Boston Pedestrian Accident Lawyer
Injured in a pedestrian accident in Boston, MA? Contact the top Boston pedestrian accident lawyer to seek justice and compensation.
Boston's streets were built for horses, not modern traffic. Whether you're navigating the narrow sidewalks of the North End, crossing Massachusetts Avenue near MIT, or walking through Downtown Crossing at rush hour, you share space with thousands of vehicles whose drivers may be checking their phones, racing to make deliveries, or simply not paying attention. When a vehicle strikes a pedestrian, the injuries are often catastrophic. Broken bones, traumatic brain injuries, and spinal cord damage can require months of treatment, and the medical bills start arriving long before you can return to work. Insurance companies move fast to limit what they pay.
At Breakstone, White & Gluck, our personal injury attorneys specializing in pedestrian accident claims have the experience to make insurance companies pay what they actually owe. We have obtained some of the largest pedestrian accident verdicts in Massachusetts history, including $7.1 million for a woman who hit from behind by an MBTA bus in crosswalk and had to have her leg amputated. We have also had numerous multi-million-dollar settlements for pedestrians hit by cars, trucks and buses in Massachusetts.
Get your free case evaluation and discover how our Boston pedestrian accident attorneys can help you seek the compensation and justice you deserve.
OVER $300 MILLION
won for our clients
Free Case Evaluation
$2,150,000
Pedestrian Accident
Absence of Pedestrian Bollards at Strip Mall Results in Sidewalk Crash and Death
$1,375,000
Pedestrian Accident
Multiple Fractures, Traumatic Brain Injury
$1,250,000
Negligence
Pedestrian Struck in Crosswalk and Killed
$1,200,000
Car Accident
Pedestrian Suffered Knee Injury Requiring Multiple Surgeries
This is a very forward-thinking team who makes critical and appreciated investments in time and effort to give their clients the edge. I would absolutely recommend. ~ Junyong Pak
In This Boston Pedestrian Accident Guide
- How Our Boston Pedestrian Accident Lawyers Help You
- What Compensation Can You Recover?
- Who Can Be Held Responsible for Your Injuries?
- What Should You Do After a Pedestrian Accident in Boston?
- What Massachusetts Laws Affect Your Pedestrian Accident Claim?
- How Breakstone, White & Gluck Builds Your Case
- Why Clients Choose Breakstone, White & Gluck
- Boston Pedestrian Accident FAQs
- Contact a Boston Pedestrian Accident Lawyer Today
How Our Boston Pedestrian Accident Lawyers Help You
When a car strikes a pedestrian, the injuries are often severe. You may be facing a hospital bill you cannot pay, weeks away from work, and phone calls from an insurance adjuster who does not have your best interests in mind.
Breakstone, White & Gluck represents seriously injured people across Massachusetts. We handle every part of your claim so you can focus on getting better.
- We investigate the crash immediately: We secure surveillance footage, identify witnesses, and document the scene before evidence is lost.
- We deal with the insurance companies: We handle every call and negotiation so you are not pressured into accepting less than you deserve.
- We build a trial-ready case: Insurers settle for more when they know we are prepared to take your case in front of a jury.
Our Boston pedestrian accident lawyers are proud to have secured the following verdicts and settlements on behalf of our clients:
- $7.1 Million for our client who was hit by an MBTA bus in a South Boston crosswalk.
- $2.15 Million for our client who was struck by a vehicle as he left a strip mall. There were no pedestrian bollards near the crash site.
- $1.375 Million for our client who was struck by an MBTA bus in Roxbury.
- $1.25 Million for the family of a woman who was struck and killed in a crosswalk.
- $1.2 Million for our client, a pedestrian who was hit by an elderly driver on a sidewalk.
- $1.1 Million for our client who suffered a closed head injury and a shattered leg bone.
Because a three-year statute of limitations applies to these cases, victims have a limited time frame in which to file their Case. In some cases, there are even shorter notice provisions which must be complied with. It is vital that you act immediately to protect your rights.
What Compensation Can You Recover?
Pedestrians have no protection when a vehicle strikes them. The physical damage is often catastrophic, and the financial impact follows quickly.
Breakstone, White & Gluck pursues every category of loss you are entitled to, including:
- Medical expenses: Emergency treatment, surgery, hospitalization, physical therapy, and any assistive devices you need going forward
- Future care costs: We work with medical experts and life care planners to project the full cost of ongoing treatment, especially for traumatic brain injuries and spinal cord damage
- Lost wages: Every paycheck you missed while you were unable to work
- Lost earning capacity: Compensation for your reduced ability to earn income in the future if your injuries are permanent
- Pain and suffering: Physical pain, emotional distress, and the lasting impact of visible scarring or disfigurement
- Wrongful death damages: If a loved one was killed, we pursue compensation for funeral costs, loss of companionship, and the suffering they endured
What we see consistently in the pedestrian accident cases we handle in Boston is that lost earning capacity is the most undervalued component of serious injury demands. Clients treated at Tufts Medical Center or Boston Medical Center after fractures or traumatic brain injuries often have clear medical cost projections but no vocational expert assessment of how the injury affects their ability to perform their specific occupation over the remaining years of their career.
We connect clients with vocational rehabilitation specialists from the outset because that documentation is what closes the gap between what the insurer offers and what the case is actually worth.
Who Can Be Held Responsible for Your Injuries?
More than one party can be legally responsible for a pedestrian accident. Identifying every responsible party matters because it opens the door to more insurance coverage for your medical bills and lost income.
Depending on the circumstances of your crash, responsible parties may include:
- The driver who struck you and their auto insurer
- A rideshare company like Uber or Lyft, depending on whether the driver had the app active
- A delivery company like Amazon Flex or DoorDash if their driver was on a job
- A property owner whose parking lot or poor lighting pushed you into traffic
- The City of Boston or the State if a broken signal or dangerous intersection contributed to the crash
Government claims require a formal written notice within two years of the crash under the Massachusetts Tort Claims Act. Missing that deadline can eliminate your right to recover from a public entity entirely.
One pattern we consistently see in pedestrian accident claims involving the MBTA and other government entities in Boston is that these defendants aggressively challenge what actually happened at the scene. In bus accident cases on routes through Roxbury, the South End, and Dorchester, drivers frequently report to MBTA Police that the pedestrian appeared suddenly or stepped out from between parked cars, even when on-board video contradicts that account entirely.
Preserving that footage immediately is essential because the MBTA controls the vehicle data, and those records can disappear if a preservation letter is not sent without delay.
Another important issue in Boston pedestrian accident cases involves employer liability when the driver was working at the time of the crash. Rideshare drivers picking up passengers in Downtown Crossing, delivery vehicles servicing Back Bay restaurants, and MBTA operators are all subject to commercial insurance policies that carry significantly higher limits than personal auto coverage.
We investigate employment status and vehicle ownership in the first days of every case because that additional coverage tier is frequently what makes a catastrophic pedestrian injury claim fully compensable.
What Should You Do After a Pedestrian Accident in Boston?
The steps you take in the hours and days after a crash directly affect the strength of your claim.
- Call 911 and get medical attention right away. Adrenaline can mask serious injuries like internal bleeding or a traumatic brain injury. A gap in medical treatment gives insurers a reason to argue your injuries were not serious.
- Collect information at the scene. Get the driver's name, license plate, and insurance information. Ask the responding officer for the police report number and their badge number.
- Document everything you can. Take photos of the vehicle, the crosswalk or road where the crash happened, any traffic signals, and your visible injuries. If there are witnesses, get their contact information before they leave.
- Do not give a recorded statement or sign anything. Insurance adjusters often call within days of a crash to offer a quick settlement. These early offers rarely cover the full cost of a serious injury, and a recorded statement can be used to reduce your recovery later.
- Contact Breakstone, White & Gluck as soon as possible. Surveillance footage from nearby businesses can be erased unless it is preserved promptly. We send legal preservation letters quickly to lock down that evidence before it is gone.
“Marc is a skilled professional. When my case required attention, Marc kept me focused and informed. When my case required tough negotiating, Marc delivered.” – Bob Powell
What Massachusetts Laws Affect Your Pedestrian Accident Claim?
Massachusetts has specific laws that shape how pedestrian injury claims work. Understanding these rules helps you know what to expect.
| Legal Rule | What It Means for You |
| Crosswalk Right of Way: | Drivers must yield to pedestrians in both marked and unmarked crosswalks at intersections |
| 51% Comparative Negligence: | You can still recover compensation as long as you are not more than 50% at fault. Your award is reduced by your share of fault |
| 3-Year Statute of Limitations: | Most pedestrian injury claims must be filed within three years of the crash date |
| Tort Claims Act Notice: | Claims against the City of Boston or the State require written presentment within two years. |
| Personal Injury Protection: | Personal Injury Protection (PIP) on the driver's auto insurance may help cover your initial medical expenses. |
Personal Injury Protection, or PIP, is a type of no-fault coverage that pays for your initial medical bills through the driver's auto insurance. This applies even if you were a pedestrian struck by a Massachusetts-registered vehicle.
In our experience handling pedestrian accident cases in Boston, the comparative fault argument appears most often when the crash happened in a marked crosswalk where the driver disputes whether the signal was in the pedestrian's favor. Intersection camera data from the City of Boston and the MBTA is available for many high-pedestrian-traffic locations in the Back Bay, South End, and Fenway corridors, but that footage is typically overwritten within days. We send preservation demands to the relevant city department on the same day we are retained, which is the only reliable way to secure it before it is gone.
How Breakstone, White & Gluck Builds Your Case
We do not rely on the police report alone. We build your case on hard evidence that forces insurers to take your claim seriously.
Scene and video evidence is our first priority. We identify traffic cameras, business surveillance systems, and nearby doorbell cameras. We send preservation letters within days so that footage is not deleted before we can use it.
Vehicle data and phone records can prove exactly what the driver was doing before impact. An Event Data Recorder, which is a device inside most modern vehicles that captures speed and braking data, can confirm the driver never slowed down. Cell phone records can show if the driver was texting.
Medical and economic expert testimony is essential for high-value claims. We partner with treating physicians, neurologists, and life care planners to document every future cost tied to your injuries. This is especially critical in traumatic brain injury and spinal cord cases where care needs extend decades into the future.
In one case we handled, a 77-year-old man was crossing Dudley Street in Roxbury when he was struck by an MBTA bus. The bus driver reported to MBTA Police that the pedestrian had run out from between parked cars. The on-board video told a different story. It showed that he had stepped off the corner normally, was not running, and had been visible to the driver for at least three seconds before the driver took any evasive action. The video also showed the bus was traveling above the speed limit. The case settled for $1.375 million.
Why Clients Choose Breakstone, White & Gluck
Many personal injury firms in Boston take on hundreds of cases at a time and hand your file to a paralegal or junior associate. Breakstone, White & Gluck works differently.
Every client works directly with one of our three founding partners: Marc Breakstone, David White, or Ronald Gluck. We intentionally limit the number of cases we accept so that each client receives the attention their case requires.
Our partners have been named to the Top 100 Massachusetts and New England Super Lawyers list and are listed in The Best Lawyers in America. David White served as President of the Massachusetts Bar Association. Marc Breakstone and Ronald Gluck serve as Governors of the Massachusetts Academy of Trial Attorneys.
Our results reflect that commitment. We have secured multi-million dollar recoveries in brain injury, bus accident, bicycle accident, and wrongful death cases. We prepare every case as if it will go to trial, and that preparation is what drives full and fair compensation for our clients.
“So grateful to Marc for all this help, and I would recommend him to anyone in need of a brilliant Personal Injury attorney.” – Rebecca S.
Boston Pedestrian Accident FAQs
Can I Recover Compensation If I Was Not in a Crosswalk?
Yes. Massachusetts comparative negligence law allows you to recover as long as you are not more than 50% at fault for the crash. Your compensation is reduced by your percentage of fault.
Who Pays My Hospital Bills First After a Pedestrian Accident?
The at-fault driver's Personal Injury Protection (PIP) may cover an injured pedestrian's initial medical expenses regardless of fault. We then pursue the driver's bodily injury liability coverage for all remaining costs.
What Happens If the Driver Who Hit Me Had No Insurance?
We pursue your own uninsured motorist coverage to fund your recovery. If the driver fled the scene and was never identified, this coverage becomes your primary source of compensation.
Does Uber or Lyft Insurance Apply When a Driver Hits a Pedestrian?
Yes. The coverage available depends on whether the driver had the app active and was on an accepted trip. During an active ride, up to one million dollars in liability coverage is available.
How Long Do I Have to File a Pedestrian Accident Claim in Massachusetts?
Most pedestrian injury claims must be filed within three years of the crash. Claims against a government entity like the City of Boston require a formal written notice within two years.
What Does It Cost to Hire Breakstone, White & Gluck?
There is no upfront cost. Breakstone, White & Gluck works on a contingency fee basis, meaning we only get paid if we recover money for you. We also advance all case costs.
Do you have a pedestrian accident attorney near me?
Breakstone, White & Gluck has an office in Boston at 2 Center Plaza #530 in Government Center. We’re within walking distance of the John Adams Courthouse and Suffolk County Superior Court. There’s a parking garage in the building. The MBTA Green Line and Blue Line are right across the street at the Government Center T station, and there’s a bus stop almost in front of our office. If you are unable to travel because of your injuries, we are pleased to arrange a phone or video conference, or a hospital visit.
Contact a Boston Pedestrian Accident Lawyer Today
Medical bills pile up fast when you cannot work. Breakstone, White & Gluck fights to get you the compensation that covers your actual losses, not just what the insurance company is willing to offer.
Contact Breakstone, White & Gluck for a free consultation. Call (800) 379-1244 or contact us online to speak with a founding partner today.
“I knew that Ron had my best interests at heart and that I could trust him to help me make the right decision.” – Katelyn Ludwig
$2,150,000
Pedestrian Accident
Absence of Pedestrian Bollards at Strip Mall Results in Sidewalk Crash and Death
This is a very forward-thinking team who makes critical and appreciated investments in time and effort to give their clients the edge. I would absolutely recommend. ~ Junyong Pak