When people think about pedestrian accidents, they usually assume the driver is automatically at fault. In many situations, that is true. Drivers have a responsibility to stay alert, follow traffic laws, and watch for people crossing streets or walking near traffic. However, there are situations where a pedestrian’s actions may also contribute to an accident.
That does not necessarily mean the pedestrian loses the right to seek compensation. Massachusetts follows a comparative negligence system, which means fault can sometimes be shared between multiple parties. If you were injured in a crash, speaking with a pedestrian accident attorney in New Bedford can help you understand how fault may affect your case.
What Is Comparative Negligence in Massachusetts?
Massachusetts uses what is known as modified comparative negligence.
This means an injured person can still recover compensation even if they were partially responsible for the accident, as long as they were not more than 50% at fault. However, the compensation they receive may be reduced based on their percentage of fault.
For example, if a pedestrian is awarded $100,000 but is found to be 20% responsible for the accident, their compensation would be reduced to $80,000.
Insurance companies pay close attention to these details because reducing fault often means reducing how much they have to pay.
Jaywalking and Pedestrian Accidents
Jaywalking is one of the most common issues that comes up in pedestrian accident cases.
If a pedestrian crosses outside a marked crosswalk or crosses in an unsafe area, the driver’s insurance company may argue that the pedestrian contributed to the crash. That does not automatically mean the driver is free from responsibility, though.
Drivers are still expected to pay attention to the road and try to avoid hitting pedestrians whenever possible. A driver who was speeding, distracted, or driving recklessly may still be considered mostly at fault even if the pedestrian crossed improperly.
Every situation depends on the specific facts of the accident.
Crossing Against Traffic Signals
Pedestrians sometimes cross against traffic lights or “Do Not Walk” signals, especially in busy areas where people are in a hurry. Unfortunately, this can increase the risk of serious accidents.
If someone enters the roadway when traffic has the right of way, insurance companies may try to argue that the pedestrian acted negligently. Still, drivers cannot simply ignore someone in the road because they crossed improperly.
For example, if a driver saw the pedestrian but failed to slow down or was looking at their phone instead of paying attention, fault may still fall heavily on the driver.
A pedestrian accident attorney in New Bedford can investigate the accident and determine how these factors may affect a claim.
Distracted Walking Is Becoming More Common
Distracted driving gets a lot of attention, but distracted walking has also become a growing problem.
People walking while texting, scrolling through phones, wearing noise-canceling headphones, or looking down at GPS directions may not notice approaching vehicles or changing traffic signals.
That does not excuse careless driving, but distracted walking can sometimes become part of the discussion in a pedestrian injury case.
Insurance companies may try to use this argument to reduce payouts, especially if they believe the pedestrian failed to pay attention to their surroundings.
Drivers Still Have a Duty to Be Careful
Even when a pedestrian makes a mistake, drivers still have legal responsibilities.
Drivers are expected to:
- Stay alert
- Follow speed limits
- Yield where required
- Watch for pedestrians near intersections and crosswalks
- Drive cautiously in residential areas, school zones, and parking lots
A driver who was speeding, distracted, impaired, or ignoring traffic laws may still be found largely responsible for the accident.
This is why fault is rarely as simple as people assume.
Evidence Matters in Pedestrian Accident Cases
Pedestrian accident claims often depend heavily on evidence.
Important evidence may include:
- Traffic camera footage
- Surveillance video from nearby businesses
- Witness statements
- Police reports
- Phone records
- Vehicle damage
- Skid marks or accident reconstruction evidence
These details can help determine exactly what happened and whether fault should be shared.
A New Bedford pedestrian accident lawyer can help gather and preserve evidence before it disappears.
Insurance Companies Often Try to Shift Blame
One thing many injured pedestrians quickly discover is that insurance companies often try to place as much blame as possible on the victim.
They may argue:
- The pedestrian crossed improperly
- The pedestrian was distracted
- The pedestrian entered traffic suddenly
- The driver could not avoid the collision
This is one reason why many injured people choose to speak with a pedestrian accident attorney in New Bedford before accepting settlement offers or giving detailed statements to insurers.
What you say early in the process can sometimes affect your claim later.
Pedestrian Injuries Are Often Severe
Unlike drivers, pedestrians have almost no protection during a collision.
Even accidents at lower speeds can cause serious injuries such as:
- Broken bones
- Head injuries
- Traumatic brain injuries
- Spinal injuries
- Internal bleeding
- Long-term mobility problems
Recovery can involve surgeries, physical therapy, lost income, and ongoing medical treatment.
That is why understanding your legal rights after a pedestrian accident is important.
Final Thoughts
Pedestrians can sometimes share partial responsibility for an accident, but that does not automatically prevent them from recovering compensation. Massachusetts law allows injured pedestrians to pursue damages in many situations, even when they may have made mistakes themselves.
Every accident is different, and determining fault often requires a close review of the evidence and circumstances surrounding the crash.
If you were injured in a pedestrian accident, speaking with a New Bedford pedestrian accident lawyer can help you better understand your rights and what options may be available to you.
