Boston Pedestrian Accident Lawyers

Boston Pedestrian Accident Lawyers

Award winning representation for injured pedestrians in Massachusetts

The pedestrian crash lawyers of Breakstone, White & Gluck have more than forty years of experience consistently getting superb settlements and verdicts for our clients. We thoroughly investigate the facts, aggressively negotiate with insurance companies and when necessary, file suits and try pedestrian crash cases to verdict.

We have obtained some of the largest verdicts 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.

Our results speak for themselves. Our pedestrian crash client reviews speak to the thoroughness, tenacity and compassion of our representation. When the insurance companies see our name, they know your pedestrian crash case will be handled the right way. They know everything that needs to be done for you will be done.

If you have been injured in a Massachusetts pedestrian crash, an experienced pedestrian crash lawyer can help you understand your legal right to compensation for medical expenses, lost wages, pain and suffering and damage to your life. Find a lawyer who has experience not only settling cases, but also going to trial in pedestrian crash cases. No matter how serious your injuries may be, look for a lawyer who has handled catastrophic injury or death cases as that lawyer will be fully prepared to handle your case.

OVER $300 MILLION
won for our clients

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$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

What should I do after a pedestrian accident?

After a pedestrian accident, you should try to:

  • Call the police
  • Take photos of the scene
  • Get information from the driver who struck you
  • Get information of any witnesses to the accident
  • Get prompt medical attention for your injuries

What kinds of damages can I claim for my injuries after a pedestrian accident?

If you have been injured in a pedestrian accident, you may be entitled to compensation for:

  • Medical expenses. This includes the cost of medical treatment, including hospitalization, surgery, medication, and rehabilitation.
  • Lost wages. If you had to take time off work due to your injuries, you may be able to claim compensation for the wages you lost during that time.
  • Pain and suffering. This includes compensation for physical and emotional pain, as well as any loss of enjoyment of life that you have experienced as a result of the accident.
  • Property damage. If your personal property was damaged in the accident, such as your clothing, cell phone, or other belongings, you may be able to claim compensation for the cost of repairing or replacing those items.
  • Loss of earning capacity. If your injuries are expected to affect your ability to earn income in the future, you may be able to claim compensation for the loss of earning capacity.
  • Wrongful death. If a loved one was killed in a pedestrian accident, you may be able to claim compensation for the loss of their income, companionship, and support.

It is important to consult with an experienced personal injury attorney who can evaluate your case and help you determine what types of damages you may be entitled to claim.

Who pays for my expenses after a Boston pedestrian accident?

After a car accident, it’s also important to determine who was at fault and who may be responsible for compensating you for your injuries. If a driver is at fault, you may typically seek compensation from that driver’s Massachusetts auto insurance policy. But it is often much more complicated. For instance, a truck driver or bus driver can cause injury on the job. In these cases, their employer may also be held liable. In fact, it’s not uncommon to have several liable parties, or defendants, in personal injury cases.

Here's a general overview of what to expect, though we can provide more specific information during a personal consultation:

  • Medical bills. Typically, the first $2,000 of your medical bills is covered by the Personal Injury Protection (PIP) insurance carrier of the car you were hit by. If you have private health insurance, you must submit bills over $2,000 to your provider for payment. If you lack private health insurance or your provider refuses payment, you may be eligible for up to $8,000 of PIP medical coverage.
  • Lost wages. If you can't work due to your injuries, you may receive 75% of your average weekly wage from the PIP carrier, up to $8,000.
  • Bodily injuries and wrongful death. If you incur more than $2,000 in medical bills, a fracture, or another serious injury, you may qualify for compensation for pain and suffering, permanent or partial disability, scarring, and loss of ability to enjoy life. Wrongful death claims are also possible under Massachusetts motor vehicle laws.
  • Insufficient insurance. If the at-fault party lacks or has inadequate insurance, you may receive uninsured or underinsured coverage from your own or a family member's automobile policy.

To preserve all of your rights, you may need to take immediate action. Our attorneys can help you determine all the potential sources of compensation during the investigation.

When a pedestrian dies as a result of a crash, a family member may be named executor of the deceased’s estate. Under Massachusetts law, this person may be entitled to file a wrongful death lawsuit against the negligent driver. In this situation, it is essential to consult with a Massachusetts-based lawyer with experience representing plaintiffs in both pedestrian accident and wrongful death cases.

How can a Boston pedestrian accident attorney from Breakstone, White & Gluck help?

If you have 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 are experienced in working with top experts and fighting for the best compensation for injured pedestrians. The attorneys at our firm handle cases from initial investigation, through trial, and, if necessary, all appeals. We will work hard to get you the best results, like we have helped our clients for years.

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.

We don’t back down from the toughest injury cases

At Breakstone, White & Gluck, we focus on catastrophic injury claims. This means that the people we help have some of the most serious injuries there are, and they will live with those injuries for the rest of their lives – dealing with medical treatments, expenses, rehabilitation, chronic pain, and no chance of returning to work. We are used to representing clients with pedestrian accident injuries including:

What are the types of pedestrian accidents?

Drivers who speed, who fail to yield, or who are distracted cause many pedestrian accidents. Drunk drivers frequently cause serious or fatal injuries to pedestrians as well. There are also hit and run drivers, who cause 20.5% of all pedestrian fatalities, according to AAA. Most pedestrian accidents happen in the evening or night hours.

Pedestrian accidents typically occur while crossing streets, but can also happen when one walks along the side of a street or in parking lots, recreational areas, and when cars veer onto sidewalks. Pedestrian accidents can also happen right in crosswalks.

Pedestrians can be injured by cars, trucks, buses, motorcycles, bicycles, and even snowplows or other emergency vehicles. Pedestrian accident often occur near schools, where Massachusetts drivers are required by law to obey 20 mph speed limit. Drivers also have a responsibility to stop for school buses, which often discharge students who need to cross busy streets.

Pedestrian accidents can also occur near construction sites where heavy equipment is moving, or where materials may fall from a building under construction.

How common are pedestrian accidents in Boston?

Boston was one of two Massachusetts cities with the highest number of pedestrian fatalities in 2021, according to a Boston Herald report. The publication states:

Among the 47 Massachusetts cities and towns that had a fatal pedestrian crash in 2021, more than half happened in Boston (9), Springfield (9), Lowell (3), Brockton (3), and Dedham, Framingham, Lawrence, New Bedford, Oxford, Saugus, Weymouth and Yarmouth (2 each). Thirty-five other communities had one fatality each.

The Herald also notes that speed is a factor in most pedestrian crashes, with over half of these fatal crashes happening on streets with 30 to 35 mph limits. The article also points out that older adults are disproportionately affected by pedestrian crashes, and that safer street design could help prevent many serious and fatal crashes.

James Fuccione, senior director of the Massachusetts Healthy Aging Collaborative, told the Herald, “If we truly want to help older adults age in the community, we need to look at this data as an opportunity to create safer streets not just for older adults but everyone… And investing in age-friendly designs that support just that should be the norm.”

What are Massachusetts crosswalk laws?

Under Massachusetts law, 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 Law c. 89, Sec. 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.

Drivers should yield to pedestrians in many traffic situations. Approaching and passing vehicles also have a duty to pass only when it is safe.

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 regulations may require the pedestrian to cross at a corner or a crosswalk.

Our Boston attorneys can explain more about your specific claim in a free consultation.

Do I need an attorney for my pedestrian accident claim?

Injuries suffered by pedestrians are often severe, with injuries that never really heal, causing chronic pain and side effects for the rest of their lives.

At Breakstone, White & Gluck in Massachusetts, we work to get you the best recovery, and collaborate with recognized experts on questions of liability, injuries, and economic damages.

We also understand that immediate investigation and preservation of evidence is often a critical element in proving personal injury and wrongful death cases involving pedestrians. Investigation may involve examination of the scene of the car accident and the gathering of witness statements. Video surveillance is also important evidence in pedestrian accidents, and our firm is skilled in identifying potential sources. Our attorneys get to work securing all evidence immediately.

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.

Center Plaza - Breakstone, White & Gluck

Our Boston pedestrian accident lawyers handle cases throughout Massachusetts

If you or someone you love were injured as a pedestrian, you need to act now. The Boston attorneys at Breakstone, White & Gluck know how to file your insurance claim, work to get your medical bills get paid, and handle the tough stuff while you take the time to heal from your injuries. We’re here to fight for what you deserve. Call or fill out our contact form to set up a free consultation today.

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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