Pedestrian Accidents

Representing Injured Pedestrians in Boston

Boston pedestrian accident attorney Michael O. Smith has represented victims of personal injury, including pedestrian accidents, for more than 15 years. He offers skilled legal advocacy and representation to pedestrians who were hurt in traffic-related crashes and other incidents in the Boston area. Mr. Smith is a seasoned advocate, with years of experience representing his clients’ interests before jury and bench trials. He gives each case and client the personalized attention they deserve. Contact us to see how we can help you in your pedestrian accident case.

Pedestrian Crashes in Massachusetts

Pedestrians involved in motor vehicle accidents often suffer injuries that are traumatic, and in many cases, fatal. Of the 79 pedestrians involved in crashes in Massachusetts in 2012, 72 died from their injuries, according to the National Highway Traffic Safety Administration. This figure accounted for 21 percent of all traffic-related fatalities that year. Pedestrians are typically injured while crossing the street, in parking lots, or when a car crashes onto a sidewalk.

Pedestrian Accidents and Liability for Injuries

Many pedestrians are injured in auto accidents that involve a negligent driver. Several Massachusetts traffic regulations are in place to protect pedestrians from motor vehicles. For example, a motorist must yield to pedestrians if traffic controls are malfunctioning or if none are in place. They also cannot pass another vehicle that has stopped for a pedestrian. Pedestrians do not always have the right-of-way. Traffic rules in Boston prohibit a pedestrian from leaving a sidewalk and walking or running so closely into the path of a moving vehicle that yielding is impossible for the motorist.

If a car, truck, or motorcycle struck you, you can seek to hold the driver accountable if he or she was negligent. As the plaintiff, you have the burden of showing that the driver:

  • Owed you a duty of care;
  • Breached the duty of care; and
  • Caused you harm and damages by violating the duty of care.

Motorists in Massachusetts have a duty to exercise reasonable care when they operate their vehicles. The crux of establishing liability lies in showing that the defendant’s breach of the duty was the actual and proximate cause of your injuries. In other words, you must demonstrate that your injuries would not have happened “but for” the defendant’s actions, and that your injuries were a foreseeable result of the defendant’s negligent conduct.

If your own actions contributed to your injuries, you may nevertheless be able to recover damages. Contributory negligence does not bar recovery in personal injury suits in Massachusetts, but your negligence must not be more than the defendant’s negligence.

Seeking Compensation

You can seek compensation from the parties who caused your pedestrian accident injuries. By filing a personal injury suit in Massachusetts, you may recover for your hospital and medical bills, pain and suffering, and lost wages. If you lost a loved one in a pedestrian accident, you have the option of filing a wrongful death claim against those who caused your relative’s death. You may seek compensation for burial expenses, medical bills, and their pain and suffering. The statute of limitations for personal injury claims in Massachusetts is three years from the date of the injury, so it is vital that you file your claim in a timely manner to avoid losing your right to initiate a suit.

Reliable, Experienced Legal Advocacy

Boston pedestrian accident lawyer Michael O. Smith can provide you with the legal representation you need if someone else’s negligent conduct has caused you harm. Mr. Smith offers clients his individual attention and aggressive advocacy and representation. He can go over your case, answer your questions, and discuss your rights with you. Mr. Smith provides each client with tenacious advocacy and personalized representation to get them the results they deserve. If you would like to discuss your pedestrian case with Mr. Smith, call our office at 617-263-0060 or reach us online to schedule a free initial consultation. He serves clients from his offices in Boston.