Pedestrian Accidents

Legal Representation for Massachusetts Pedestrian Accidents

Pedestrian accidents can result in severe and catastrophic injuries and even death. According to a March 8, 2016 report in the Boston Globe, the number of pedestrians killed in traffic-related crashes in 2015 jumped an estimated 10 percent, making it the largest yearly increase since records began being kept in 1975.

The data compiled in the annual study from the Governors Highway Safety Association shows that between January and June 2015, approximately 2,368 people were killed while traveling on foot.

According to the report, pedestrian deaths now account for approximately 15 percent of all motor vehicle accident-related deaths.

The CDC reports that the number of pedestrian accidents nationwide averages to one pedestrian death every 2 hours, and a pedestrian injury every 8 minutes.

Factors contributing this alarming increase in pedestrian deaths include:

  • Increases in the number of people traveling by foot or bicycle
  • The growing use of smart phones and cell phones
  • Growing use of texting, snap chat and other apps while driving
  • Increase in number of vehicles on the road

In Massachusetts alone, there were 34 pedestrian deaths reported in the first six months of 2015, which was up from 27 deaths for the same period the previous year.

The Massachusetts personal injury law firm of Curran & Desharnais, P.C. specializes in representing victims who have been hit by cars, trucks and other vehicles and knows the steps to take to ensure that pedestrian victims receive the maximum compensation that they are entitled to for their injuries and losses.

As with any injury case, it is important to investigate the facts surrounding the accident so that important evidence can be gathered and preserved. The pedestrian accident attorneys at Curran & Desharnais have successfully proven liability in many cases by promptly securing available video footage of accidents, obtaining written statements from vital witnesses and gathering information from local police.

In cases where serious injuries or death has occurred, retaining outside consultants including, 3D animators and Accident Reconstruction experts can be vital to accurately demonstrating how the accident occurred and can be an extremely useful tool in establishing liability at trial or during settlement negotiations.

Because of the violent nature of most pedestrian or hit and run accidents, injuries are often severe and can include head injuries, spinal injuries, broken or fractures bones, and severe internal injuries such as lacerated organs requiring extensive medical treatment and rehabilitative care.

A pedestrian has a right to recover damages for injuries or losses suffered if it can be shown that the driver was negligent in causing the collision. Negligence is the failure to do something (or not do something) that a reasonable person in similar circumstances would have done. To prove negligence, the injured party must show that the driver:

  1. Owed a legal duty to them. In Massachusetts, all drivers have duty to maintain control of their vehicle at all times and watch for pedestrians even if they are not in a cross walk;
  2. Failed to fulfill (i.e., breached) that duty by their actions (for example, texting while driving), or inaction (for example, failing to have headlights on);
  3. Caused the accident; and
  4. Injured or harmed the pedestrian.

At Curran & Desharnais, we make sure every client is kept informed and aware of the progress of their case. We can be reached seven days a week by phone or email and welcome questions about the strategy or direction of your case.

If you or a loved one have been injured as a result of a hit and run or pedestrian accident in Massachusetts , call the law pedestrian accident lawyers at Curran & Desharnais, P.C. at 781-277-3262 to discuss your case and to set up a free consultation.