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

    Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...

    Read more

    D. Tripp

  • google
    5.0/5.0

    Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.

    Read more

    Sophia Elefther

  • google
    5.0/5.0

    My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.

    Read more

    Donna Keene

  • google
    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

    Read more

    Alexander Foygelman

  • google
    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

    Read more

    M Gao

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.