When a pedestrian is hit by a vehicle, life can turn upside down in an instant. With serious injuries, you may face mounting medical bills, time off work, and the physical and emotional challenges of recovery.
After an accident, the last thing you want is confusion about your rights or options for support. In Massachusetts, there are specific types of insurance coverage for injured pedestrians that can help with costs like medical expenses and lost income. Yet, knowing which claims apply and understanding the full scope of compensation can feel overwhelming.
This is where having the right guidance matters, and our goal is for this article to help guide your decisions and next steps. In this guide, we’ll cover the basics—from what coverage you can rely on to the claims process—so you feel prepared and confident in moving forward.
How Do Pedestrian Accident Claims Work in Massachusetts?
When you’re involved in a pedestrian accident, understanding your options can make all the difference. Knowing what qualifies as a pedestrian accident claim and how to file one are essential first steps.
In Massachusetts, these claims can help injured pedestrians cover medical expenses, recover lost wages, and ease the stress of recovery.
Let’s look at the basics so you know where to start.
What Qualifies as a Pedestrian Accident Claim?
Pedestrian accidents come in many forms. Whether you were hit while crossing the street, standing on a sidewalk, or walking through a parking lot, certain scenarios typically qualify for a pedestrian accident claim. These claims cover various accident types, such as:
- Crosswalk incidents where pedestrians are struck
- Accidents in parking lots or driveways involving vehicles
- Sidewalk accidents caused by reckless or distracted drivers
In any of these situations, you may be eligible for compensation. While you are free to drive your case yourself, an experienced personal injury lawyer can clarify your options and build a stronger case, making each step of the process easier for you and helping secure a better outcome.
Filing a Claim as an Injured Pedestrian
To file a claim is often the first official step after an accident. The process in Massachusetts involves few key steps to follow.
Gather Key Documents: Start by collecting important records. This includes medical reports, bills, and any eyewitness statements. These details help strengthen your pedestrian injury compensation claim.
Meet Deadlines: Starting the claims process early keeps everything on track and helps you access the insurance coverage for injured pedestrians that Massachusetts provides.
Generally, you have three years from the accident date to file a personal injury lawsuit. Waiting too long could mean losing your right to seek compensation.
Additionally, it’s wise to notify the at-fault driver’s insurance company within 30 days of the accident and submit your Personal Injury Protection (PIP) application to your insurer promptly, typically within 30 days as well. Starting the process early can keep everything on track.
Once you’ve submitted your claim, the insurance company will review it. Their adjusters assess your case to decide on compensation. Here, your personal injury lawyer can make a real difference. They’ll advocate for you, handle insurance conversations, and protect your rights, giving you peace of mind as you recover.
Types of Insurance Coverage for Injured Pedestrians
When it comes to insurance coverage for injured pedestrians in Massachusetts, the law provides some important protections.
Each type of coverage is there to help you handle medical bills, lost income, and unexpected expenses after an accident. But understanding these coverages can be tricky when you’re already dealing with recovery. Here’s what you need to know:
Personal Injury Protection (PIP) Coverage
Massachusetts uses a no-fault insurance system. This means that after an accident, your own insurance may cover some costs, no matter who was at fault. Personal Injury Protection (PIP) is a major part of this system, offering up to $8,000 per person, per accident. It can cover:
Medical Expenses: Any treatments or hospital visits linked to the accident.
Lost Wages: A portion of your income if you can’t work because of your injuries.
Replacement Services: Help with everyday tasks you can’t do, like chores.
If you have health insurance, PIP usually covers the first $2,000 of medical bills, and then your health insurance takes over. Even if you don’t have auto insurance, PIP from the driver’s policy can still apply to you as a pedestrian.
Your personal injury lawyer can help you sort through the details and get the full benefit of PIP. They can also make sure nothing important slips through the cracks, which can be a big relief.
Medical Payments (MedPay) Coverage
MedPay coverage, while optional, can be a great backup for injured pedestrians. Unlike PIP, MedPay doesn’t follow no-fault rules and can help when PIP limits run out. It can cover:
- Extra Medical Bills: Any costs that PIP doesn’t fully address.
- Co-Pays and Deductibles: Filling in gaps where health insurance might fall short.
Although MedPay isn’t required, it’s often a smart option if you’re facing high medical expenses. A good lawyer can help you understand how MedPay fits into your case and make sure you’re getting all the benefits you can. Having someone knowledgeable on your side can help keep costs down, so you can focus on recovery instead of worrying about bills.
Uninsured and Underinsured Motorist (UM/UIM) Coverage
If the driver who hit you doesn’t have enough insurance, Uninsured and Underinsured Motorist (UM/UIM) coverage can be essential. This type of coverage protects you when the responsible driver’s insurance isn’t enough, helping with:
- Medical Expenses and Lost Wages: Covering costs that the driver’s insurance won’t pay for.
- Other Damages: Sometimes, policies cover extra expenses tied to recovery.
Filing a UM/UIM claim on your own can be complicated, especially if you’re already dealing with injuries and multiple policies. This is another aspect where your personal injury lawyer can step in and make a difference. They’ll handle the details, help you understand your pedestrian accident legal rights in Massachusetts, and work to get you the support you need.
Pedestrian Accident Liability in Massachusetts
When you’re involved in a pedestrian vs. motor vehicle accident, understanding who’s responsible can make a big difference in what you might receive in compensation. In Massachusetts, the insurance coverage law for injured pedestrians looks at the actions of both the driver and the pedestrian to determine fault. This assessment impacts who covers the damages.
How to Determine Fault in Pedestrian Accidents
In Massachusetts, finding out who’s at fault involves a close look at what both the driver and pedestrian were doing at the time of the accident. Key factors include:
- Driver and Pedestrian Actions: Investigators consider if the driver was speeding, distracted, or under the influence. For pedestrians, they check if you were in a crosswalk, following traffic signals, or paying attention to your surroundings. Each action matters and can shift responsibility.
- Role of Police Reports, Witnesses, and Evidence: Police reports often capture important details and include initial assessments of fault. Witnesses and any available surveillance footage can also add clarity. These pieces of evidence are essential in building a clear picture of what happened.
Figuring out fault isn’t always straightforward. Your personal injury lawyer can help gather this evidence and present it effectively, giving you a stronger case. We typically advise our clients to talk to their lawyer first before giving statements to the police or insurance companies, to protect their rights in full.
Massachusetts Comparative Negligence Rule
Massachusetts has a modified comparative negligence rule. This rule means that even if you share some responsibility for the accident, you may still be eligible for compensation, as long as you’re not more than 50% at fault. Here’s how it works:
- How Partial Fault Affects Compensation: If you’re found 20% at fault, your compensation will be reduced by that percentage. For example, if you’re awarded $10,000, you’d receive $8,000 after the reduction.
- Examples: If a pedestrian was jaywalking while the driver was speeding, both parties could share responsibility. The court might assign percentages based on each person’s actions, adjusting the compensation to reflect this.
With a personal injury attorney, you can work to minimize any fault assigned to you, making sure you receive fair compensation. This helps you avoid unfair blame, letting you focus on recovery without added stress.
Final Thoughts: Choose the Right Path for Your Insurance Claim
After a pedestrian accident, you might feel lost. Medical bills start piling up, work is on hold, and life suddenly feels heavy. It’s a lot for anyone. In Mass insurance, insurance coverage for injured pedestrians exists to help, but knowing how to access it can be confusing.
You deserve clear guidance and support that makes this process easier. An experienced personal injury lawyer can explain your options and ensure you access the resources available to you, lifting some of the burden so you can focus on recovery.
Having a skilled lawyer on your side means you get the support you need to assess your case and choose the best path forward for your unique situation, giving you peace of mind. It’s important to note that personal injury lawyers at our firm work on a contingency basis, meaning we only get paid if we win your case and you receive compensation.
Our dedicated and experienced injury lawyers are ready to help you get clarity on your situation and explain how to build a winning case. So your first step should be to book a free consultation with us where you’ll get answers and a road map to secure the compensation you deserve. Reach out to us now. We’re here to help.