Pedestrian Accident Attorney in Boston

Massachusetts is a no-fault state. This means the driver’s insurance pays the injured pedestrian’s medical bills, property damage, and lost wages. If your injuries exceed $2,000 in medical expenses, you may qualify for non-economic damages like pain and suffering. This also applies if you suffer partial or whole loss of a bodily limb, loss of sight or hearing, or sustain serious and permanent disfigurement.

To be eligible for compensation, you must prove the driver was negligent, and their actions were the direct cause of your accident. Negligence is comprised of three statutes you will need to meet.

• Owed them a duty of care
• Breached that duty
• Caused harm to the victim by violating their duty of care

If you successfully show that the driver’s actions are negligent, you may be able to file a personal injury lawsuit in civil court. Sometimes, the accident is the fault of both the driver and pedestrian. Known as a shared fault, you may still be able to file a claim for damages. However, you can’t be found to be more than 50% responsible for the accident. If a judge or jury assigns you 51% of the blame, you can’t seek compensation for your injuries.

Some of the actions that may limit the amount of compensation you receive include but are not limited to:

• Jaywalking
• Walking into moving traffic or at a “do not walk” signal
• Walking on the road while under the influence

To learn more about your pedestrian accident case, contact Morgan & Morgan.

Morgan & Morgan is the largest personal injury law firm in the nation and has a proven track record of success. We have recovered more than $20 billion for our clients. We have over 35 years of experience fighting for our clients’ rights. Contact Morgan & Morgan to schedule a consultation with one of our specialists.