Need an Injury Attorney for a Pedestrian Accident in Massachusetts?
In March 2017, a report was released that showed pedestrian accidents increased 11% in 2016, which was the largest increase in over 40 years. The reason why this report is important to those in Massachusetts is that these accidents increased the most for their state. The report shows that 5,376 of the over 35,000 accidents in 2015 were pedestrians. 38 pedestrians were killed in the first half of 2016, which was up from 35 the year before. If you have been injured in a pedestrian-related accident, you know that the injuries can have a lasting impact on your life. What can you do to recover?
What Duty Does a Vehicle Driver Owe You?
Drivers owe a duty of care to everybody else who shares the roadways. This is especially true for pedestrians, who are the most vulnerable people on the roadways because they have less protection than those in vehicles. Motor vehicle drivers owe a special duty of care to pedestrians and, if they fail to do so, they are breaching this duty and could be held liable in an accident. Here are some examples of ways that negligence occurs in pedestrian accidents:
- Improper lane use, which forces a pedestrian onto the road or leads to hitting them head-on
- Unmarked crosswalks at intersections
- Left-hand turn accidents, which occur when a driver is negotiating an intersection and looking straight ahead rather than at the pedestrian
- Distractions like texting and driving, which takes attention away from the roads
- Dark clothing that makes pedestrians difficult to spot, which is a major factor in night accidents
How Can I Hold a Party Liable?
Has a driver acted negligently on the road and violated a safety statute, leading to your accident? As the injured pedestrian, you are required to show the court that a law was violated and that you should be protected under the law as a pedestrian. If this violation by the other driver caused your injuries, you could be entitled to compensation under the law. An example of this is when the driver of the vehicle decides to text and drive, taking their eyes off the road and hitting you at an intersection.
If, however, you contributed to your own accident, your recovery could be diminished by your degree of fault. The other driver and their insurance company will work to build a case against you, so the best thing you can do is retrieve as much evidence as possible related to the case. This includes showing exactly how the accident occurred through photographs and witness testimony, to show that the other party was liable and not you.
How Can an Attorney Help?
There are many reasons why you should enlist in legal assistance if you have been injured by a driver and need our help. With pedestrian accidents on the rise in Massachusetts, it pays to know your rights. If you have been injured, you may wonder how you will be compensated for aspects like medical bills, lost income when you can’t return to work, mental anguish, and more. Turn to a trusted attorney as soon as possible to retain your rights and work toward the compensation you deserve.