A driver’s mistake—a moment of distraction, speeding, or failing to yield—can instantly change a pedestrian’s life. If a car struck you, you know the shock, the pain, and the sudden uncertainty that follows. A Massachusetts pedestrian accident lawyer can help you get compensation.

Brooks Law Firm is here to help you navigate this difficult time. Call us today at (617) 245-8090 for a free case evaluation.

After being hit by a car, you need a team that understands Massachusetts laws and how insurance companies operate. Searching for legal help after a pedestrian accident may feel overwhelming, but Brooks Law Firm offers compassionate and determined representation for injured pedestrians across Massachusetts.

Deep Knowledge of Massachusetts Laws and Courts

We know the Commonwealth, and our headquarters are in Medford. Whether your accident happened in Boston, Worcester, Springfield, or anywhere in between, we understand the local court procedures and how insurance companies operate within Massachusetts. 

Our local experience helps us build stronger cases for pedestrians hit by cars in Massachusetts.

Focused on Helping Injured Massachusetts Residents

Our focus is clear: helping people in Massachusetts injured due to someone else’s negligence. As your Massachusetts pedestrian accident lawyer, we concentrate on getting you the resources needed for recovery. 

We know the tactics insurers here use to challenge claims from injured walkers and are prepared to counter them effectively.

Communication and Commitment

Being a local firm, we prioritize clear communication with our clients. We explain the legal process in plain terms and keep you informed about your case’s progress. Our team handles the complex legal work so you can focus on healing. 

We believe informed clients feel more confident during a stressful time.

Drivers generally owe pedestrians a duty of care. They must operate their vehicles safely and watch out for people on foot. Failing to yield the right-of-way, speeding, distracted driving, drunk driving, or ignoring traffic signals are examples of driver negligence that can lead to pedestrian accidents. 

Massachusetts uses a modified comparative negligence rule, which means you can still recover damages (compensation) even if you were partially at fault, as long as your share of the fault is 50 percent or less.

If you are found 20 percent at fault, your total compensation award would be reduced by 20 percent. However, if you are found 51 percent or more at fault, you cannot recover compensation from the other party under Massachusetts law.

How Is Fault Determined?

Determining fault involves gathering and analyzing evidence. As your Massachusetts pedestrian injury attorney, we would investigate thoroughly.

This includes:

• Reviewing the police report
• Interviewing witnesses who saw the accident
• Examining photos or videos of the accident scene, vehicle damage, and your injuries
• Analyzing traffic laws, signals, and signage relevant to the location
• Working with accident reconstruction professionals in complex cases

Even if you think you might bear some responsibility, don’t assume you don’t have a case. Talk to a pedestrian accident lawyer in Massachusetts to understand how the law applies to your circumstances.

If a driver’s carelessness caused your injuries, you can seek compensation for your losses. A knowledgeable Massachusetts pedestrian accident attorney can help you identify all potential damages.

You can seek compensation for:

• Medical Expenses: This includes everything from the ambulance ride and emergency room visit to hospital stays, surgeries, doctor appointments, physical therapy, medications, and necessary medical equipment. It also covers estimated future medical costs related to your injuries.
• Lost Wages: If the accident prevented you from working, you can claim for lost income.
• Loss of Earning Capacity: If your injuries permanently affect your ability to work or force you into a lower-paying job, you can seek compensation for future lost income.
• Other Out-of-Pocket Costs: These might include transportation to medical appointments or home modifications required due to disability.

• Pain and Suffering: This compensation accounts for the physical pain and emotional distress caused by the accident.
• Emotional Distress: This covers anxiety, depression, PTSD, sleep disturbances, or other psychological effects resulting from the trauma of the accident.
• Loss of Enjoyment of Life: You can seek damages if your injuries prevent you from participating in hobbies, activities, or aspects of life you previously enjoyed.
• Scarring and Disfigurement: This compensation is for permanent physical changes.

Calculating these damages, especially non-economic ones, requires experience. Insurance companies often try to minimize these amounts. A Massachusetts pedestrian injury attorney can value your claim fully to receive fair compensation, recognising that pedestrians come from all walks of life and that vulnerable populations in the United States — such as older adults and children — are often at greater risk of serious harm in these accidents.

Pedestrian accidents can happen anywhere, anytime. Understanding common causes helps show how often driver carelessness is involved. 

Brooks Law Firm handles cases that arise from many different situations, including:

• Crosswalks: These happen when drivers don’t yield to pedestrians as required by law.
• Intersections: Drivers turning, speeding, or running red lights may fail to see pedestrians crossing legally.
• Parking Lots and Garages: Negligent drivers might hit a pedestrian while backing up, speeding, or cutting across lanes in busy lots.
• Distracted Driving: Drivers texting, talking on the phone, or otherwise not focused on the road pose a significant risk.
• Drunk or Drugged Driving: Impaired drivers have slower reactions and poor judgment, making crashes much more likely.
• Speeding: Drivers who go too fast or drive recklessly have less time to stop for pedestrians.
• Hit-and-Runs: Sometimes drivers leave the scene, but options like Uninsured Motorist coverage might still provide help.

No matter how your accident occurred, if a driver’s carelessness caused your injuries, you may have grounds for a claim.

Soon after the accident, you’ll likely hear from the driver’s insurance company. Be very careful when speaking with them. The insurance adjuster works for the insurance company, not for you. Their goal is often to settle the claim for the lowest possible amount.

How a Massachusetts Pedestrian Accident Lawyer Can Help

Insurance adjusters may seem friendly, but they are trained negotiators. They might ask for a recorded statement early on, hoping you’ll say something that unintentionally hurts your claim. 

They might make a quick settlement offer that seems appealing but is far less than your case is truly worth, especially before the full extent of your injuries and future needs are known.

Having a Massachusetts pedestrian accident lawyer handle communication with the insurance company protects your rights. Brooks Law Firm knows what information needs to be provided and what doesn’t. We can prevent you from making statements that could be twisted later. 

We’ll handle the negotiations, building a strong case based on evidence to justify the compensation you need.

What About PIP (Personal Injury Protection)?

Massachusetts is a no-fault auto insurance state. This means your own auto insurance policy (or that of a household member) may provide Personal Injury Protection (PIP) benefits, regardless of who was at fault for the accident. 

PIP typically covers the initial medical expenses and lost wages. Even as a pedestrian, if you own a car insured in Massachusetts or live with someone who does, you likely have access to PIP. If not, you might claim PIP from the driver’s policy.

While PIP provides initial help, it often isn’t enough to cover serious injuries. Filing a claim against the at-fault driver’s bodily injury liability coverage is necessary for compensation beyond the PIP limits, including pain and suffering. 

A pedestrian injury attorney can help you navigate both PIP claims and liability claims.

Navigating the aftermath of a pedestrian accident might feel overwhelming, but a Massachusetts pedestrian accident attorney from Brooks Law Firm can take the burden off your shoulders. They’ll guide you through each step, fighting for your rights along the way. 

Here’s how we help.

Investigate and Build Your Case

After your free consultation, your attorney gets to work right away. We’ll collect police reports, track down and interview witnesses, obtain photos or videos of the scene, and gather all your medical records. You won’t have to chase down these documents yourself.

We analyze the evidence, traffic laws, and circumstances to show how the driver was negligent and responsible for your injuries. We can work with accident reconstruction professionals to strengthen your claim if needed.

Handle Insurance Companies

Dealing with adjusters can be stressful and risky. Your lawyer acts as your shield and spokesperson. We take over all calls and correspondence with the insurance companies, preventing you from accidentally saying something that could hurt your case or accepting a quick, low offer.

We prepare and submit all necessary claim documents accurately and professionally, ensuring the insurance company has the information to evaluate liability.

Calculate the Full Value of Your Claim

Insurance companies often try to undervalue claims. Your Massachusetts pedestrian injury attorney will account for all your losses. Our team will meticulously track your medical bills, lost wages, and other costs. 

We also work to value the non-financial impacts, like pain, suffering, and changes to your life. We consult with medical and financial professionals if necessary to estimate future medical expenses or lost earning potential, ensuring your settlement covers long-term needs.

Negotiate on Your Behalf

Getting a fair settlement requires strong negotiation skills. Our team will craft a compelling demand package that presents the insurance company with the evidence of fault and the full extent of your damages.

Our experienced pedestrian injury attorneys negotiate forcefully with the adjuster, countering lowball offers and pushing for a settlement that truly reflects what you deserve. Many cases resolve successfully through negotiation.

Take Legal Action if Necessary

We’re prepared to proceed if the insurance company doesn’t agree to a fair settlement. Your lawyer will file the lawsuit and navigate the complex court procedures. This action often motivates insurers to negotiate more seriously.

We manage the discovery process (exchanging information, taking depositions), handle court deadlines, and may represent you in mediation to seek a resolution before trial. While most cases settle, we prepare every case as if it might go to trial, meeting all legal requirements for evidence submission, procedural rules, and court filings to protect your right to full compensation.

If a trial is necessary, your Massachusetts pedestrian accident lawyer will present your case effectively and fight for the compensation you need.

People injured in pedestrian accidents often have similar questions. Here are answers to some common concerns:

What Is My Pedestrian Accident Case Worth?

Every case is different, so the value of your case depends on many factors, including:

• Severity and permanence of your injuries
• Amount of your past and future medical bills
• Amount of income you lost and expect to lose in the future
• Your pain, suffering, and emotional distress
• How the injuries impact your daily life and activities
• The strength of the evidence 
• Whether you shared any percentage of fault 

A Massachusetts pedestrian injury attorney can evaluate these factors after investigating your specific situation to give you a better idea of a potential recovery range. 

How Long Will My Pedestrian Accident Case Take?

Some simpler pedestrian accident cases might settle within a few months, especially if liability is clear and injuries are fully understood. More complex cases, particularly those involving severe injuries, disputes over fault, or the need to file a lawsuit, can take much longer.

Should I Talk With a Massachusetts Pedestrian Injury Lawyer Before the Driver’s Insurance Company?

Don’t speak with the other driver’s insurance adjuster or give a recorded statement without consulting your attorney. Adjusters are trained to protect their company’s interests, often minimizing payouts. 

They might ask questions to get you to admit partial fault or downplay your injuries. Politely decline to discuss the accident details or give a statement, and refer them to your Massachusetts pedestrian accident lawyer at Brooks Law Firm. 

We will handle all communications with the insurance company on your behalf.

Can I Still Get Compensation if the Driver Was Uninsured or Left the Scene (Hit-and-Run)?

If the at-fault driver is uninsured or cannot be found after a hit-and-run, you may be able to file a claim under the Uninsured Motorist (UM) coverage part of your own auto insurance policy or a policy belonging to a household member. 

This coverage essentially replaces the missing liability insurance from the at-fault driver.

After being struck by a car in Massachusetts, protecting your legal rights is a way to regain some control. Let a dedicated Massachusetts pedestrian accident lawyer from Brooks Law Firm be your advocate. 

We’ll hold the responsible driver accountable and fight for the financial resources you need. 

Contact Brooks Law Firm today for a free, no-obligation consultation to discuss your pedestrian accident case. Call us now at (617) 245-8090.