A brief moment of distraction behind the wheel can lead to a serious accident, especially when pedestrians are involved. While there are instances where a driver may not be held liable for a pedestrian accident, more often than not, the driver is responsible for any injuries the pedestrian sustains. If you have been injured in a pedestrian accident, it is crucial to consult a Worcester pedestrian accident lawyer who can help you file a claim against the negligent driver.
The Impact of Pedestrian Accidents
Accidents involving pedestrians are often traumatic, leading to both physical and psychological injuries. Understanding when you can file a claim for a bicycle or pedestrian accident against a negligent driver is vital in seeking the compensation you deserve.
Common Injuries in Pedestrian Accidents
The size difference between a vehicle and a pedestrian is significant, which is why accidents involving pedestrians often result in severe injuries. Some of the most common injuries include:
- Fatalities
- Emotional trauma
- Soft tissue injuries
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
These injuries can have life-altering consequences, leading to daily challenges and ongoing medical expenses. Therefore, it’s essential to determine if the responsible party can be held accountable for your accident.
Holding a Driver Liable for a Pedestrian Accident
Many pedestrian accidents in Worcester occur because drivers fail to obey traffic laws. Massachusetts has strict right-of-way laws, with signs clearly indicating who has the right of way at intersections and crosswalks. Both drivers and pedestrians must heed these signs to prevent accidents. However, distracted driving remains a significant issue, making it important to be aware of common causes of pedestrian accidents in Worcester.
Common Causes of Pedestrian Accidents in Worcester
Speeding
Speeding is a leading cause of pedestrian accidents, making it difficult for drivers to stop in time to avoid a collision. In 2019, speeding was responsible for approximately 9,500 fatalities nationwide. Whether due to being in a hurry, running late or sheer negligence, speeding drivers pose a significant risk to pedestrians in Worcester.
Distracted Driving
Distractions such as texting, eating, adjusting the radio, or taking phone calls can divert a driver’s attention from the road, leading to catastrophic consequences. Even a momentary lapse in attention can result in a driver failing to see a pedestrian crossing the street.
Failure to Yield
In Massachusetts, drivers are legally required to yield to pedestrians who are lawfully crossing the street. The law mandates that if a pedestrian is in a crosswalk, vehicles on that half of the road must stop to allow the pedestrian to cross. Additionally, drivers must stop if a pedestrian is within 10 feet of their half of the road and are prohibited from overtaking vehicles that are stopped for pedestrians. Violating these rules can result in fines of up to $200.
Pedestrian Accidents in Parking Lots
Parking lots can be particularly hazardous for pedestrians. With drivers maneuvering to find parking spaces, it’s easy for pedestrians to be caught off guard. Accidents can occur when a driver is rushing to secure a spot or when backing out of a space without checking for pedestrians. Both pedestrians and drivers must remain vigilant to prevent accidents in these confined spaces.
Can a Pedestrian Be at Fault in a Car-Pedestrian Accident in Worcester?
While drivers are often held liable, there are cases where a pedestrian may share some responsibility for an accident. Contributing factors might include jaywalking, crossing against traffic signals, or being under the influence. However, even if a pedestrian is partially at fault, they may still be eligible for compensation under Massachusetts’ comparative negligence laws.
Gathering Evidence for a Claim Against a Drunk Driver
If a drunk driver is involved in your pedestrian accident, gathering evidence is critical to building a strong case. Evidence may include police reports, witness statements, surveillance footage, and medical records. Your Worcester pedestrian accident lawyer can guide you through this process, ensuring that all necessary documentation is collected.
Contact Kevin P Landry Law Offices About Your Pedestrian Accident Claim
If you or a loved one has been involved in a pedestrian accident, our Worcester pedestrian accident lawyers can help you secure the compensation you need for your pain and suffering, lost wages, and medical expenses. We specialize in a variety of personal injury cases and have extensive experience handling pedestrian accident claims. Our dedicated Worcester pedestrian accident lawyer knows how to maximize your potential for compensation. Contact us today at 508-999-0800 to schedule your free initial consultation.
