Pedestrian Accidents
Choosing A Massachusetts Pedestrian Accident Attorney

If you are a pedestrian who has been injured in an accident, the lawyers at Breakstone, White & Gluck, P.C. are prepared to give you the best representation in your case. We have decades of experience representing pedestrians who have suffered personal injuries or wrongful death.

Pedestrian accidents typically occur while crossing streets, but can occur while walking on the side of a street, in parking lots, recreational areas, and when cars crash onto sidewalks. Pedestrians can be injured by cars, trucks, motorcycles, or even bicycles. Massachusetts law favors the rights of pedestrians over vehicles of any type. Usually pedestrians have the right of way, but the right of way is not absolute. A pedestrian crossing a street in a crosswalk, or at an intersection with either the "Walk" signal or on a green light, has the right of way. Massachusetts General Laws chapter 89, § 11, provides:

When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within 10 feet of that half of the traveled part of the way on which said vehicle is traveling.

No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk while a pedestrian is crossing or until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.

Whoever violates any provision of this section shall be punished by a fine of not more than $200.

Whenever a pedestrian is injured by a motor vehicle in a marked crosswalk, the department of state police or the municipal police department with jurisdiction of the street, in consultation with department of state police if deemed appropriate, shall conduct an investigation into the cause of the injury and any violation of this section or other law or ordinance and shall issue the appropriate civil or criminal citation or file an application for the appropriate criminal complaint, if any. This section shall not limit the ability of a district attorney or the attorney general to seek an indictment in connection with the operation of a motor vehicle which causes injury or death and which violates this section.

Pedestrians walking on roadways are also entitled to the right of way, and approaching and passing vehicles have a duty to slow, give plenty of room, and to pass only when it is reasonably safe to do so. The right of way, however, is not absolute, and pedestrians must always use reasonable caution. Pedestrians crossing state highways must ordinarily yield to highway traffic, and in cities, where crosswalks are present, city ordinances and state law may require the pedestrian to cross at a corner or a crosswalk.

Injuries suffered by pedestrians are often severe, and typically include fractures, back injuries, internal organ injuries, head injuries and wrongful death. We will work to get you the best recovery, and will use the best experts on questions of liability, injuries, and economic damages.

What To Do If You Are An Injured Pedestrian

Immediate investigation and preservation of evidence is often a critical element in proving a personal injury and wrongful death cases involving pedestrians. case involving construction accidents. Investigation may involve examination of the scene of the accident and the gathering of witness statements. After a pedestrian accident, it is also critical for your lawyer to establish contact with the investigating authorities, such as the local and state police.  If you or a family member has been injured, you should not give statements to insurance investigators before you are represented by an attorney who will protect your rights.

Choose a Qualified Pedestrian Accident Lawyer

If you have been suffered an accident as a pedestrian, it is essential that you hire a qualified accident lawyer to handle your case. The lawyers at Breakstone, White & Gluck, P.C., are experienced in working with top experts and getting the best compensation for injured pedestrians. The attorneys at our firm handle cases from initial investigation, through trial, and, if necessary, all appeals. We work hard to get you the best results.

Because the Massachusetts Statute of Limitations applies to these cases, victims have a limited timeframe in which to file their case. It is vital that you act immediately to protect your rights.

If you have been injured as a pedestrian accident and wish to speak to a lawyer, please call us at 617-723-7676 (or toll free at 1-800-379-1244), use our contact form, or email us at contactus@bwglaw.com.  Get your free legal consultation today with Breakstone, White & Gluck, P.C. Our Boston office is conveniently located in Government Center.