Who Is Liable in a Pedestrian Accident?

No car accident is a picnic, but those involving pedestrians can be especially traumatic for everyone at the scene. With no protection against the speed and force of moving vehicles, pedestrians can suffer serious injuries and even death. Who is liable in a pedestrian accident in Massachusetts?

When it comes to covering medical, funeral, or other expenses resulting from a pedestrian accident, liability will depend on the circumstances, including negligent behavior. If you have been injured in a pedestrian accident, you may be understandably overwhelmed by your injuries, medical bills, and inability to work. A qualified and caring attorney can review your case and help you understand the potential liability involved.

Compulsory Coverage in Massachusetts

Before discussing who is liable in a pedestrian accident in Springfield, MA, you should understand that Massachusetts is a no-fault insurance state. According to Mass.gov, drivers must maintain mandatory insurance minimums, known as compulsory coverage. This includes the following types of coverage:

• Personal injury protection (PIP);
• Bodily injury to others;
• Bodily injury caused by uninsured auto; and
• Property damage.

When a car accident occurs, compulsory coverage may be utilized in a few ways. Because Massachusetts is a no-fault state, the first coverage to kick in is PIP, with each party’s insurance covering their injuries. This policy covers medical expenses and up to 75% of lost wages (to a limit of $8,000). PIP also covers members of the driver’s household, anyone allowed to drive the car, vehicle passengers, and, importantly, pedestrians.

In certain cases, “bodily injury to others” will cover injury or death caused to others, up to $20,000 for one person or $40,000 for more than one person. “Bodily injury caused by uninsured auto” covers losses in accidents involving uninsured motorists or hit-and-run scenarios (up to $20,000 for one person or $40,000 for more than one person). Finally, “property damage” coverage accounts for damages to another person’s property (up to $5,000).

Assigning Liability

In Springfield, MA, Who Is Liable in a Pedestrian Accident?

When you are involved in a pedestrian accident, it can turn your world upside down. You may find yourself facing significant injuries and a lengthy recovery. You might not be able to work, and with mounting medical bills, your stress level could go through the roof.

When you add in an uphill battle against insurance companies that delay or deny your claim or offer you an inadequate settlement, you might naturally be at your wits’ end. What you need to discover is who is liable in a pedestrian accident. Once liability is assigned, it can help to streamline the claims process.

The Driver Who Caused the Accident

Cars and trucks may dominate roadways, but they are not the only ones on the road. Because vehicles can cause so much damage, drivers have a duty to follow the rules of the road and carefully navigate around motorcyclists, bicyclists, and pedestrians who could suffer much more significant harm. When car accidents occur, one or more drivers may be held liable if pedestrians are harmed.

Property Owners or Municipalities

Not all car accidents are caused by drivers. In some cases, the location could be partially or completely to blame. Municipalities and their governments are responsible for maintaining safe and operable roadways. This could include making sure roads are free of potholes or ice that could cause accidents, as well as installing and maintaining suitable traffic controls.

Area property owners may also bear some liability in accidents if their properties create hazards. For example, a broken sidewalk or overgrown foliage that forces pedestrians to step into the road could be a cause for liability if an accident occurs.

Pedestrians

Pedestrians are often granted the right of way on roadways because they are so vulnerable, but there are situations in which pedestrians could be held partially or even fully liable for causing accidents.

If you have been injured in a pedestrian accident through no fault of your own, you should not have to pay. Contact Cava Law Firm now at (413) 737-3430 or (413) 781-CAVA (2282) for a free consultation to discuss your case.

Understanding Comparative Negligence

How Does It Impact Who Is Liable in a Pedestrian Accident?

Massachusetts observes comparative negligence in civil cases entailing injury or death. This means that even if you are partially at fault for an accident, you could still be eligible to seek compensation for damages. How does comparative negligence work?

When a personal injury occurs, such as a pedestrian accident, one or more people or entities will be assigned fault by the insurance companies involved. This finding is typically based on evidence like a police report, witness statements, and photos/videos from the scene. If you are assigned 50% fault or less, you are eligible to seek damages for your injuries.

However, the damages awarded will be reduced accordingly. For example, if you are found to be 25% at fault and are awarded $100,000 in damages for a spinal or brain injury, you are only eligible to receive $75,000.

The Benefits of Working With an Experienced Attorney

Winning Is NO Accident!

In Massachusetts, determining who is liable in a pedestrian accident can be complicated. Insurance companies are not in the business of handing out money, and they may use a variety of tactics to delay or deny your claim, hoping you will give up or accept a lowball settlement offer. An experienced attorney with a proven track record of success in cases like yours can guide you through the process, help you develop a sound legal strategy, and negotiate on your behalf or fight for compensation in court. Understanding liability is important, but the right legal support makes a world of difference when you are recovering from an accident.

Have you suffered injuries in a pedestrian accident, resulting in significant medical and other costs? Contact Cava Law Firm today at (413) 737-3430 or (413) 781-CAVA (2282) to schedule your free consultation and learn more about how we can help you.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]