It is very hard to imagine how tragic and life-changing an accident can be when a pedestrian is hit by a car coming out of nowhere. It’s a moment that turns your world upside down. The pain, fear, and sudden chaos can leave you overwhelmed—especially when medical bills start piling up and you’re unable to work.
In Massachusetts, pedestrian accidents like these happen more often than you’d think. Since 2009, fatalities in pedestrian accidents have risen nationally to 7,522 in 2022; in Massachusetts, there were 101 pedestrian accident fatalities that same year. Overall, in 2023, there were 1,660 pedestrians hit by a car in Massachusetts in 2023, with 69 (4.2%) being fatal*.
While no two cases are the same, understanding what kind of pedestrian accident settlement you might receive can help you plan your next steps.
Pedestrian accidents can quickly get complex and involve dealing with multiple layers of insurance companies to maximize the compensation you can be entitled to, so you can get your life back on track in the best way possible. An experienced pedestrian accident lawyer can step in to shoulder the burden when things start to feel overwhelming. They’ll handle the legal side, deal with the insurance companies, and fight for what you’re truly owed.
In this article, we’ll walk you through what pedestrian accident settlements look like in Massachusetts, what affects the final amount, and how the right legal support can help you move forward.
How Much Is the Average Pedestrian Accident Settlement in Massachusetts?
In Massachusetts, there isn’t a fixed average pedestrian accident settlement because each case is unique. However, recent national data found that payouts for pedestrians hit by cars averaged about $67,500, with a median around $30,000, measured between 2021 and 2024. But localized Massachusetts data gives a clearer picture.
For minor pedestrian injuries like whiplash or small fractures, settlements in Massachusetts typically fall between $15,000 and $100,000. These are cases where recovery is straightforward and medical bills are limited.
When injuries are more serious, such as broken bones, hospital stays, or brain trauma, Massachusetts claims often settle between $100,000 and $900,000. That upper level reflects long recovery, ongoing care, or lasting disability.
If injuries are catastrophic, like spinal cord damage, traumatic brain injury, paralysis, settlements can reach into the mid-six-figures or even over a million dollars, especially when negligence is clear and insurance coverage is adequate.
Here’s a general idea of what settlements can look like in Massachusetts:
- Minor injuries: $15,000–$100,000
- Moderate to severe injuries: $100,000–$900,000
- Catastrophic injuries: $250,000 to $1,000,000+
These ranges show the settlement for pedestrian hit by car cases in Massachusetts, but remember, the exact amount depends on what injuries were suffered and how strong your case is.
Having a pedestrian accident lawyer to build a winning case and fight for your rights is crucial. They know how to calculate what your claim is truly worth and won’t let the insurance companies settle for less than you deserve.
What Factors Affect Your Pedestrian Accident Settlement in Massachusetts?
After the accident, you’re left with more than just physical pain. There’s stress. Bills. Worries about work. And the big question—will this settlement be enough?
If you were a pedestrian hit by a car, your payout depends on more than just the injury. Every pedestrian injury claim is shaped by details that are personal and specific to your case, and the payout is shaped by how well your lawyer can argue your case.
In Massachusetts, these are the key things that affect your pedestrian accident settlement.
The Severity of Your Injuries
The more serious your injuries, the higher your pedestrian injury claim could be. A few cuts and bruises may lead to a smaller payout. But if you’re facing surgery, broken bones, or long-term damage like a brain injury, your settlement for being hit by a car should reflect that pain and hardship.
Medical Bills and Treatment Costs
Your medical expenses speak volumes. From emergency care to physical therapy, everything adds up. The insurance company looks at these numbers closely when calculating your pedestrian accident settlement.
But it’s not just about what you’ve already paid. A good personal injury lawyer will also fight to include future care because healing doesn’t stop when the bills do.
Pain, Suffering, and Emotional Impact
Some wounds don’t show up on X-rays. The fear you feel at crosswalks now. The sleep you lose at night. The anxiety that hits every time a car comes too close.
These things matter. And while they’re harder to measure, they’re a key part of an average pedestrian accident settlement, especially when your quality of life has been shaken.
Who Was at Fault in the Accident
Massachusetts follows a “modified comparative negligence” rule. This means if you were less than 50% at fault, you can still recover damages. But if you’re blamed for most of the accident, you may get nothing.
This is where having an experienced personal injury lawyer really matters. Insurance companies love to shift blame. A pedestrian accident attorney will protect your story and make sure fault is fairly proven.
The Insurance Coverage Involved
Even if your case is strong, your final settlement for a pedestrian hit by a car depends on what insurance is available. If the driver only has minimum coverage, or none at all, your lawyer may help you tap into your own underinsured or uninsured motorist policy.
You might not even know those options exist, but your lawyer will.
Lost Wages and Impact on Your Job
Missing work can leave you financially stressed. Maybe you’re using sick days just to go to therapy. Maybe you’ve had to quit altogether. Your pedestrian injury claim should include every paycheck you lost—and any future income you may not be able to earn.
A pedestrian accident lawyer looks at all these factors and makes sure nothing is left out. They’ll deal with the insurance company while you focus on healing. And more often than not, they’ll help you get a far better pedestrian accident settlement than you could get on your own.
Step-by-Step Pedestrian Injury Settlement Process in Massachusetts
After getting hit by a car, many people ask the same thing ”How do I even start a pedestrian injury claim?” The process can feel confusing, especially when you’re already dealing with pain, stress, and bills.
Here’s what you need to know about how a pedestrian accident settlement usually works in Massachusetts.
Step 1 – Get Medical Treatment and Report the Accident
Your health comes first. Always see a doctor, even if the injuries seem minor. Some symptoms take time to appear. A medical record also proves your injury is real—this is important for your claim.
Report the accident to the police. The crash report is one of the first things insurers will look at.
Step 2 – File a Claim With Insurance
In Massachusetts, your own auto insurance (if you have it) may provide Personal Injury Protection (PIP) benefits. If not, the driver’s insurer will step in. These benefits help cover early medical bills and lost wages, but they may not be enough, especially in serious cases.
To recover more, you’ll likely need to file a claim against the at-fault driver.
Step 3 – Prove Fault and Gather Evidence
To get a fair settlement as a pedestrian hit by a car, you need to show who caused the accident and how it affected your life. This means gathering:
- Photos of the scene
- Medical records
- Witness statements
- Proof of missed work
This is where a pedestrian accident lawyer can make a big difference. They handle the hard part; investigating the accident, organizing the paperwork, and building your case while you focus on healing.
Step 4 – Negotiation With the Insurance Company
The insurance company will review your claim and make an offer. But their first offer is often low. It might not cover everything you’ve lost; especially pain and suffering.
A lawyer will step in to push for a better deal. They know what a fair average pedestrian accident settlement looks like and won’t let you settle for less.
Step 5 – Settlement or Lawsuit
Most pedestrian injury claims settle out of court. But if the insurance company refuses to be fair, your lawyer might suggest filing a lawsuit.
Going to court takes time, but sometimes it’s the only way to get full justice. A strong legal team will guide you every step of the way and explain your options clearly.
What Are Your Rights as a Pedestrian Hit by a Car in Massachusetts?
If you’ve been hit by a car while walking, you have legal rights—even if you’re still unsure what to do next. Knowing those rights can help you feel more confident as you begin your pedestrian injury claim.
In Massachusetts, the law offers important protections. But most people don’t realize what they’re entitled to until it’s too late.
You Have the Right to Medical Coverage
Massachusetts follows a no-fault insurance system. This means if you’re a pedestrian hit by a car, Personal Injury Protection (PIP) benefits may help cover your medical bills and some lost wages; no matter who was at fault. These benefits usually come from your own auto insurance policy. If you don’t have one, you can file a PIP claim through the driver’s insurance.
PIP is helpful, but it has limits. It only covers up to a certain amount and won’t pay for pain, suffering, or long-term treatment. That’s why many injured pedestrians need to go beyond PIP and file a pedestrian injury claim against the at-fault driver. This is the only way to seek full compensation for everything you’ve lost; physically, emotionally, and financially.
A pedestrian accident lawyer can help you figure out which path fits your case and make sure you don’t miss out on support you’re legally entitled to.
You Have the Right to File a Claim Against the Driver
If your injuries are serious or your bills go beyond PIP limits, you have the right to seek compensation from the at-fault driver’s insurance company. This is where your settlement as a pedestrian hit by a car can grow to reflect the full impact of the accident—physically, emotionally, and financially.
Again, a lawyer can make sure your rights are protected through this process. Without one, you might accept a settlement that’s far too low.
You Have the Right to Be Compensated for Pain and Suffering
Injuries go beyond broken bones and hospital stays. You may feel anxious, depressed, or afraid to walk near traffic again. Massachusetts law allows you to claim money for this emotional toll.
A fair pedestrian accident settlement should include both your economic losses and your pain and suffering. A good attorney will fight to include both.
You Have the Right to Legal Help
You’re not required to hire a lawyer—but in most cases, it’s one of the smartest decisions you can make to maximize your chances of an optimal settlement. A pedestrian accident lawyer understands Massachusetts law, insurance rules, and how to build a case that truly reflects what you’ve lost.
They don’t just handle paperwork—they protect your rights, speak for you when you can’t, and make sure your voice is heard.
How a Pedestrian Accident Lawyer in Massachusetts Can Help You
Getting fair compensation after being hit by a car isn’t always straightforward. Insurance companies often push back, delay, or offer less than what your case is truly worth. That’s where a skilled pedestrian accident lawyer comes in—to handle the process and protect your rights.
Here’s how they help:
They gather evidence like police reports, witness statements, video footage, and photos to build a strong case.
- Handle all communication and paperwork: From dealing with insurance companies to coordinating with doctors and employers, they take care of the details so you don’t have to.
- Calculate the full value of your losses: This includes current and future medical bills, lost wages, emotional distress, and any long-term effects of the injury.
- Negotiate with insurers for a fair settlement: They push back on low offers and fight for compensation that actually reflects what you’ve been through.
- Represent you in court if needed: If the insurance company won’t settle fairly, your lawyer can file a lawsuit and represent you at trial.
- Offer support and guidance throughout: Beyond the legal work, they give you peace of mind, so you can focus on healing while they focus on your case.
A good lawyer doesn’t just settle your claim. They make sure your voice is heard and your recovery is truly supported financially, medically and morally.
If you’ve been a pedestrian hit by a car in Massachusetts, don’t try to face the insurance company alone. Our pedestrian accident lawyers will handle the legal side and shoulder the burden, so you can focus on healing. We’ll fight for the full compensation you deserve, every step of the way.
Contact us today for a free consultation. There are no upfront fees, and you won’t owe us anything unless we win your case. Let’s talk about how we can help you move forward.
Sources:
*https://storymaps.arcgis.com/stories/09243820eea94460b3b5f22b1c14e344