Massachusetts Pedestrian Accident Lawyer Serving Brockton and Southeastern MA
If you or a loved one was struck by a vehicle while walking in Massachusetts, you are facing injuries far more severe than the driver who hit you — and an insurance company eager to blame you for being in the road. At Shea Culgin Law, attorneys Robert Shea and Joseph Culgin bring more than 40 years of combined experience fighting for injured pedestrians across Brockton, Plymouth County, and all of southeastern Massachusetts. We handle every pedestrian case on a contingency fee basis — you pay nothing unless we recover for you.
Pedestrians have no protection in a collision. The result is that being struck by a vehicle is far more likely to be fatal than almost any other crash type. Pedestrian deaths have risen sharply across the United States over the past decade, reaching some of the highest levels in 40 years, according to the Governors Highway Safety Association. In Massachusetts, pedestrians consistently account for a significant share of all traffic fatalities each year, with crashes concentrated in the kind of dense, walkable downtowns and busy arterials found throughout Brockton and southeastern Massachusetts, per MassDOT crash data.
Massachusetts law gives pedestrians strong protections — including a mandatory police investigation whenever a pedestrian is hit in a marked crosswalk. Contact Shea Culgin Law today for a free consultation or call our Brockton office at 508-510-5107.
On This Page
- Massachusetts Crosswalk and Right-of-Way Law
- What to Do After a Pedestrian Accident
- Common Causes of Pedestrian Accidents
- Common Pedestrian Accident Injuries
- How You Get Paid: PIP and Beyond
- The “It Was the Pedestrian’s Fault” Defense
- Damages You Can Recover
- Why You Need a Pedestrian Accident Lawyer
- Frequently Asked Questions
Massachusetts Crosswalk and Right-of-Way Law
Massachusetts gives pedestrians substantial protection under MGL Chapter 89, Section 11. Understanding this law is often the foundation of a pedestrian claim.
Drivers Must Yield in Marked Crosswalks
When a pedestrian is crossing in a marked crosswalk at an intersection without a traffic signal (or where the signal is not in operation), drivers must yield the right of way and slow down or stop. The duty applies when the pedestrian is on the driver’s half of the road, or approaching from the opposite half and within 10 feet of the driver’s half.
No Passing a Stopped Vehicle at a Crosswalk
A driver may not pass another vehicle that has stopped at a marked crosswalk to let a pedestrian cross. This “multiple-threat” scenario — where one car stops and another speeds past — causes many of the most serious pedestrian crashes, and the passing driver is plainly in violation.
Mandatory Police Investigation
Critically, MGL Chapter 89, Section 11 requires that whenever a pedestrian is injured by a vehicle in a marked crosswalk, the police must investigate the cause and issue the appropriate civil or criminal citation if a violation occurred. This built-in investigation can produce powerful evidence for your claim.
Pedestrian Duties
Pedestrians also have responsibilities — for example, using crosswalks where available and obeying walk signals. A pedestrian’s own conduct can be raised as comparative negligence, but, as discussed below, it rarely eliminates a driver’s liability.
What to Do After a Pedestrian Accident in Massachusetts
Step 1: Call 911 and Get Emergency Care
Pedestrian injuries are frequently severe. Get emergency medical treatment immediately and make sure police respond and create a report — especially important given the mandatory crosswalk-investigation duty.
Step 2: Get the Driver’s Information
If you are able, obtain the driver’s name, license, plate number, and insurance. If you cannot, ask a bystander to help. In hit-and-run cases, try to capture any detail about the vehicle.
Step 3: Identify Witnesses
Pedestrian cases often turn on whether the pedestrian had the right of way. Independent witnesses are invaluable — get their names and contact information.
Step 4: Photograph Everything
Capture the scene, the crosswalk or intersection, traffic signals and signage, the vehicle, road conditions, and your injuries.
Step 5: Do Not Give a Recorded Statement
The driver’s insurer will try to get you to say you “came out of nowhere.” Do not give a recorded statement or accept fault before consulting a lawyer.
Step 6: Contact a Pedestrian Accident Lawyer
An attorney can secure the mandatory police investigation file, surveillance footage, and witness accounts before they disappear. Shea Culgin Law offers free consultations.
Common Causes of Pedestrian Accidents
- Failure to yield at crosswalks — the most common and most clearly unlawful cause
- Distracted driving — drivers looking at phones do not see pedestrians stepping off the curb
- Drivers turning — left- and right-turning drivers watching for cars, not people in the crosswalk
- Speeding — higher speeds dramatically increase both the likelihood and the lethality of a pedestrian strike
- Impaired driving
- Poor visibility and inadequate lighting, especially in the fall and winter months
- Backing-up accidents in parking lots and driveways
- The “multiple threat” — a driver passing a vehicle stopped to let a pedestrian cross
Common Pedestrian Accident Injuries
Because a pedestrian absorbs the full force of a vehicle, injuries are often catastrophic:
- Traumatic brain injuries — frequently from the secondary impact with the ground
- Spinal cord injuries and paralysis
- Broken bones, especially of the legs, pelvis, and hips
- Internal organ damage and internal bleeding
- Severe lacerations and degloving injuries
- Amputations
- Permanent disability and disfigurement
These injuries commonly require surgery, prolonged rehabilitation, and lasting care, all of which must be fully valued in the claim.
How You Get Paid: PIP and Beyond
A point that surprises many pedestrians: in Massachusetts, you do not need to own a car or have your own auto insurance to receive no-fault benefits after being hit. Personal Injury Protection (PIP) generally follows the vehicle, so the PIP coverage of the vehicle that struck you typically pays your first medical bills and a portion of lost wages — up to the $8,000 PIP limit — regardless of fault.
Beyond PIP, your sources of recovery may include:
- The at-fault driver’s bodily injury liability coverage — for damages beyond PIP, including pain and suffering
- Your own auto policy, if you own a vehicle — including PIP, MedPay, and uninsured/underinsured motorist coverage, which can apply even when you are walking
- A resident relative’s auto policy, in some circumstances
- Uninsured motorist coverage in hit-and-run cases
- Your private health insurance
Layering these coverages correctly — particularly your own UM/UIM coverage in hit-and-run and underinsured-driver cases — is essential to a full recovery, and is something insurers will not do for you.
The “It Was the Pedestrian’s Fault” Defense
Almost every pedestrian case features the same defense: the pedestrian darted out, was not in a crosswalk, was on a phone, or was wearing dark clothing. Do not let this defense discourage you.
Massachusetts follows modified comparative negligence under MGL Chapter 231, Section 85. Even if you were partly at fault, you can still recover as long as you were not more than 50% at fault — your award is simply reduced by your percentage of fault. So a pedestrian found 20% at fault for crossing mid-block still recovers 80% of their damages, provided the driver was more responsible.
Moreover, drivers have a heightened duty to watch for pedestrians and to “exercise due care to avoid colliding with any pedestrian.” Even when a pedestrian was not in a crosswalk, a driver who was speeding, distracted, or impaired can still be found primarily at fault. The insurer’s first offer often assumes far more pedestrian fault than the facts support — which is exactly why having the police investigation, witness statements, and reconstruction on your side matters.
Damages You Can Recover After a Pedestrian Accident
Economic Damages
- Past and future medical expenses, including surgery, rehabilitation, and long-term care
- Lost wages and loss of future earning capacity
- Assistive devices and home modifications for permanent disability
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and permanent disability
- Loss of consortium
Wrongful Death and Punitive Damages
When a pedestrian is killed, surviving family may pursue a wrongful death claim under MGL Chapter 229, Section 2, including punitive damages where the driver’s conduct was willful, wanton, or reckless.
Why You Need a Pedestrian Accident Lawyer
Pedestrian victims face severe injuries and a reflexive blame-the-victim defense. An experienced lawyer protects your recovery by:
- Obtaining the mandatory crosswalk investigation file and any citations issued
- Securing surveillance footage and locating independent witnesses before they vanish
- Identifying every applicable policy, including the striking vehicle’s PIP and your own UM/UIM coverage
- Rebutting the comparative-fault defense with evidence and reconstruction
- Fully valuing catastrophic injuries and refusing lowball offers
At Shea Culgin Law, we make sure the law’s protections for pedestrians actually work for you. We serve injured pedestrians throughout Brockton, Plymouth County, and southeastern Massachusetts.
Frequently Asked Questions About Pedestrian Accidents in Massachusetts
Do I need my own car insurance to get benefits if I was hit while walking?
No. In Massachusetts, Personal Injury Protection (PIP) generally follows the vehicle, so the PIP coverage of the vehicle that struck you typically pays your first medical bills and a portion of lost wages — up to the $8,000 limit — regardless of fault, even if you do not own a car. If you own a vehicle, your own policy’s PIP, MedPay, and uninsured/underinsured motorist coverage may also apply.
What does Massachusetts crosswalk law require of drivers?
Under MGL Chapter 89, Section 11, drivers must yield to pedestrians crossing in a marked crosswalk at an intersection without an operating signal, when the pedestrian is on the driver’s half of the road or within 10 feet of it, and may not pass a vehicle stopped at a crosswalk to let a pedestrian cross. When a pedestrian is injured in a marked crosswalk, police are required to investigate and issue any appropriate citation.
The driver says I wasn’t in a crosswalk. Can I still recover?
Often, yes. Massachusetts follows modified comparative negligence under MGL Chapter 231, Section 85, so you can recover as long as you were not more than 50% at fault, with your award reduced by your share. Drivers must exercise due care to avoid hitting any pedestrian, so a speeding, distracted, or impaired driver can be primarily at fault even when the pedestrian was not in a crosswalk.
What if the driver who hit me fled the scene?
You may still recover. If you own a vehicle, your own uninsured motorist (UM) coverage can apply to a hit-and-run, and a resident relative’s policy may also be available. Report the incident to police promptly and preserve any detail about the vehicle. An attorney can also pursue surveillance footage and witnesses to help identify the driver.
How long do I have to file a pedestrian accident claim in Massachusetts?
You generally have three years from the date of the crash to file a personal injury lawsuit, under MGL Chapter 260, Section 2A. If the crash caused a death, the wrongful death statute of limitations is three years from the date of death under MGL Chapter 229, Section 2. Evidence such as surveillance footage should be preserved much sooner.
Can I sue for pain and suffering after a pedestrian accident?
Yes, if your case meets Massachusetts’s tort threshold — generally more than $2,000 in reasonable medical expenses or a qualifying serious injury such as fracture, permanent disfigurement, or loss of a body function under MGL Chapter 231, Section 6D. Given the severity of most pedestrian injuries, that threshold is usually met.
What does it cost to hire a pedestrian accident lawyer?
Nothing upfront. Shea Culgin Law handles pedestrian accident cases on a contingency fee basis — our fee is a percentage of what we recover, and if we do not win, you owe no attorney’s fee. The consultation is free.
Hit While Walking? We Make the Law Work for Pedestrians.
Pedestrian injuries are devastating, and the insurance company will try to blame you. The attorneys at Shea Culgin Law have spent over 40 years fighting for injured people in Brockton and across Massachusetts.
- Free consultation — We will review your case at no cost
- No fee unless we win — You pay nothing unless we recover for you
- We know pedestrian law — From the crosswalk statute to PIP and UM coverage
- Local and accessible — Our office is at 1350 Belmont St, Suite 109, Brockton, MA 02301
Contact Shea Culgin Law today for a free case evaluation, or call 508-510-5107. We serve clients throughout Brockton, Plymouth County, and southeastern Massachusetts.
