Pedestrian Accident Law in MA | Frequently Asked Questions (FAQs)
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Pedestrian Accident Injury FAQ

What damages are recoverable in pedestrian accident cases?

The injured party may recover damages for past and future medical expenses, past and future wage loss, an/or past and future pain and suffering. If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian’s death, as well as damages which stem from the loss of society care and comfort of the decedent.

If I am a pedestrian, does a motor vehicle driver owe any special duty or care toward me under law?

Yes. Both pedestrians and drivers are responsible to exercise ordinary care when using roadways. However, the amount of care required by the driver is typically greater, since the driver is operating a vehicle that is capable of inflicting injury or death. Drivers of motor vehicles have a duty to keep their vehicles under sufficient control in order to avoid injuries to pedestrians.

If my child has been injured or killed by a motor vehicle when he or she was a pedestrian, what are our rights?

In cases involving young children, the law recognizes that greater care must be exercised for their protection. Because children’s conduct is unpredictable, the law recognizes that the driver of a motor vehicle must anticipate a certain level of thoughtlessness and impulsiveness on the part of children.

Who pays for my injuries?

The vehicle that struck you is responsible to pay for your pain and suffering. If the vehicle that struck you fled the scene, and you were unable to identify it, you may be entitled to insurance coverage through your own motor vehicle insurance policy or that of a household member.