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Pedestrian Accidents: Understanding Liability and Seeking Compensation in Massachusetts

Pedestrian accidents can be devastating, leading to severe injuries and, in some cases, even fatalities. If you or a loved one has been involved in a pedestrian accident in Massachusetts, it’s crucial to understand the legal aspects of such incidents, including liability and the process of seeking compensation. As experienced personal injury lawyers in Massachusetts, we aim to provide you with valuable insights to help you navigate through the complexities of pedestrian accident cases.

Understanding Liability 

Determining liability is a crucial aspect of any personal injury case, including pedestrian accidents. In Massachusetts, liability is often based on negligence, meaning that the party responsible for the accident failed to exercise reasonable care. Several factors contribute to establishing liability in pedestrian accidents:

  1. Driver Negligence: Motorists have a duty to operate their vehicles safely, especially in areas with pedestrian traffic. Common forms of driver negligence include distracted driving, speeding, failure to yield, and driving under the influence.
  2. Pedestrian Negligence: While pedestrians generally have the right of way in crosswalks, they also have a duty to exercise caution. Pedestrian negligence may include jaywalking, crossing against traffic signals, or being intoxicated while walking.
  3. Property Owner Responsibility: In some cases, property owners may be held liable for pedestrian accidents if hazardous conditions on their premises contribute to the incident. This could involve poorly maintained sidewalks, inadequate lighting, or other dangerous conditions.

Seeking Compensation 

Once liability is established, the next step is seeking compensation for the damages incurred. In Massachusetts, compensation may cover:

  1. Medical Expenses: This includes current and future medical costs related to the pedestrian accident, such as hospital bills, surgeries, rehabilitation, and ongoing medical care.
  2. Lost Wages: If the accident results in the victim’s inability to work, compensation may be sought for lost wages, including both current and future income.
  3. Pain and Suffering: Damages may also account for the physical and emotional pain experienced due to the accident, including mental anguish and loss of enjoyment of life.
  4. Wrongful Death Damages: In the unfortunate event of a pedestrian fatality, surviving family members may seek compensation for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.

The Importance of Legal Representation 

Navigating the legal intricacies of a pedestrian accident case can be overwhelming, especially while recovering from injuries. Seeking legal representation is crucial for several reasons:

  1. Legal Expertise: Experienced personal injury lawyers understand the nuances of Massachusetts personal injury law and can provide guidance based on their expertise.
  2. Investigation and Evidence Gathering: Lawyers can conduct thorough investigations to gather evidence, including witness statements, accident reports, and expert opinions, to strengthen your case.
  3. Negotiation with Insurance Companies: Lawyers can skillfully negotiate with insurance companies to ensure that you receive fair compensation, taking into account all applicable damages.
  4. Litigation Support: In the event that a fair settlement cannot be reached, a skilled attorney will be prepared to take the case to court and advocate for your rights.

Experienced Personal Injury Lawyers 

Pedestrian accidents are often life-changing events that require careful consideration of legal options. If you or a loved one has been involved in a pedestrian accident in Massachusetts, seeking the assistance of experienced personal injury lawyers is essential. Understanding liability, knowing what compensation you may be entitled to, and having skilled legal representation can significantly impact the outcome of your case. We are committed to helping you navigate the complexities of pedestrian accident cases and securing the compensation you deserve. Contact us today for a free consultation and let us guide you through the path to justice.

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Steven M. Houde

Steven M. Houde

Attorney Houde is a top rated personal injury lawyer serving the Greater Boston region. With law offices in Medway, Attelboro, Needham, and Wellesley, Massachusetts, he will travel to meet clients at their home, hospital, or work. He is skilled at handling all facets of a successful injury claim, from proving liability to looking into all possible sources of insurance coverage to dealing with insurers and defense counsel.

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