Pedestrian Accidents Caused by Speeding
Speeding is a known danger on our roads. Yet each day, drivers speed and 25 people across the U.S. are killed in speed-related crashes, according to the National Safety Council.
Drivers are operating with negligence when they speed. If you are a pedestrian who has been injured by speeding, learn your legal rights because recovery may take a long time. You want to ensure you have the resources to make the best recovery possible. Under Massachusetts law, you may be entitled to financial compensation from the driver's insurance policy to pay for your medical expenses. The driver's insurance may also have to pay for your lost wages and pain and suffering, along with other potential damages, such as loss of enjoyment of life and loss of consortium damages if you have a spouse.
Time is of the essence in investigating pedestrian accidents. At Breakstone, White & Gluck, our pedestrian accident lawyers can investigate and establish whether speed was likely involved in the crash which injured you or your loved one. We are highly experienced in investigating pedestrian crashes in Boston, Chelsea, Everett, Lynn and other cities. Our attorneys have reached numerous settlements and verdicts for clients after pedestrian accidents at crosswalks and pedestrian bus accidents. Read more about our pedestrian accident case results for clients.
Massachusetts Laws Protecting Pedestrians From Injury
Our attorneys bring substantial experience to accident reconstruction investigations involving pedestrians, cars and large vehicles. When drivers speed near pedestrians, they are violating at least one traffic law. If police investigate and determine the driver was speeding when they struck a pedestrian, they may issue one or more traffic citations. In some cases, police may also pursue criminal charges if the driver was also operating recklessly, such as by speeding excessively and drinking and driving at the same time. These are significant findings. You can present traffic citations and criminal charges to the driver's auto insurance company to support your claim.
Unfortunately, there are cases when police do not cite drivers. Then, it will be important for our lawyers to present our own investigation and demonstrate how the driver was negligent, directly to the insurance company or at trial, if necessary.
There are several Massachusetts laws which aim to protect pedestrians:
Under Massachusetts law, drivers have to operate with care around pedestrians. M.G.L. c. 90, § 14 states, “Upon approaching a pedestrian who is upon the traveled part of any way and not upon a sidewalk, every person operating a motor vehicle shall slow down.”
Massachusetts laws also require drivers to use care when passing or turning at intersections.
Drivers must also follow speed limit laws. When speed limits are not posted, drivers must use good judgment. M.G.L. c. 90, § 17 states, "No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public."
Further, drivers must use caution near pedestrians when a “special hazard” exists or “by reason of weather or highway conditions.” Drivers must recognize dangerous conditions and slow down to avoid causing a pedestrian accident. They must also slow down at night, when visibility is low.
If a driver is speeding at the time of a pedestrian crash, how fast makes all the difference. The higher the speed, the more likely the pedestrian accident is to result in death or catastrophic injuries. According to the City of Minneapolis Vision Zero Crash Study, drivers traveling 40 mph had a 73 percent likelihood of killing a pedestrian. At 30 mph, drivers had a 40 percent likelihood of hitting and killing a pedestrian. At 20 mph, there was a 13 percent likelihood.
Contact Our Top-Rated Boston Pedestrian Accident Lawyers
Breakstone, White & Gluck has more than 100 years combined experience representing pedestrians and their families after serious and fatal accidents in Massachusetts. We are committed to thoroughly investigating the cause of each accident and working vigorously to help our clients recover the maximum compensation.
Our attorneys represent those injured in Boston, Cambridge, Quincy, Somerville, Everett, Saugus, Lynn, Arlington and throughout Suffolk, Norfolk, Middlesex and Essex Counties. We urge you not to speak to the driver's insurance company until you have received medical treatment and have consulted a lawyer. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or use our contact form.