Pedestrian - Car Accidents
Ask anyone how the worst types of car accident injuries can happen, and they'll tell you a typical two- (or more) car accident (in other words, two cars hitting each other.) That answer would be wrong: At least when you're in a car-to-car accident, you're surrounded by steel and (hopefully) buckled in, with air bags in front of (and maybe even beside) you. When you are a pedestrian and are hit by a car, you have nothing to protect you. This makes any pedestrian hit by a car extremely vulnerable to very serious injuries. Pedestrians can be injured not only by cars, but by motorcycles, trucks, and also bicycles. Injuries caused in those accidents may be legally actionable, also.
As with many Massachusetts car accidents, what happens in these accidents is not pretty: Most victims of pedestrian-car accidents sustain broken bones, severe cuts and lacerations, bleeding and severe bruising.Most Common Places Where Pedestrian-Car Accidents Occur
Crosswalks: Generally speaking, pedestrians are assumed to have the right of way when crossing a street in a marked crosswalk, or at an intersection when the "Walk" signal is flashing or when a green light allows. This is governed by Massachusetts General Laws chapter 89, § 11. While pedestrians almost always have the right of way in a marked crosswalk, liability in pedestrian crosswalk accidents can be complicated. Merely being in a crosswalk at the moment the accident occurred is not the only factor in determining who is at fault. Other factors come into play, such as the traffic light sequence involved, signs that may or may not have been present, even (believe it or not) the color of clothing you were wearing and the time of day or night that the accident occurred. We thoroughly investigate the details of these accidents, and we know how to establish liability of the driver in these situations.
Streets: Walk down almost any suburban and definitely urban street in Massachusetts, and you'll very likely see streets filled with cars, trucks, buses, cabs, and yes - pedestrians. The more congested and hectic the area is, the higher the chance for pedestrian-car accidents to occur. A walk down almost any street in Boston or any urban area will show this. When someone who may have been temporarily walking in a street but outside of a crosswalk is hit by a car and injured, who is liable for the pedestrian's injuries? While, as a general rule, pedestrians have the right-of-way for the same legal reasons above outlined in Crosswalks, the details are always going to make the difference. Whether your claim is successful or not, will depend upon the talent and ability of your Massachusetts pedestrian-car accident lawyer to investigate and develop crucial items of information and evidence. These include determining exactly where the pedestrian was traveling to, and what point he or she came from; where the driver originated from and the direction the driver was traveling in, as well as the traffic light sequence and any historical accident data for that particular location or intersection.
Parking Lots: These areas are notorious for pedestrian-car accidents, as well as regular Massachusetts car accidents. Why? Because people drive as if they're no longer subject to the "rules of the road": Many don't slow, don't stop, don't signal their turns, and don't yield to pedestrians. The result? Trouble. Even though these accidents usually involve low-speed collisions, when a pedestrian is involved, it doesn't take a lot to cause serious injury: A 10-mph impact can break someone's back. What can make these accidents even more complicated, though, is that parking lots aren't "public ways." That means that most of them are not subject to the traffic laws that govern public streets, roads, and highways. So when an accident like this occurs, who is liable? Again, that is going to depend upon the particular facts involved, and will require a talented and experienced Massachusetts parking lot injury attorney to successfully obtain compensation for the injured person.
Whether you've been hit by a car as a pedestrian in a crosswalk, a street, or a parking lot, you will need an experienced and expert Massachusetts pedestrian-car accident lawyer to make sure that you receive the maximum amount of financial compensation possible. In any of these circumstances, the driver of the car that hit you will be represented by an insurance company attorney - and if your attorney isn't thoroughly experienced and a proven winner with these types of cases, you're almost certainly going to get less money than you deserve.What Should I do If I've Been hit as a Pedestrian by a Car?
If you are alone and conscious, you need to protect yourself and your belongings from any further injury. Here are some steps you should take immediately after the accident:
- If the other driver or another person has not phoned for medical assistance and you have a cell phone, call police immediately. Police will summon medical assistance and prepare a formal accident report. If you are conscious and can report the facts of what happened to police, do so.
- Immediate preservation of evidence is key. This may sound ghoulish or "gross," but even though you will most certainly be on the ground and even if you are bleeding, ask someone to take a picture of you or take a picture of yourself and your injuries with your own cellphone camera, if you can. This will constitute very valuable evidence in your attorney's hands, later on.
- Obtain names, addresses and phone numbers of anyone who a witness to the accident. This needs to be done in the first very few minutes following the accident. If you or the person assisting you waits too long, the witnesses will be gone.
- Exchange names, addresses, phone numbers and any insurance information with the driver who hit you. Do not wait on this.
- If you are conscious, note in your head important facts surrounding the accident such as the date, time, location, and weather conditions. If you have a poor memory and your cell phone has a voice recorder, speak the facts into the recorder.
- After you obtain the medical treatment you need, contact an experienced, expert-level Massachusetts pedestrian-car accident attorney.
- If you're contacted by a representative of any insurance company - do not say anything to them or their investigators until you have retained a qualified Massachusetts pedestrian accident attorney. Beware: Insurance companies can be very creative when it comes to securing information. Do not make any statements to them until you have retained an expert-level attorney.
Regardless of the specific circumstances involved, it is crucial that you retain a very talented, experienced Massachusetts personal injury lawyer, quickly, to begin the investigative and legal process necessary to hold the negligent party(ies), and their insurance companies, responsible for your injuries. Do not hire an inexperienced injury attorney. Click on our Proven Results page to see a small sampling of the kinds superior legal results we produce for our accident and injury clients. Contact the Law Offices of William D. Kickham to schedule a free initial consultation. Call us at Ph.: (781) 320-0062, or at Ph.: (617) 285-3600; or click here to send us a confidential email. We promise to get right back to you.WHat Damages am I Entitled to Recover if I've Been Injured in a Pedestrian-Car Accident?
Very briefly, you may be entitled to recover compensation for the following damages:
- Medical bills for medically necessary treatment and medications
- Physical therapy and rehabilitation expenses
- Lost wages
- If your medical expenses exceed $2,000, you may seek damages to compensate you for physical and mental pain and suffering
- If you are married, compensation may also be awarded to your spouse and children, for damages known as "loss of consortium and society." These damages can compensate your spouse and your children for their loss of your various "normal" aspects of their relationship with you, such as companionship, affection and support.
Massachusetts automobile insurance law is extremely complicated, and their isn't enough space here to explain it adequately, but both the auto insurance of the driver who hit you, and possibly your own auto insurance, as well as your health insurance, can all be accessed to pay for a variety of expenses and damages caused by your accident. Briefly, this is done through a process known as "coordination of benefits." Call us at Ph.: (781) 320-0062, or at Ph.: (617) 285-3600; or click here to send us a confidential email, and we can explain it you as part of a free initial consultation.The Advantages That Our Firm Offers
The first and most important advantage we offer our clients is our years of experience litigating these types of injuries and our specific expertise in this field. Without that in your attorney, you will not get a superior legal result. It is indispensable.
Next, we cater to our clients. That means going the extra mile to make sure their every need is met, their every question is answered, and every last dollar possible is obtained for them. It means starting the professional relationship out with an offer to travel to your home or workplace, nights or weekends, when it's most convenient for you. It means offering to meet with you in our downtown Boston office, or our Westwood office just off Route 128. It means sitting down with you to explain your automobile insurance policy in plain and understandable terms. It means explaining the legal process to you in plain terms also. It means taking care of insurance correspondence sent you that might otherwise be your responsibility. It means making sure that all insurance companies involved promptly pay you for your lost wages and pay your medical bills. And in the end, it means taking a hard stance with the lawyers representing the driver who hit you, and either negotiating an out-of-court settlement to your maximum financial benefit, or taking the case to a jury or a judge with our many years of trial expertise.Make the Right Choice
If you've been injured in a Massachusetts pedestrian-car accident, things are bad enough already. Start the process of addressing this legally, the right way. Contact the Law Offices of William D. Kickham to schedule a free initial consultation. Call us at Ph.: (781) 320-0062, or at Ph.: (617) 285-3600; or click here to send us a confidential email. We promise to get right back to you. The applicable Statute of Limitations in Massachusetts applies to these cases, so it is important that you contact an attorney promptly to preserve your legal rights.
As we said at the top of this page: We represent Massachusetts pedestrians who have been injured in car accidents. And we do it like no other lawyers can.