Lynn Pedestrian Accident Lawyer

Lynn’s dense, urban layout puts pedestrians in close contact with heavy traffic every day, and the results have been deadly. Between 2019 and 2023, the city recorded 17 fatal crashes and 194 serious-injury crashes, many involving pedestrians. In September 2024, Lynn was awarded a $9.6 million federal Safe Streets and Roads for All (SS4A) grant to address 17 miles of high-injury roadways characterized by high speeds, poor nighttime visibility, and few safe pedestrian crossings.

Recent pedestrian fatalities underscore the urgency:

• In January 2026, a pedestrian was struck and killed by a tractor-trailer on the Lynnway during a snowstorm.
• In February 2025, a 78-year-old woman was struck and killed by a flatbed truck on North Common Street while pushing a shopping cart.
• In June 2026, a person was struck and killed by a tractor-trailer at the intersection of the Lynnway and Commercial Street, the second fatality at that intersection in six months. Since 2021, police have responded to at least 87 crashes at that single intersection, according to MassDOT’s IMPACT crash database.

The Lynnway, Western Avenue (Route 107), Broad Street, and the downtown commercial district are especially hazardous for pedestrians due to wide road crossings, missing pedestrian signals, broken sidewalks, and drivers who treat these corridors as high-speed throughways. The city’s Safety Action Plan has adopted a Vision Zero goal to eliminate fatalities, but until infrastructure improvements are completed, pedestrians remain at serious risk.

Massachusetts law gives pedestrians important legal protections. Understanding these laws strengthens your claim.

Crosswalk Right of Way

Under M.G.L. c. 89, § 11, drivers must yield the right of way to any pedestrian crossing within a marked crosswalk when traffic control signals are not in place or not in operation. A driver who fails to stop for a pedestrian in a crosswalk violates the law, and that violation is strong evidence of negligence. Massachusetts also requires police to investigate and potentially cite the driver whenever a pedestrian is injured in a marked crosswalk.

PIP Coverage for Pedestrians

Unlike motorcyclists, pedestrians struck by a vehicle in Massachusetts can access Personal Injury Protection (PIP) benefits. Massachusetts is a no-fault state, and PIP from the striking vehicle’s insurance policy can pay up to $8,000 in initial medical bills and lost wages, regardless of fault. If you also carry auto insurance, your own PIP policy may apply as well.

Comparative Negligence

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, § 85. You can recover compensation as long as you were not more than 50% at fault. If the insurance company argues you were jaywalking or crossed against a signal, your recovery may be reduced, but it is not eliminated. A Lynn pedestrian accident attorney from Brooks Law Firm knows how to counter these arguments and protect your share of fault.

Most pedestrian crashes in Lynn are caused by driver negligence. A Lynn pedestrian accident lawyer at Brooks Law Firm handles claims involving:

• Failure to yield at crosswalks, the most common violation in pedestrian cases, and a direct violation of M.G.L. c. 89, § 11
• Distracted driving, including texting, phone use, and GPS distractions that cause drivers to miss pedestrians in their path
• Speeding, which reduces a driver’s reaction time and dramatically increases the severity of pedestrian injuries
• Left-turn and right-turn collisions, where a driver turns through an intersection without checking for pedestrians in the crosswalk
• Backing-vehicle accidents in parking lots, driveways, and loading zones
• Hit-and-run crashes, where the driver flees the scene and leaves the victim without immediate identification of the at-fault party
• Drunk or impaired driving, particularly during evening and nighttime hours when visibility is already reduced
• Poor road infrastructure, including missing crosswalks, broken sidewalks, inadequate lighting, and intersections without pedestrian signals

Pedestrians have no protection against a vehicle traveling at any speed. Even at 20 miles per hour, a collision can cause life-altering injuries. At higher speeds, the injuries are frequently catastrophic or fatal. Common injuries include:

• Traumatic brain injuries from impact with the vehicle or the ground
• Spinal cord injuries and paralysis
• Fractures of the pelvis, legs, hips, and arms
• Internal organ damage and internal bleeding
• Knee and ligament damage requiring surgery
• Severe lacerations and soft tissue injuries
• Permanent scarring and disfigurement

These injuries often require emergency surgery, extended hospitalization, months of rehabilitation, and ongoing care. A pedestrian accident claim must account for lifetime medical costs, not just your initial hospital stay.

Pedestrian injuries tend to be severe, and the damages in these cases can be substantial. Understanding how pain and suffering is valued helps you evaluate whether an insurer’s offer is fair.

You may be entitled to:

• Medical expenses for emergency treatment, surgery, hospitalization, physical therapy, prescriptions, assistive devices, and long-term care
• Lost wages for time missed from work, plus reduced earning capacity if a permanent disability limits your ability to return
• Pain and suffering for the physical pain, emotional distress, and diminished quality of life caused by your injuries
• Property damage for personal items destroyed in the crash, such as phones, glasses, or mobility aids
• Loss of consortium for the impact on your relationship with your spouse or family

In fatal pedestrian accidents, surviving family members may bring a wrongful death claim under M.G.L. c. 229 to recover funeral expenses, lost financial support, and the loss of companionship.

Insurance companies know that pedestrian victims are often in desperate need of medical coverage and may push quick, low offers. Read our guide on what not to tell your insurance company before speaking with any adjuster.

The steps you take after being hit protect both your health and your legal rights:

• Call 911 to report the accident. A police report is critical evidence.
• Seek medical attention immediately, even if you feel able to walk. Adrenaline masks injuries, and delayed treatment is used to minimize claims.
• Document the scene with photos of the intersection, crosswalk markings, traffic signals, vehicle damage, and your injuries
• Collect the driver’s information including name, license plate, and insurance details
• Get witness contact information
• Do not give a recorded statement to the driver’s insurance company
• Contact a pedestrian accident lawyer before accepting any offer

Lynn is in Essex County. Smaller claims go to Lynn District Court (580 Essex Street, Lynn). Larger cases go to Essex County Superior Court (56 Federal Street, Salem). Our attorneys handle cases in both forums.

Pedestrian accidents are among the most likely to be fatal. A person on foot has no protection against a vehicle at any speed, and crashes on high-speed corridors like the Lynnway have killed multiple pedestrians in recent years. When a driver’s negligence takes a pedestrian’s life, surviving family members have the right to pursue a wrongful death claim under M.G.L. c. 229.

A wrongful death claim is filed by the personal representative of the deceased’s estate on behalf of eligible family members. To succeed, the claim must show that the death was caused by the negligence, recklessness, or wrongful act of another party, such as a driver who failed to yield at a crosswalk or was driving while distracted.

Compensation may include:

• Funeral and burial expenses
• Medical bills related to the fatal injuries
• The income and financial support the deceased would have provided
• Loss of companionship, comfort, guidance, care, and protection experienced by surviving family members
• In cases involving malicious, willful, wanton, or reckless conduct, punitive damages may also be available

When a pedestrian is killed in a crosswalk, the driver’s violation of M.G.L. c. 89, § 11 serves as strong evidence of negligence in the wrongful death claim. The three-year statute of limitations under M.G.L. c. 260, § 2A applies. If your family has lost a loved one in a pedestrian accident in Lynn, our wrongful death lawyers can guide you through every step of the process.

Many pedestrians in Lynn are immigrants who walk to work, to the bus stop, or to local stores because they do not own a car. If you were struck while walking and you are worried that filing a claim could affect your immigration status, that fear is understandable, but it should not stop you from seeking the compensation you are owed.

Your immigration status does not prevent you from filing a pedestrian accident claim in Massachusetts. Your case is a civil matter that is not reported to immigration authorities. At Brooks Law Firm, immigration law is part of our core practice. Whether you have a pending asylum case, a green card application, or concerns about unlawful presence, we coordinate your injury claim and your immigration needs together. You communicate in English, Spanish, or Portuguese, directly with your attorney.

If you were hit by a vehicle while walking in Lynn, do not let the insurance company control the outcome. Brooks Law Firm brings together experienced pedestrian accident lawyers and immigration attorneys in one firm, so your claim and your family’s full situation are always protected.

Call (617) 245-8090 today or fill out our contact form for a free consultation. Every communication is confidential. Hablamos español. Falamos português.