Pedestrian Nighttime Accident

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.

Car Accidents Attorneys, BostonMassachusetts 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.

Boston MA Pedestrian Accident Attorney Boston

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.

Were you hit by a car while crossing or walking in the street?  Find out if you are entitled to compensation by requesting your free, no-obligation legal consultation.

(Click below to request yours today!)

Boston Car Accident Lawyers Speeding Cars

Our personal injury and wrongful death attorneys assist pedestrian accident victims, and family members of fatal pedestrian accident victims, throughout all of Massachusetts including but not limited to Plymouth County, Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Westport, Dartmouth, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Hyannis, Falmouth, Barnstable and the Greater Boston area including Cambridge, Somerville, Medford, Everett, Lawrence, Lynn, Revere, Dorchester, Roxbury.

Related posts:

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 ...
Pedestrian Rights, Injuries, and Accidents
Pedestrians walking on foot have a right to use sidewalks and crosswalks without fear that they will be hit by a negligently or carelessly operated mo...
Hit And Run Accident Claims
The standard Massachusetts Automobile policy provides coverage for any medical bills, lost earnings or pain and suffering if the holder of a Massachus...
Motor Vehicle Backover Accidents
A backover accident is when a motor vehicle backs into a pedestrian or person on a bicycle usually when the motor vehicle operator is trying to back o...
Failing to Yield to Pedestrian in a Crosswalk
Many pedestrian accidents in Massachusetts occur at or near designated crosswalks. A pedestrian crosswalk accident occurs every two hours in this coun...
Pedestrian Intersection Accident Involving Left Turning Driver
A pedestrian is 4 times more likely to be struck by a left turning vehicle at an intersection than a vehicle taking a right turn at an intersection. S...
Pedestrian Breakdown Lane Accident
There is no law in Massachusetts requiring a pedestrian, when lawfully using the road, to be continuously looking or listening to determine if cars or...
Runner Jogger Hit by Car
Joggers are pedestrians, and in Massachusetts, pedestrians almost always have the right of way and cars and trucks have a duty to yield the right of w...