your entire claim.

Government liability cases are complex and require extensive investigation into design standards, maintenance records, and prior accident history. Our Boston pedestrian accident attorneys work with traffic engineers and safety experts to prove negligent design or maintenance caused your accident.

What Compensation Can You Recover in a Boston Pedestrian Accident Case?

Successful pedestrian accident claims compensate victims for all losses resulting from the collision. Massachusetts law allows recovery of both economic damages, such as medical bills, and non-economic damages, such as pain and suffering.

Medical expenses include emergency treatment, hospitalization, surgery, rehabilitation, and future care needs. Serious pedestrian injuries often require ongoing therapy for months or years, making future medical costs a significant component of your claim.

Lost wages and diminished earning capacity reflect your inability to work during recovery and any permanent limitations affecting your career. We work with vocational experts to calculate lifetime earning losses for severely injured clients.

Pain and suffering damages compensate you for the physical discomfort and emotional trauma of your injuries. These awards vary significantly based on injury severity, treatment duration, and impact on your daily life.

Wrongful death claims allow surviving family members to recover for their loss when pedestrian accidents prove fatal. These cases require immediate attention to preserve evidence and protect the family’s rights.

How Does Our Pedestrian Accident Case Process Work?

We handle every aspect of your pedestrian accident claim while you focus on recovery. Our process begins with a free consultation, during which we evaluate your case and explain your legal options with no obligation.

The investigation begins immediately after you hire us. We obtain police reports, interview witnesses, and send preservation notices to secure surveillance footage before it’s destroyed. Early action often makes the difference between winning and losing.

Medical documentation is crucial for proving your injuries and their impact on your life. We coordinate with your healthcare providers to obtain complete records and work with medical experts when necessary to explain complex injuries to insurance companies and juries.

Settlement negotiations begin once we understand the full scope of your injuries and losses. We prepare detailed demands that cover all economic and non-economic damages, then negotiate aggressively to secure fair compensation.

Most cases settle without trial, but we’re always prepared to guide you through how your injury claim becomes a lawsuit and present your case to a jury if necessary.

Why Choose The Law Office of Burns Jain for Your Pedestrian Accident Case?

The Law Office of Burns Jain represents injured clients from its Boston office at 6 Beacon Street. Attorneys Neil Burns and Roshan Jain bring decades of combined litigation experience and a track record of successful outcomes in complex personal injury cases.

Our background in legal malpractice gives us unique insight into attorney duties and professional standards. We apply this same commitment to excellence and communication in every pedestrian accident case we handle.

You work directly with experienced partners, not paralegals or junior associates. We believe in personal attention and clear communication throughout your case, ensuring you understand each step of the process and feel confident in your representation.

What sets our firm apart:

• Proven experience: Over 35 years successfully representing injured clients in Massachusetts courts.
• Personal attention: Direct access to experienced attorneys who handle your case personally.
• Trial readiness: Extensive courtroom experience that strengthens settlement negotiations.
• No upfront costs: Contingency fee arrangements mean you pay nothing unless we win.

We understand the financial strain that serious injuries impose on families. Our contingency fee arrangements eliminate upfront costs and align our interests with yours – we only succeed when you do.

Frequently Asked Questions About Boston Pedestrian Accidents

Do Pedestrians Always Have the Right-of-Way in Massachusetts Crosswalks?

Pedestrians have the right-of-way in marked crosswalks, but they must still exercise reasonable care for their safety. Drivers must yield to pedestrians who are legally crossing in crosswalks. Still, pedestrians cannot suddenly enter traffic where drivers cannot avoid a collision.

How Long Do You Have to File a Pedestrian Accident Lawsuit in Massachusetts?

Massachusetts allows three years from the date of the accident to file personal injury lawsuits against private parties. Claims against government entities must be filed within two years, so prompt legal consultation is essential.

Can You Recover Compensation If You Were Jaywalking When Hit?

Yes, you can still recover damages if your fault doesn’t exceed 50 percent of the total blame. Massachusetts comparative negligence law reduces your compensation by your percentage of fault, but doesn’t eliminate your right to recovery.

What If the Driver Who Hit You Was Working for Uber or Lyft?

Rideshare accidents involve complex insurance coverage from both the driver’s personal policy and the company’s commercial coverage. The available insurance depends on whether the driver was actively transporting passengers or waiting for ride requests.

Who Pays Medical Bills If You Don’t Own a Car or Have Auto Insurance?

You can typically access Personal Injury Protection benefits through a household member’s auto policy or the striking vehicle’s insurance. We help identify all available coverage sources to ensure your medical bills get paid.

Should You Accept the First Settlement Offer from the Insurance Company?

No, initial offers rarely reflect the full value of your claim, often relying on misconceptions in settlement of personal injury cases to minimize payouts. Insurance companies hope you’ll accept quick settlements before understanding the true extent of your injuries and losses. Always consult an attorney before accepting any settlement offer.

Contact The Law Office of Burns Jain for Your Free Pedestrian Accident Consultation

Being struck by a vehicle while walking is traumatic and life-changing. You shouldn’t face the aftermath alone while dealing with injuries, medical bills, and insurance companies focused on minimizing their payouts.

The Law Office of Burns Jain fights for maximum compensation while you concentrate on healing. We handle all aspects of your claim on a contingency fee basis, meaning you pay no attorney fees unless we recover money for you.

Contact us today for your free consultation with experienced Boston pedestrian accident lawyers who put your interests first. We’re here to help you get the justice and compensation you deserve.