Jaywalking Laws Massachusetts | Can You Still Sue? (2026)

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Jaywalking Laws Massachusetts: Can You Still Sue After Being Hit?

Every year, dozens of pedestrians are killed and hundreds more are seriously injured on Massachusetts roads. In 2024, 78 pedestrians lost their lives in traffic collisions statewide, an increase of about 13% over the prior year and a trend that runs counter to the national decline. Many of these pedestrians were crossing outside a crosswalk or against a traffic signal at the time they were struck.

If you or a loved one was hit by a car while jaywalking, you may assume that you have no legal options. That assumption is wrong. Massachusetts law allows injured pedestrians to pursue compensation even when they were partially at fault for the collision. The question is not whether you were jaywalking; the question is whether the driver who hit you was also negligent, and how fault is divided between you.

What Is Jaywalking Under Massachusetts Law?

The term “jaywalking” does not appear anywhere in the Massachusetts General Laws. The statute that governs pedestrian behavior is M.G.L. c. 90, Section 18A, which authorizes state and local agencies to adopt pedestrian traffic regulations. These regulations generally require pedestrians to use crosswalks where available, obey traffic signals, and walk on sidewalks when they exist.

The penalties for violating Section 18A are remarkably small: $1 for a first, second, or third offense within a calendar year, and $2 for a fourth or subsequent offense. These amounts have not changed since the law was enacted in 1962. If a person refuses to give their name and address to an officer or provides false information, the fine increases to between $20 and $50. These nominal fines make jaywalking essentially unenforceable in practice. Legislators have filed bills to raise the fines, but no increase has become law.

The National Trend Toward Decriminalization

Several states have moved in the opposite direction by decriminalizing jaywalking altogether. Virginia led the way in 2020, followed by Nevada in 2021 and California in 2023. New York City legalized jaywalking in November 2024. These reforms were driven largely by data showing that jaywalking enforcement disproportionately targeted Black and Latino residents. Massachusetts has not enacted similar legislation, but advocacy groups like WalkMassachusetts have pushed for reforms focused on driver accountability rather than pedestrian penalties.

Why Jaywalking Does Not Bar Your Claim

Jaywalking does not automatically prevent you from recovering compensation. Two separate areas of Massachusetts law protect injured jaywalkers.

Section 18A: Jaywalking Cannot Be Used as Evidence of Negligence

M.G.L. c. 90, Section 18A contains a provision that is critical for personal injury cases: “a violation…shall not, in any civil proceeding, constitute negligence or be admissible as evidence of negligence.” This means that the simple act of crossing outside a crosswalk cannot be introduced in court or used by an insurance company as proof that you were careless.

Section 85: Comparative Negligence Protects Partially At-Fault Pedestrians

Even when other evidence of pedestrian negligence exists beyond the jaywalking violation itself, Massachusetts comparative negligence law under M.G.L. c. 231, Section 85 still allows recovery. Under this modified comparative negligence system, your compensation is reduced by your percentage of fault but not eliminated entirely, unless you are found more than 50% responsible.

Section 85 also provides that “the violation of a criminal statute, ordinance or regulation by a plaintiff which contributed to said injury…shall be considered as evidence of negligence of that plaintiff, but the violation of said statute, ordinance or regulation shall not as a matter of law and for that reason alone, serve to bar a plaintiff from recovery.” This means that even if a court considers pedestrian behavior beyond the jaywalking violation itself, the violation alone cannot defeat the claim.

The defendant, not the plaintiff, bears the burden of proving negligence. You are presumed to have exercised due care unless the other side proves otherwise.

How Comparative Negligence Works in Pedestrian Cases

The modified comparative negligence system determines what an injured pedestrian ultimately receives. Here is how fault allocation typically plays out in jaywalking cases:

Scenario	Pedestrian Fault	Driver Fault	Damages	Recovery
Jaywalking; driver speeding	30%	70%	$200,000	$140,000
Jaywalking; driver texting	20%	80%	$150,000	$120,000
Crossing at night in dark clothing; driver failed to reduce speed	40%	60%	$300,000	$180,000
Darting into traffic suddenly; driver obeying all laws	60%	40%	$100,000	$0 (barred)

Note: These are illustrative examples. Every case is unique, and fault percentages are determined by the specific facts of each case.

The critical threshold is 51%. If a jury or insurance adjuster determines that you were 51% or more at fault, you recover nothing. But at 50% fault or below, you are entitled to compensation reduced by your share of responsibility. Understanding this rule is why fighting back against insurance company tactics that try to inflate your fault percentage is so important.

Driver Duties Toward Pedestrians in Massachusetts

Massachusetts law places significant responsibilities on drivers, even when a pedestrian is crossing outside a crosswalk. These duties are the foundation of most jaywalking injury claims.

Duty to Slow for Pedestrians (M.G.L. c. 90, Section 14)

Massachusetts law provides that “upon approaching a pedestrian who is upon the traveled part of any way and not upon a sidewalk, every person operating a motor vehicle shall slow down.” This duty applies everywhere on the road, not just at crosswalks. Beyond the statute, the common law of negligence requires every driver to use reasonable care, which means a driver who sees, or should see, a pedestrian crossing the street has a legal obligation to take reasonable steps to avoid a collision.

Speed Regulations (M.G.L. c. 90, Section 17)

No driver may operate a vehicle “at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.” Even when driving at or below the posted speed limit, a driver must “decrease the speed of the same when a special hazard exists with respect to pedestrians.” A pedestrian in the road, whether in a crosswalk or not, is a special hazard that requires the driver to slow down.

Crosswalk Requirements (M.G.L. c. 89, Section 11)

When traffic signals are not in operation, drivers must yield the right of way to pedestrians in marked crosswalks. A driver cannot pass a vehicle that has stopped at a crosswalk for a pedestrian, and a driver cannot enter a crosswalk while a pedestrian is still crossing. Violations carry a fine of up to $200. When a pedestrian is injured in a marked crosswalk, police are required by law to investigate and issue appropriate citations.

Why Vehicle Speed Matters So Much in Pedestrian Cases

The speed at which a vehicle strikes a pedestrian is often the difference between a minor injury and a fatality. Data from the AAA Foundation for Traffic Safety and the Insurance Institute for Highway Safety shows a dramatic relationship between impact speed and pedestrian survival:

Impact Speed	Fatality Risk
23 mph	Approximately 10%
32 mph	Approximately 25%
42 mph	Approximately 50%
58 mph	Approximately 90%

At speeds near 20 mph, the overwhelming majority of struck pedestrians survive. By roughly 42 mph the risk of death reaches about 50%, and at 58 mph it approaches 90%. This data is critical in jaywalking cases because a driver traveling at a reasonable speed has more time to see a pedestrian, react, and brake. A driver going 45 mph on a 30 mph street has far less time to stop and causes far more devastating injuries on impact. This is one reason why dangerous intersections and high-speed corridors account for a disproportionate share of pedestrian fatalities. Boston reduced its default speed limit from 30 mph to 25 mph in 2017 as part of its Vision Zero initiative.

Common Injuries When a Pedestrian Is Hit by a Car

Pedestrians have no protection from the force of a vehicle. Unlike vehicle occupants who have airbags, seatbelts, and steel frames, a person on foot absorbs the full impact. This is why pedestrian collisions produce injuries that are often far more severe than those in car-on-car crashes.

Traumatic Brain Injuries

Head injuries are the leading cause of death in pedestrian collisions. Even when the collision is survivable, traumatic brain injuries can cause cognitive impairment, personality changes, memory loss, and seizures. TBI symptoms may not appear for hours or days after the initial impact, which is why immediate medical evaluation is critical. Lifetime care costs for severe TBI can reach millions of dollars.

Lower Extremity Injuries

The legs and pelvis are the most commonly injured body parts in pedestrian collisions because they are closest to the vehicle’s bumper at the point of impact. Fractures of the tibia, fibula, femur, and pelvis are common. Tibial plateau fractures and ligamentous knee injuries frequently require surgery and extended rehabilitation. Some lower extremity injuries result in permanent disability.

Spinal Cord Injuries

Research shows that approximately 8% of pedestrians struck by vehicles suffer spinal injuries. Spinal cord injuries can cause partial or complete paralysis, chronic pain, and respiratory difficulties, often requiring lifelong medical care.

Internal Injuries and Emotional Trauma

Blunt force trauma can damage internal organs including the spleen, liver, kidneys, and lungs. Internal injuries are particularly dangerous because symptoms may not appear for hours. Being struck by a vehicle also frequently causes post-traumatic stress disorder, anxiety, depression, and fear of crossing streets. These psychological injuries are compensable in Massachusetts, and an emotional distress claim can be part of your overall case.

Massachusetts Pedestrian Collision Statistics

The numbers tell a troubling story. While Massachusetts has one of the lowest overall traffic fatality rates in the country (0.56 deaths per 100 million vehicle miles traveled), pedestrian deaths have been climbing.

2022: 101 pedestrian fatalities, an all-time record for the state. Over 300 pedestrians were seriously injured that year.
2023: 69 pedestrian fatalities. Pedestrians accounted for roughly one in five traffic deaths.
2024: 78 pedestrian fatalities, an increase of about 13% from 2023 despite a national decline in pedestrian deaths.

According to the 2024 WalkMassachusetts crash report, more than one-third (37.2%) of victims were age 65 or older, nearly 70% of fatal crashes occurred in Environmental Justice neighborhoods, and a majority (61%) happened in dark conditions. 96% of pedestrian-involved crashes occur in urban areas. These statistics underscore that pedestrian collisions are a growing problem, and that injured pedestrians, including those who may have been jaywalking, deserve strong legal representation.

Settlement Values in Pedestrian Cases

The value of a pedestrian injury claim depends on the severity of injuries, the degree of fault assigned to each party, the available insurance coverage, and other case-specific factors. In general, claims involving minor sprains and bruises resolve at the low end of the spectrum, claims involving broken bones or a concussion resolve higher, and claims involving traumatic brain injury, spinal cord injury, multiple surgeries, or wrongful death carry the highest values. The factors that matter most are:

Injury severity and permanency: The nature of the injuries, the treatment required, and whether any limitations are permanent.
Fault allocation: The percentage of fault assigned to the pedestrian directly reduces the recovery.
Medical documentation: Objective imaging, surgical records, and physician opinions on future care.
Lost wages and earning capacity: Time out of work and any lasting effect on employment.
Available insurance coverage: The driver’s policy limits and any underinsured motorist coverage.

Every case is different, and your settlement will depend on the specific facts of your case.

When a pedestrian is partially at fault, the settlement is reduced proportionally. If you are found 30% at fault on a $200,000 case, your recovery drops to $140,000. This is why building the strongest possible case for driver negligence matters so much. Understanding pain and suffering claims and how they are calculated helps ensure you are not leaving money on the table.

Insurance Coverage for Injured Pedestrians

Massachusetts is a no-fault insurance state, and the insurance rules for pedestrian collisions differ from those for vehicle-on-vehicle crashes.

PIP Coverage Applies to Pedestrians

Under M.G.L. c. 90, Section 34A, Personal Injury Protection covers not only vehicle occupants but also pedestrians struck by a vehicle. PIP provides up to $8,000 in coverage for medical expenses, up to 75% of lost wages, and replacement services, regardless of who was at fault. The PIP claim is filed against the insurance policy of the vehicle that struck the pedestrian.

The Tort Threshold

To pursue a lawsuit for pain and suffering damages beyond PIP, a pedestrian must show reasonable and necessary medical expenses exceeding $2,000, or injuries that caused death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture (M.G.L. c. 231, Section 6D). Given the severity of most pedestrian injuries, the $2,000 threshold is usually met quickly.

Driver’s Liability Insurance

Massachusetts requires drivers to carry minimum bodily injury liability coverage of $25,000 per person and $50,000 per collision for policies issued or renewed on or after July 1, 2025 (older policies may carry the prior $20,000/$40,000 minimums). The injured pedestrian can file a claim against this coverage to recover damages beyond PIP, but must prove that the driver was at fault.

Uninsured and Underinsured Motorist Coverage

If the driver who hit you was uninsured, or if their liability limits are too low to cover your damages, your own automobile insurance policy may provide UM/UIM coverage. This is one of the most overlooked sources of recovery for injured pedestrians who also own a vehicle. In hit-and-run situations where the driver flees and is never identified, UM coverage may be the only source of compensation.

What to Do After Being Hit as a Pedestrian

The steps you take in the minutes, hours, and days following a collision can significantly affect the outcome of your case. Following the right steps after a collision protects both your health and your legal rights.

At the Scene

Call 911 immediately. Request police and medical assistance. A police report creates an official record of the collision.
Do not leave the scene. Stay until police arrive and complete their report.
Exchange information with the driver, including their name, license number, insurance information, and plate number.
Document everything. Photograph vehicle positions, skid marks, traffic signals, road conditions, weather, and your injuries from multiple angles.
Get witness information. Collect names, phone numbers, and email addresses from anyone who saw what happened.
Check for surveillance cameras. Note nearby businesses and traffic cameras. Footage is often overwritten within 24 to 72 hours.

In the Days Following

Seek medical attention immediately, even if your injuries seem minor. Some serious injuries, including brain bleeds and internal organ damage, do not produce immediate symptoms. Delays in treatment are used against you by insurance adjusters who argue that if you were really hurt, you would have gone to the hospital right away.
Follow all prescribed treatment. Missing appointments or stopping treatment early gives insurance companies ammunition to argue your injuries are not serious.
Keep a daily journal documenting your pain levels, symptoms, and how the injuries affect your daily activities.
Do not give a recorded statement to the driver’s insurance company without consulting an attorney first.
Do not post about the collision on social media. Insurance companies monitor social media and will use your posts against you.
Contact a personal injury attorney. Understanding how personal injury lawyers are paid can ease concerns about legal fees. Most work on contingency, meaning you pay nothing unless they recover money for you.

Wrongful Death Claims After a Fatal Pedestrian Collision

When a pedestrian collision results in death, the deceased person’s estate may pursue a wrongful death claim under M.G.L. c. 229, Section 2. Only the executor or administrator of the estate can file the lawsuit. Beneficiaries include the surviving spouse, children, and next of kin.

Recoverable damages include loss of expected net income, loss of companionship and guidance, conscious pain and suffering before death, funeral expenses, and punitive damages of at least $5,000 if death was caused by reckless or grossly negligent conduct.

The statute of limitations for wrongful death is three years from the date of death. Comparative negligence still applies, meaning the deceased pedestrian’s fault can reduce but not eliminate the recovery as long as fault does not exceed 50%.

How the Statute of Limitations Affects Your Claim

Under M.G.L. c. 260, Section 2A, you have three years from the date of the collision to file a personal injury lawsuit. For wrongful death claims, the deadline is three years from the date of death. If you miss this deadline, your claim is permanently barred regardless of how strong the evidence is.

Limited exceptions exist for minors (the three-year clock begins when the injured person turns 18) and for individuals with mental incapacity. Even so, acting quickly is important. Surveillance footage is overwritten, witnesses become harder to locate, and physical evidence at the scene fades. An attorney can send preservation letters to ensure that critical evidence is not destroyed. Are your personal injury settlement proceeds taxable? Understanding the full financial picture early helps you make better decisions about your case.

Frequently Asked Questions

Can I sue if I was jaywalking when I was hit by a car in Massachusetts?

Yes. Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, Section 85, which means you can still recover compensation as long as your share of fault does not exceed 50%. Your damages will be reduced by your percentage of fault, but jaywalking alone does not bar your claim. In fact, M.G.L. c. 90, Section 18A specifically states that a jaywalking violation shall not constitute negligence or be admissible as evidence of negligence in any civil proceeding. The driver still has a legal duty to exercise due care to avoid hitting pedestrians, even those crossing outside a crosswalk.

What is the fine for jaywalking in Massachusetts?

The fine for jaywalking in Massachusetts is $1 for a first, second, or third offense within a calendar year, and $2 for a fourth or subsequent offense within the same year. These penalties have not changed since the law was originally enacted in 1962. If a person refuses to provide their name and address to a police officer or gives false information, the fine increases to between $20 and $50. Legislators have filed bills to raise these fines, but as of 2026 no increase has become law.

How does comparative negligence work in a Massachusetts pedestrian case?

Under Massachusetts General Laws Chapter 231, Section 85, your compensation is reduced by your percentage of fault but not eliminated unless you are more than 50% responsible. For example, if you were jaywalking and a speeding driver struck you, a jury might find you 30% at fault and the driver 70% at fault. If your total damages were $200,000, your recovery would be reduced to $140,000. However, if you were found 51% or more at fault, you would recover nothing. The defendant has the burden of proving your negligence, and you are presumed to have exercised due care unless proven otherwise.

What should I do if I am hit by a car while crossing the street in Massachusetts?

Call 911 immediately and request both police and medical assistance. Do not leave the scene. Exchange information with the driver, including their name, license number, insurance details, and plate number. Photograph the scene from multiple angles, capturing vehicle positions, skid marks, traffic signals, road conditions, and your injuries. Get the names and contact information of any witnesses. Seek medical attention right away, even if your injuries seem minor, because some serious injuries do not produce immediate symptoms and delays in treatment can be used against you by insurance companies. Do not give a recorded statement to the driver’s insurance company without first consulting an attorney. File a PIP claim with the driver’s auto insurance, which covers pedestrians regardless of fault up to $8,000.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you or a family member has been injured as a pedestrian, whether you were in a crosswalk or not, Scalli Murphy Law can evaluate your case, identify the full extent of your damages, and pursue the maximum compensation available. We understand how insurance companies try to blame pedestrians, and we fight to make sure our clients are treated fairly.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

Related Resources:

This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Jaywalking Laws Massachusetts – Can You Still Sue?