Over the past five years, approximately 70 people died annually in Massachusetts pedestrian accidents, according to the state’s Executive Office of Public Safety and Security. On average, more pedestrian accidents occur during evening hours and rush hours when drivers are in a hurry. Sadly, driving in a hurry without paying attention to pedestrians carries potentially fatal consequences. By failing to notice pedestrians or stop at a crosswalk, drivers may place pedestrians at risk of severe injury or death.
Recently, as a local news article reported, a mother and her two young daughters suffered injuries after a pedestrian accident in Peabody, Massachusetts. According to a witness, the driver of an SUV attempted to pass a bus on the righthand side. As the SUV approached a busy intersection, it struck the family as they were crossing the street. The SUV also knocked down a street sign near the sidewalk. After the children suffered serious injuries, the family was taken to the hospital. Police held the SUV driver in custody for operating a motor vehicle with a suspended license.
Who Has the Right of Way at Massachusetts Pedestrian Crosswalks?
In Massachusetts, drivers must yield the right of way to pedestrians in the absence of traffic control signs. The state prohibits drivers from passing another vehicle that has stopped at a marked crosswalk to allow a pedestrian to cross. When approaching a crosswalk, drivers must leave enough distance from the crosswalk to fit their entire vehicle, as opposed to blocking any part of the crosswalk. When a driver does not follow these steps and injures a pedestrian, Massachusetts law mandates that state or local police investigate the cause of the injury and any violations of Massachusetts traffic laws. If violating the law results in harm to a pedestrian, a driver may face criminal charges.
How Can Massachusetts Accident Victims Seek Redress for Their Injuries?
In addition to criminal penalties, Massachusetts drivers may be involved in personal injury lawsuits seeking monetary damages. Injured plaintiffs may pursue a claim for negligence, the failure to use reasonable care. For an injured pedestrian to succeed on a negligence claim in Massachusetts, she must show that the driver owed her a duty to use reasonable care and breached that duty. For example, a driver may breach a duty to use reasonable care by failing to stop for pedestrians at a crosswalk or driving into a sidewalk. The plaintiff must also prove he suffered damages and that the driver’s breach of duty caused these damages.
Have You Been Injured in a Massachusetts Pedestrian Accident?
After suffering from a pedestrian accident, you may feel overwhelmed or unsure about your path forward. If you or a loved one has suffered injuries in a Massachusetts pedestrian accident, contact the attorneys at Neumann Law Group for assistance. Our experienced Massachusetts car accident attorneys handle personal injury lawsuits, such as car accident claims, and have recovered significant damages awards for our clients. Our attorneys possess the skills and dedication to fight for the compensation you deserve. To schedule a free initial consultation with Neumann Law Group, call 800-525-6386.