Pedestrian accident injuries are often critical or life-threatening due to the size and weight of a traditional vehicle. Injuries may include back injuries, internal organ damage, head injuries, or broken bones.
If you have been critically injured in an accident with any passenger or commercial vehicle or if your loved one was killed in a similar accident, the next step is to file a lawsuit. A Revere pedestrian accident lawyer could recover fair compensation for the injuries and damages in your case. With the help of a well-versed attorney, if you could show that another party was negligent in failing to exercise the proper duty of care owed to you as a pedestrian, you may be able to recover compensation for damages.
The recovery of fair compensation in Massachusetts is governed by statutes relating to time limitations, negligence, and damages.
There are several laws in place affecting a victim’s ability to file a personal injury lawsuit against a responsible party. Massachusetts General Law Chapter 89 § 11 explains that pedestrians have the right of way while crossing the street with a green light or walk signal. A pedestrian walking on a roadway is also given the right of way.
When a driver violates this right of way and strikes a pedestrian, a civil lawsuit could be filed with the help of a Revere pedestrian accident lawyer. An attorney may also be able to provide assistance with gathering evidence, reviewing witness statements and expert testimony, evaluating settlement offers, and preparing the case for trial.
Proving liability in a pedestrian accident injury case is often times more difficult than expected. Massachusetts is a no-fault state, which means that a victim can only step outside of the no-fault system when exceptional circumstances apply.
The car accident insurance company for any injured party pays up to $8,000 in damages under a system known as First Party Benefits. This means that the pedestrian contacts their own insurance company first rather than the other party’s carrier. However, in pedestrian accident cases, the injuries are often critical enough that the victim exceeds the cap for damages paid out through First Party Benefits.
Damages for pain and suffering are paid out through a third-party claim. These claims are intended to assist a victim with non-financial losses and also include the death of a loved one, disfigurement, scarring, pain and suffering, and wage losses of more than three years. The third-party legal claim is filed directly against the driver who was at fault for the accident.
Given the statutes outlining the rights of a pedestrian accident victim, filing a lawsuit in a timely manner is the only way to recover compensation. Fair compensation for you or your loved ones could be obtained when hiring a dedicated attorney.
A Revere pedestrian accident lawyer is familiar with the law surrounding negligence and fault in Massachusetts and how to prepare for trial if settlement outside of court is not possible. Schedule a consultation today to get started on building a claim today.