When your pedestrian accident injuries have turned your life upside down, you may be feeling scared and worried about what your future may bring. It is time to take action to protect yourself and your family from financial ruin.
A Massachusetts pedestrian accident lawyer from GED Lawyers can find out what legal options may be available to you. During your free consultation, you can learn more about the pedestrian accident claims process and how a personal injury lawyer from our firm can help.
Cause and Fault for Pedestrian Accidents in Massachusetts
Pedestrians are some of the most devastating types of accidents a person can be involved in. Without any protection surrounding you the way you would if you were traveling in a vehicle, if you are struck by a car or another type of motor vehicle, you could suffer life-threatening injuries.
Your attorney must closely examine how your pedestrian accident occurred to determine who is responsible for causing your injuries. Here is more about some of the more common causes of pedestrian accidents and their respective liable parties:
- Negligent Driving –Negligent driving constitutes any type of unsafe driving practice. This might include speeding, distracted driving, drowsy driving, impaired driving, aggressive driving, reckless driving, following too closely, road rage, and other types of unsafe driving. Not only could the negligent driver be held accountable for causing your accident but if a local dram shop over-served or sold them alcohol, they could also be at fault.
- Defective auto parts –When defective auto parts malfunction, drivers may be unable to prevent themselves from hitting pedestrians. If defective car parts caused your pedestrian accident, several parties could share fault, including auto parts designers, distributors, suppliers, manufacturers, maintenance technicians, safety inspectors, motor vehicle dealerships, and other third parties.
- Hazardous roads –The government agencies responsible for maintaining the safety, maintenance, and integrity of the road could be at fault for your injuries if dangerous road conditions caused your pedestrian accident. Other parties who could share fault in pedestrian accidents of this nature include government agencies, the Massachusetts Registry of Motor Vehicles, municipalities, safety inspectors, contractors and subcontractors, construction workers, and other third parties.
Proving Liability in MA Pedestrian Accident Claims
To prove liability in a Massachusetts pedestrian accident claim, your lawyer must show that the evidence suggests the defendant is more than likely responsible for causing your injuries. The burden of proof is based on a preponderance of the evidence.
Some of the more common types of evidence used to prove fault in a pedestrian accident claim include:
- Cell phone records
- Medical documentation
- Chemical blood alcohol test results
- Accident reports
- Police reports
- Accident reconstructionist reports
- Eyewitness testimony
- Expert witnesses
- Video footage of the accident
- Photos of the accident scene or your injuries
- Photos of property damages
Your lawyer will need to show that the elements of negligence have been met. These include duty of care, breach of duty, causation, and damages.
Here, your lawyer will need to show that the defendant owed the victim a duty of care and somehow breached that duty. This breach must have caused the victim to suffer significant injuries or other damages that have had a lasting impact on their lives.
What to Expect From the Pedestrian Accident Claims Process
The pedestrian accident claims process can seem intimidating. The last thing you want to do is be tied up in a difficult litigation process when you are trying to heal from your injuries. Fortunately, your attorney will be responsible for handling the legal details of your case.
Pedestrian accident claims can be handled in several ways. In some cases, the defendant may be able to settle with the insurance company for a reasonable amount. However, if your insurance settlement is insufficient to adequately meet your needs, or if the defendant did not carry Insurance coverage, you may need to be prepared to bring your case to court.
How Pedestrian Accident Insurance Settlements Are Paid Out
Insurance elements are designed to cover certain types and amounts of damages. For example, in auto insurance policies, bodily injury liability coverage is designed to cover an injury victim’s medical expenses.
With this in mind, the amount of compensation you can recover through the insurance company will be based on the type of coverage purchased by the policyholder. If the policyholder only purchased the minimum amount of coverage and your losses are greater than this, the insurance company will only be obligated to cover the highest limits of the claim.
What Compensation Is Available After a Pedestrian Accident in Massachusetts?
Any damages the insurance company does not cover can be sought after through your civil claim. In civil court, you have the right to be made whole. Here, you could be compensated for every single loss you suffered in relation to your injuries.
Some of the different types of economic damages and non-economic damages you may be able to recoup include:
- Physical pain and suffering
- Loss of income and diminished earning potential
- Loss of enjoyment of life and loss of consortium
- Dismemberment or disfigurements
- Skin scarring and physical pain and suffering
- Psychological trauma and emotional distress
- Inconvenience and reputational damages
- Current and future medical expenses and equipment fees
You can protect your right to secure compensation by seeing a doctor as soon as possible. A physician can assess your injuries and determine how they will affect your life going forward. This prognosis is important evidence for your case. Our aim is to pursue compensation that will prevent you from footing the bill for accident-related losses in the future. Your medical records can help your legal team establish your losses and the negligence of another party.
Massachusetts Statute of Limitations for Pedestrian Accidents
Under Massachusetts law, pedestrian accident victims will have up to three years to get their claim filed before the statute of limitations expires per Mass. Gen. Laws ch. 260 § 2A. Once the statute of limitations runs out, your case will be barred from the civil court system.
The sooner you get an attorney working on your case, the less likely it is that the statute of limitations could impact your ability to recover total compensation for your damages.
Get Help From a Pedestrian Accident Lawyer in Massachusetts Today
If you are ready to bring the liable party to justice but do not know where to turn for help, work with a Massachusetts pedestrian accident lawyer at GED Lawyers.
Our firm is proud to offer no-cost, risk-free consultations to pedestrian accident victims across the state of Massachusetts. Take advantage of this opportunity by completing our quick contact form or calling our office for a free consultation.