Search Site
Menu

What Considerations Go Into a Motor Vehicle Accident Involving a Pedestrian?

Pedestrians often suffer extreme injuries when struck by a motor vehicle. In this video blog, I discuss the various legal considerations that one should be aware of concerning a pedestrian who is involved in such an accident in Massachusetts.

One general consideration is the perspective of the opposing insurance company. The insurance company will attempt to defend against the pedestrian’s claim by invoking a Massachusetts statute that requires a pedestrian to cross in a crosswalk if one is available within 300 feet. However, whether or not the pedestrian was actually crossing in the crosswalk is not dispositive, as there may be valid reasons. The issue will then become whether the pedestrian was exercising reasonable care in crossing the street.

The easiest way to determine exactly where the pedestrian was is to rely upon percipient witnesses and expert witnesses. There is rarely a witness more capable of recreating the details of an accident for a jury than a percipient witness, one who perceived the accident as it unfolded. Such a person saw it happen with his/her own eyes. This testimony will trump that of expert witnesses because experts must rely upon statements and data that were given to them after the occurrence of an accident rather than witnessing the event firsthand.

However, certain accident data can be enhanced by expert testimony, such as site lines. For example, I once hired an aerial photographer to show the surrounding area of the accident path for one of my clients. However, with advancements in technology, such as Google Maps, aerial experts may not be as necessary as they once were because we can still get the same visual at little to no cost.

Other considerations such as the pedestrian’s clothing, the time of day, the driver’s visibility and the driver’s rate of speed as matched against the posted speed limit all will factor into the pros and cons of the pedestrian’s case. Experts can be hired to clarify some of these factors but percipient witnesses will likely provide the best overall narrative of the accident.

The last consideration is the interplay among the insurance companies. A pedestrian receives up to $8,000 in Personal Injury Protection (PIP) coverage for lost wages and medical bills from the automobile that struck him/her. However, additional coverage for medical payments must come from the pedestrian’s own automobile insurance. This situation is similar to that of a passenger in a third party’s vehicle who is injured as a result of a motor vehicle accident. As discussed in previous blogs, there are uninsurance and underinsurance considerations as well. There are other blogs on this website that specifically deal with insurance issues.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Great communication and quick responses from Colleen. It was a pleasure to work with her.

    Read more

    Cecelia DiSabato

  • google
    5.0/5.0

    I was very pleased with my experience with Feinberg & Alban and the result with my case. Perry Feinberg was great and he helped relieve the stress of having to figure out the next steps with my car accident case. He was professional and very knowle...

    Read more

    Tadashia Rice

  • google
    5.0/5.0

    Awesome people would highly recommend A++++++ in my book

    Read more

    sam adams

  • google
    5.0/5.0

    I had such a great experience with this law firm. Mrs. Colleen was my lawyer. She and her team were so cooperative and worked fast on my case. They made the processe so smooth. I would definitely choose them again for any accident case I have.

    Read more

    Anghine Picault

  • google
    5.0/5.0

    Having to hire a lawyer for a traumatic accident is stressful and uncertain, you are putting your faith and trust in to someone you don't know. Our experience with Robert was great. When you're going through a scary and stressful time it's comforting...

    Read more

    Dawn Sullivan

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form