Framingham Pedestrian Accident Lawyer
Whether walking on a sidewalk, crossing an intersection, or being in the vicinity of vehicles, pedestrians are afforded specific duties of care that ensures their safety and well-being. Unfortunately, not all drivers maintain this responsibility, and as a result, the lives of innocent pedestrians are placed in harm’s way.
If you or a loved one were stuck by a vehicle, reach out to a professional injury attorney for help with holding the at-fault party liable for damages. A Framingham pedestrian accident lawyer could walk you through the claims process and advise you on your next steps. To get started on a claim, schedule a consultation today.
Legal Protections for Pedestrians in Framingham
Per Massachusetts General Law Chapter 89 § 11, when a pedestrian is hit by traffic when in a marked crosswalk, the driver of the car is legally responsible for damages. The law is clear on this point, although that is not to say that drivers are only responsible for walker safety within marked crossings.
When at all possible, drivers in the Bay State are always expected to slow down or stop completely in order to avoid collisions. This includes individuals who are crossing the street in an unmarked zone, or walkers who enter a crosswalk without prompting from the crosswalk light.
Sometimes, drivers will argue that the pedestrian is responsible for the resulting injuries. A Framingham pedestrian accident lawyer may be able to defend a walker’s actions in court and demonstrate the negligence of the offending driver.
What is the Eight-Foot Rule?
Per M.G.L. 90 § 14, drivers will be cited with a traffic violation when they drive too close to pedestrians en route to or from a car. Oncoming traffic must respect an eight foot boundary around the individual or individuals surrounding the car.
In certain cases, this means that drivers must stop in the roadway to allow the pedestrian access to the car or the walkway. When a motorist strikes an individual in this manner, the jury will consider if the driver was able to slow down or stop in time.
Other traffic violations committed by the driver before or during the collision might also serve as proof of liability. Contact a pedestrian accident attorney in Framingham for more information about driver responsibility.
Possible Damage Claims in Pedestrian Injury Cases
Per M.G.L. Section 231 § 6D, claimants in the Bay State can recover economic and noneconomic damages after an incident that causes personal injury or property damage.
Some common economic damages in pedestrian collisions include emergency medical services like ambulances and trauma care. Depending on the severity of the accident, physical and occupational therapy may be required. The cost of these services fall under economic damages.
Noneconomic damages include mental and physical suffering. However, M.G.L. Section 231 § 6D prohibits plaintiffs from recovering noneconomic damages in minor claims. Therefore, economic damages need to be substantial ($2,000 or more) in order to justify noneconomic damages.
Claimants should begin the process of claiming damages by contacting a lawyer. A pedestrian accident attorney in Framingham can help victims interpret these and other pertinent statutes.
Retain a Framingham Pedestrian Accident Attorney Immediately
After suffering serious injuries, you may have suffered several losses. Not least among them is the loss of your normal routines.
A lawyer with local experience can offer you the perspective you need, allowing you to return to your normal duties. Call a Framingham pedestrian accident lawyer today for a comprehensive review of your case.