Massachusetts is one of the most walkable states in the country, but that also puts pedestrians in constant contact with traffic. When a driver fails to yield at a crosswalk or strikes someone crossing the street, the pedestrian — with no protection — almost always suffers serious harm.
Massachusetts Crosswalk and Pedestrian Law
Massachusetts law gives pedestrians the right of way in marked crosswalks. Under M.G.L. c. 89, § 11, drivers must yield to pedestrians in a crosswalk when they are on the driver's half of the road or approaching closely from the opposite side. Drivers who fail to yield, who pass a vehicle stopped at a crosswalk, or who speed through urban areas are frequently at fault for pedestrian crashes.
Boston, Cambridge, Somerville, Worcester, and Springfield see heavy foot traffic mixed with congested driving, and downtown areas, transit stops, and university districts are especially dangerous. Distracted and impaired driving make these collisions even more common.
How No-Fault Insurance Applies to Pedestrians
Even though you were on foot, Massachusetts' no-fault system can still help. If you are struck by a vehicle, the driver's Personal Injury Protection (PIP) coverage generally pays your initial medical bills and a portion of lost wages, up to 8,000 dollars, regardless of fault. When your injuries meet the statutory threshold, you can pursue the at-fault driver for full compensation, including pain and suffering.
The Serious Injuries Pedestrians Suffer
Because there is nothing between a pedestrian and a moving vehicle, these crashes commonly cause traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries, and permanent disability or death. The medical costs and lifelong consequences can be enormous, which is why full and fair compensation is so important.
Protecting Your Pedestrian Injury Claim
Seek medical care immediately and keep all records. If you can, photograph the scene, the crosswalk, and any traffic signals, and get the names of witnesses. The driver's insurer may try to argue you stepped out unexpectedly or were not in a crosswalk — an attorney can gather video, signal-timing data, and witness accounts to establish the truth. Massachusetts generally allows three years to file a lawsuit.
Frequently Asked Questions
In Massachusetts, the driver's PIP coverage generally pays your initial medical bills and lost wages regardless of fault. When your injuries meet the legal threshold, you can pursue the at-fault driver for full compensation.
You may still have a claim. Drivers have a duty to avoid pedestrians even outside crosswalks. Comparative negligence may apply, but as long as you were not more than 50 percent at fault you can recover compensation.
Generally three years from the date of the incident under Massachusetts law.
No. Our network attorneys work on contingency — you pay nothing unless they recover compensation for you.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.