Suing for Wrongful Death After a Fatal Pedestrian Accident

A recent study of traffic accidents in Massachusetts reveals a sobering statistic — In 2023, one in every five fatal motor vehicle crashes in the state involved a car striking a pedestrian. This alarming figure highlights the urgent need for measures to protect pedestrians. But for people who have lost a loved one in a pedestrian accident, it underscores the importance of knowing what legal remedies are available.

According to an annual report by WalkMassachusetts, a nonprofit organization that promotes makes walking safer, about 77 percent of the fatal pedestrian crashes in 2023 occurred on streets controlled by a city or town, while only 19 percent took place on roads managed by the Massachusetts Department of Transportation (MassDOT). Moreover, the study found that fatal pedestrian crashes were widespread, with 40 different communities across the state experiencing at least one such incident during the year. These statistics may indicate that municipalities are falling short in their duty to take effort to keep streets safe for pedestrians. For the families of victims who lost their lives in these tragic accidents, the pain is compounded by the knowledge that the loss might have been preventable. 

In Massachusetts, surviving family members have the legal right to file a wrongful death lawsuit against those responsible for the fatal pedestrian accident. A wrongful death action allows families to seek justice and compensation for their devastating loss. The plaintiff must prove several elements. It must show that the defendant (often the driver of the vehicle) failed in their duty to operate the vehicle in a reasonably safe manner, to obey traffic laws and/or to be vigilant for pedestrians. Next, the plaintiff must demonstrate that the defendant’s breach or their duty was the primary cause of the accident.

Massachusetts follows a comparative negligence rule, which means that the victim’s own conduct will be considered when determining liability. For a wrongful death claim to proceed, the pedestrian must have been less than 51 percent at fault for the accident. Even if the pedestrian is found to be no more than 50 percent at fault, the amount of damages the family can recover may be reduced by the percentage of the pedestrian’s fault.

Families who successfully prove their case in a wrongful death action can recover various types of money damages. These damages may include compensation for the deceased’s medical expenses, funeral and burial costs, lost wages and benefits the deceased would have earned, and the loss of companionship and support suffered by surviving family members. Additionally, punitive damages may be awarded in cases where the defendant’s actions were especially egregious.

The firm of Feinberg & Alban PC in Boston has deep experience winning fair compensation for pedestrian accident victims or their families. If you’ve lost a loved one in such an accident anywhere in Massachusetts, call us at 617-232-5950 or contact us online to find out how we can help.