When you or a loved one are walking down the street or using a crosswalk at an intersection in Brockton, you do not expect to be hit by a motor vehicle. The reality is that pedestrian accidents are among the most catastrophic vehicle-related accidents in Massachusetts.
Pedestrians don’t have the protection that an enclosed vehicle provides. Nor do pedestrians have safety systems, such as seat belts and airbags, to absorb the force of an impact. As a result, even a pedestrian accident that takes place at low speed can leave a victim with debilitating or life-threatening injuries.
When a pedestrian is injured by a negligent or reckless driver, the pedestrian deserves to hold that motorist accountable. The motorist should provide compensation for the pedestrian’s injuries or damages.
If you have been involved in a pedestrian accident, speak with an experienced Massachusetts pedestrian accident lawyer as soon as possible. You will learn more about your legal rights and how you may be entitled to compensation for your losses.
The attorneys at The Law Offices of Gerald J. Noonan have upheld the rights of pedestrian victims for three decades. Our solid track record of favorable results for our clients is a testament to the knowledge, resources and care we bring to every case. We are a family-run firm that takes great pride in our successes. Our lawyers go to great lengths to secure settlements and verdicts for our clients.
If you have been injured in a pedestrian accident in Brockton, learn how we can help you. Contact The Law Offices of Gerald J. Noonan today. Call us for a free case review with a pedestrian accident lawyer in Brockton. You do not have to pay us anything upfront. We only get paid if we help you secure compensation for your injuries.
Why You Need a Lawyer After a Pedestrian Accident
If you have been involved in a pedestrian accident, pursuing compensation for your injuries may seem like a straightforward matter. In practice, that rarely turns out to be true. Negligent drivers and their insurance companies will often do whatever it takes to minimize or avoid liability for your injuries and damages. Now is the time to hire a Brockton pedestrian accident attorney from The Law Offices of Gerald J. Noonan.
Our firm will not rest until we have secured a fair and full financial recovery for you and your family.
We can help you pursue the compensation you deserve by:
- Investigating the circumstances of your accident and securing important evidence to help build your claim. That evidence includes the police accident report, accident scene photos, nearby surveillance camera or dashcam footage, eyewitness statements, vehicle damage reports, and the medical records from your treatment.
- Bringing on experts in the fields of accident reconstruction, engineering, medicine, vocational rehabilitation and finance. We will use expert opinions to prove how your accident occurred and who was at fault. Experts can also describe the extent of your injuries and financial damages you have suffered.
- Helping you get the medical treatment you need for your injuries. We will also work to obtain personal injury protection or health insurance coverage for your medical bills.
- Filing claims with the at-fault driver’s insurance company and aggressively fighting to obtain a settlement offer. We will only accept an offer that provides you with fair compensation for your damages and losses.
- Preparing your case to go to court and to trial when the responsible parties won’t fairly settle with you and advocating on your behalf at trial.
Demanding Full Compensation for Your Losses
When you are injured as a pedestrian, you deserve to make a full and complete recovery without worrying about your medical expenses. Our attorneys can help. We will fight to protect your rights and work hard to secure compensation for these damages:
- Pain and suffering inflicted by your injuries
- Emotional distress caused by physical disabilities or disfigurements, or the inability to participate in activities you once enjoyed
- Lost wages for time missed from work while you recover from your accident
- Lost earning potential, if your injuries disable you from working to your full earning capacity
- Loss of companionship, which is awarded to your spouse for the loss of your company and services
- Medical bills, including hospital bills, surgeries, prescription medication, physical/occupational therapy sessions, home health care services, or out-of-pocket expenses for medical or mobility assistance equipment
Retaining a trusted personal injury lawyer can only help you with your personal injury claim. At The Law Offices of Gerald J. Noonan, we help take the legal stress off of your shoulders. That allows you to focus on your recovery.
Time Limit for Filing a Pedestrian Accident Lawsuit in Brockton
Under Massachusetts law, you generally have three years from the date of your pedestrian accident to file a lawsuit against an at-fault driver. In a few situations, the start of this three-year period might be delayed. For example, a delay might be allowed if you were injured in a hit-and-run pedestrian accident and initially you did not know the identity of the driver.
If you do not file your lawsuit before the three-year time limit expires, your case may be permanently dismissed by the court.
Tips for Protecting Your Rights after a Pedestrian Accident
If you are injured in a pedestrian accident, take these steps to help protect your rights:
- Call 911. To make sure everyone involved is okay, place a call to emergency services. When you call 911, the dispatcher will send police and an ambulance, if needed, to your location. The police officer will write and file a police report. This report will provide detailed information about the accident scene. The police report may prove helpful as you pursue your claim.
- Seek medical attention. Do not refuse medical attention, even if you think you are uninjured following an accident. The medical records of any injuries will enable your attorney to better calculate how much compensation you should seek in a personal injury claim.
- Take pictures. If you are able, take pictures of the accident scene and the vehicle that struck you. Also photograph your injuries and any property damage. These pictures may prove extremely helpful later if you end up filing a lawsuit.
- Get witness contact information. Witnesses may not stick around following an accident. However, you may later need their statements to help prove that the driver was at fault in your accident. Get their contact information before they leave. Contact information will enable your attorney to speak with eyewitnesses at a later time.
- Call The Law Offices of Gerald J. Noonan. You deserve an experienced personal injury attorney with proven results. At The Law Offices of Gerald J. Noonan, we are here to help you get back on your feet after your pedestrian accident.
Common Pedestrian Accident Injuries
We have seen these types of pedestrian injuries in the accident cases we have handled for our clients:
- Traumatic brain injuries (TBI) – The most common TBI is a concussion, which occurs when you suffer a violent blow that causes the brain to move.
- Spinal cord injuries (SCI) – A serious blow to the body can also cause SCI, which may result in paralysis in the most serious cases. Spinal cord injuries are often severe and can result in life-altering consequences.
- Broken bones – Broken bones are common in pedestrian-car accidents. Injured pedestrians may take months to heal and face serious hardships, including time missed from work.
- Death – The most extreme injury that an individual can face is death, which can be caused by the force from the vehicle and the lack of protection that a pedestrian has.
Every injury is unique and depends on the circumstances of the accident that caused it. However, remember that if you did not cause your accident, you should not have to pay the bills associated with your recovery.
Pedestrian Laws in Massachusetts
When a car, truck or motorcycle hits a pedestrian, the accident is usually the fault of the vehicle’s driver. These Massachusetts laws give pedestrians the right of way in many situations.
- 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.
These traffic laws give pedestrians the right of way at crosswalks:
- The pedestrian has the right of way in a crosswalk—M.G.L. c. 89, § 11.
- Vehicle operators shall not pass a vehicle stopped for a pedestrian in a crosswalk—M.G.L. c. 89, § 1, 350 CMR 4.01(8).
- Vehicle Operator must yield to pedestrian at crosswalk—720 CMR 9.06(27).
Drivers’ Responsibilities to Pedestrians in Brockton
Pedestrians have a right to use sidewalks and crosswalks without fear that they will be hit by a carelessly operated motor vehicle. Although pedestrian accidents can occur in a parking lot, driveway or sidewalk, the majority of these accidents occur when a pedestrian attempts to cross a street.
Massachusetts law generally favors pedestrians by giving them the right of way:
- The operator of a car, truck, tractor-trailer, motorcycle, moped, Segway, or even a bicycle usually has a duty to yield to a pedestrian.
- Motor vehicles must yield the right of way to pedestrians when they are in the crosswalk attempting to cross the street, or have a traffic signal at an intersection in their favor.
Pedestrians have their own set of rules to follow and may be responsible for an accident if they are found to have violated a motor vehicle’s right of way. Pedestrians must yield the right of way to vehicles when attempting to cross a state highway.
Local ordinances may require pedestrians to cross the street at designated crosswalks. Failure to adhere to these ordinances may result in a jaywalking violation. However, a violation of the jaywalking statute (M.G.L. c. 90, § 18A) cannot be used as evidence in court to prove a pedestrian was negligent and therefore responsible for the accident.
Types of Pedestrian Accidents
Negligent and reckless drivers can find all kinds of ways to get into accidents with unsuspecting pedestrians. Common types of pedestrian accidents in Massachusetts include:
- Vehicle backup accidents
- Failing to yield to a pedestrian in a crosswalk
- Bus, truck and car accidents involving pedestrians
- Jaywalking accidents
- Intersection accidents
- Crosswalk accidents
- Distracted driving accidents
- Nighttime accidents
- Drunk driving accidents
- Speeding accidents
- Failure to yield accidents
No matter what type of pedestrian accident you have endured, The Law Offices of Gerald J. Noonan can help you and your family recover the compensation and justice you need and deserve.