Damages for Pedestrian Accidents Resulting in Broken Bones

Pedestrians always bear the brunt of the impact in accidents when they are struck by a car or truck. Unfortunately, in most cases injured pedestrians usually sustain significant and catastrophic injuries that require extensive medical treatment resulting in significant medical expenses. Oftentimes, injured pedestrians sustain life altering physical impairments that limit their ability to perform their job duties. This can result in a significant loss of income and earning capacity.

Pedestrian Jaywalking Accident

A driver might be responsible for a pedestrian accident even if the pedestrian did not use an available crosswalk and crossed the street at a point between crosswalks. That is because a pedestrian has a right to travel anywhere on a highway or street and not merely on the crosswalk.

It should be noted that from the pedestrian’s point of view, a violation of the jaywalking statute (M.G.L. c. 90, § 18A) cannot be used as evidence in court to prove the pedestrian was negligent and therefore responsible for the accident.

Pedestrian Crosswalk Accidents

nsurance companies are notorious for looking for ways to avoid paying on a claim, or offering “low-ball” settlements. One of their strategies is to assign as much blame as possible to the victim. Pedestrian accident statistics are sobering. According to Luis Martinez, an accident reconstructionist:

“Since 1975, between 14 and 17 percent of motor vehicle deaths have been pedestrians. Pedestrians accidents are exceeded only by falls and motor vehicle accidents as a cause of accidental deaths. The annual cost of pedestrians accidents to society exceed one billion dollars.”

Bus, Truck, and Car Accidents Involving Pedestrians

Although most pedestrian injuries and fatalities happen at intersections, it’s also possible to be hit by an out-of-control vehicle as you’re walking on the sidewalk, in a parking lot, or even in a recreational area (like a park or beach). Less cut-and-dried are cases where the pedestrian has been walking, or jogging, down the side of the street rather than on the sidewalk. As stated above, Massachusetts law dictates that cars give pedestrians a reasonable right-of-way, but in these instances “right-of-way” may be subject to interpretation. At the very least, drivers are required to slow down and give you plenty of leeway when attempting to pass you on the street.