When a car, truck or motorcycle hits a pedestrian, the accident is almost always the fault of the driver of the vehicle. By law, pedestrians in Massachusetts practically always have the right of way regardless of the circumstances of the accident.
Massachusetts law generally favors pedestrians by giving them the right of way:
- G.L. c. 90, § 14—Upon approaching a pedestrian who is walking on the street and not upon a sidewalk, every person operating a motor vehicle shall slow down;
- 720 CMR 9.06(28) &350 CMR 4.01(8) –Failing to exercise due care to avoid colliding with a pedestrian
Pedestrian Appears Suddenly From Darkness
A motor vehicle operator will be found responsible for a pedestrian accident if the evidence shows the pedestrian was in view of the operator for enough time before the collision to allow the operator to safely stop or avoid the pedestrian.
There was enough evidence in the following cases to find the driver responsible for the pedestrian accident:
- The evidence in this case showed there was no traffic in front of the vehicle operator and with unobstructed vision, the driver hit a boy at nighttime on a wide, straight street. The boy crossed the road from the driver’s left side and had walked across the entire oncoming lane of travel before reaching and entering the driver’s side of the street;
- The evidence in this case showed that the driver took his eyes off the road for a time before hitting the pedestrian;
- The evidence in this case showed that the driver continued driving his truck for some distance in the face of blinding lights.
Experienced Accident Attorneys with Trial Law Experience for Even the Most Complex Cases
Getting compensation for a pedestrian accident might seem simple. After all someone else caused the accident, you were injured, and so you should be compensated. But insurance policy terms and Massachusetts laws make things a little more complicated than that. There are many provisions and restrictions that can be confusing to lay people — especially when insurance companies contest liability or when they offer to settle claims for the least amount possible and not necessarily what the victim is entitled to.