During the holidays, many people plan get-togethers with friends and family. This often involves going out to eat or enjoying all that Boston has to offer during this special time of the year. With the increase in pedestrian traffic, however, comes an increase in the risks of being involved in an injury accident. The holidays are also a time where rates of intoxicated driving increase, meaning that drivers may be less able to observe pedestrians and avoid hitting them. If you were injured as a pedestrian due to a careless driver, contact Mass Injury Group now to set up a time to speak with a Boston car accident lawyer.
Recently, two pedestrians were the victims of an accident in Allston on Commonwealth Avenue between Harvard and Gorham streets, according to a local news report. The accident happened on a Monday evening around 7 p.m. The victims were transported to the hospital, where one is battling life-threatening injuries. The other victim sustained minor injuries. The driver of the vehicle that caused the accident remained at the scene and was cooperative with the authorities. At this time, there are no further details about the cause of the accident.
A pedestrian accident is a type of personal injury accident. To recover compensation, the victim must show that the driver was not using reasonable care and skill at the time of the crash. This duty of care generally encompasses basic, safe driving practices like obeying the speed limit, yielding the right of way, using turn signals, and adjusting one’s driving based on the circumstances. If there is inclement weather, for example, then a driver should typically reduce his or her speed even if it is slower than the posted speed limit.
One of the biggest culprits of pedestrian accidents is distracted driving. Although Massachusetts prohibits drivers from using an electronic device while driving, many drivers ignore this rule and surf the web, check social media, text, and more. Many drivers believe that they are only taking their eyes off the road for a few seconds, but a lot can change in even a brief time period, including pedestrians entering a crosswalk. Your lawyer can help you investigate whether distracted driving played a role in your accident.
Another issue that often comes up in pedestrian accidents is the issue of contributory negligence. Under Massachusetts law, if the plaintiff’s negligence is greater than the defendant’s negligence, then the plaintiff is barred from recovering compensation. In some pedestrian accident situations, the defendant will argue that the plaintiff was also negligent by jaywalking, not waiting for a pedestrian crosswalk signal, or in some other way. It is important to be ready for this defense and have the evidence you need to protect your rights.
At Mass Injury Group, our seasoned team of Boston car accident lawyers is prepared to answer your questions and help you understand your options after a painful pedestrian accident. The financial impact is not something you should have to manage all alone. Call us now at (617) 263-0060 or contact us online to get started.