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

    It was a pleasure working with attorney Alexis Cahill. She helped me understand everything and gave me more than I ever thought. She is so nice and an excellent lawyer. I'm glad I went to this co-op.” thank again you for taking care of everyth...

    Read more

    rita botelho

  • google
    5.0/5.0

    Colleen Santora and her partners at Feinberg & Alban went above and beyond in providing efficient and professional representation throughout my recovery process. Colleen is a great attorney that is very knowledgeable and empathetic. She was a pleasur...

    Read more

    ELI-RAN YOUSHAEI

  • google
    5.0/5.0

    Working with this firm was a great experience. Marsha Alban is a great attorney and very easy to work with!

    Read more

    Bronislava Abramova

  • google
    5.0/5.0

    This attorney office is highly efficient, amazing, and professional. They made me feel very comfortable and was invested in my interest. Communication through my whole experience was always professional and prompt. I highly recommend them to anyone w...

    Read more

    Babydoll Babydoll

  • google
    5.0/5.0

    I was in a car accident recently, and was lost in the process of what to do post my injuries. I contacted Feinberg & Alban, where I was introduced to Colleen Santora, who was the best resource I could have ever imagined. Colleen was knowledgable, emp...

    Read more

    OT Tips & Tricks for Kids

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form