When to Call a Pedestrian Accident Lawyer
Pedestrian accidents in Massachusetts are on the rise. Around 1,800 pedestrian related accidents occurred in 2022 alone. If you have been involved in a pedestrian accident, it is important to know when to call a pedestrian accident lawyer. Here are a few circumstances when it may be advisable to contact your attorney.
Drivers at Fault in Pedestrian Accidents
In most pedestrian accidents in which a pedestrian is hit by a moving vehicle, the drive of that vehicle is at fault. There are various reasons why a driver would be at fault. It is likely that the court will want to know whether there were any opportunities directly beforehand where the driver could have avoided the incident.
If the driver who hit you was behaving negligently or breaking the law at the time of the accident, you may have a strong case for compensation. A pedestrian accident lawyer can help you gather evidence and build a case to hold the driver accountable for their actions.
In order to ensure that you have everything you need to support your case, contact your attorney as soon as possible after an accident. Make sure that you are able to get information on the driver involved, witness statements, and official police reports from the incident.
Injuries Sustained from a Pedestrian Accident
Pedestrian accidents can result from a wide range of injuries, depending on the severity of the accident and the protective measures taken by the pedestrian. Common injuries sustained from pedestrian accidents include:
- Head injuries, such as concussions or traumatic brain injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
Pedestrian accidents can result in very serious injuries and even fatality. For this reason, the state of Massachusetts takes pedestrian accidents very seriously.
Even if it does not feel like sustained serious injuries are serious, call 911 and seek medical help immediately. Internal injuries, such as head injuries, can cause complications down the road that may not initially show up right after your accident. But, the long-term impacts that those injuries can have can be critical.
Unfair Insurance Settlements
Insurance companies may not always offer the expected settlement amount to cover your sustained injuries from a pedestrian accident. A pedestrian accident lawyer can review the offer and help you negotiate for a fair settlement that covers all of your damages.
An experienced pedestrian accident attorney understands what an insurance company needs to provide a fair settlement. This includes documents, medical bills, or statements regarding your accident/injuries.
Hit-And-Run Pedestrian Accidents
If the driver who hit you fled the scene, it may be difficult to hold them accountable for your damages. Getting police involved and collecting any witness statements from the accident is important to building a strong case. If the driver is tracked down, your pedestrian accident lawyer can help you build a strong case against them.
Fleeing the scene of an accident in Massachusetts can result in fines and even jail time. In wrongful death cases, the penalty can greatly increase. This can also add additional charges such as hit and run, leaving the scene of an accident, or driving on a suspended license.
Wrongful Death Pedestrian Accidents
If a pedestrian was killed during an accident, the family of the victim can file a wrongful death lawsuit against the driver at fault. Massachusetts law allows spouse, domestic partners, children, financial dependents of the victim, or those entitled to inherit property or assets to file a lawsuit for wrongful death.
An experienced wrongful death attorney can help you receive compensation for anything from medical bills to funeral and burial costs. There may also be the option to receive compensation for non-economic damages, such as loss of companionship. In the case of financial dependents, which can include spouses/partners, compensation can make up for financial loss from victim they financially depended on.
Assessing Your Legal Options from a Pedestrian Accident
Not sure whether you have a case or not? You may have more options than you think. Contact an experienced pedestrian accident lawyer who can offer guidance and advise you on your legal options. They can also help you navigate the legal proceedings that follow which decision you take.
It is important to keep in mind that these cases take time to settle. This means they may not be reliable to cover medical bills from your injuries right away. Cases can take weeks, months, or even years to fully settle.
However, it is also important to keep in mind that there are deadlines for filing a pedestrian accident lawsuit. According to Massachusetts General Laws Chapter 260 section 2A, the Massachusetts statute of limitations for injured pedestrians is three years. That means, pedestrian accident lawsuits must be filed within three years of the accident in which the injuries were sustained. Acting quickly to seek legal representation can ensure that you meet these deadlines.