Pedestrian Accident Claims in Massachusetts: Your Legal Rights (2026)

Pedestrian Accident Claims in Massachusetts: Laws, Liability, and Compensation

By Christopher Murphy, Esq., Managing Partner at Scalli Murphy Law | Updated February 2026

If you were hit by a car while walking in Massachusetts, a pedestrian accident lawyer in Massachusetts can help you understand your rights and pursue full compensation. Pedestrian collisions produce some of the most devastating injuries we see in personal injury practice because the human body has no protection against a multi-ton vehicle. Massachusetts has specific laws governing pedestrian right of way, driver duties, and how fault is assigned when a car strikes a pedestrian.

In 2024, Massachusetts recorded 78 pedestrian fatalities, a 16% increase from the prior year, even as national pedestrian deaths declined. These numbers make Massachusetts one of the states trending in the wrong direction for pedestrian safety, and they underscore why knowing your legal rights after a pedestrian collision is essential.

Massachusetts Pedestrian Accident Statistics

Massachusetts has one of the highest per-capita pedestrian collision rates in New England. The numbers tell a troubling story:

These statistics reveal that older adults, walkers in underserved communities, and pedestrians walking at night face significantly higher risks. Cities with dense pedestrian traffic, including Boston, Cambridge, Somerville, Everett, Worcester, Brookline, Salem, and Quincy, see a disproportionate number of these collisions.

Pedestrian Right of Way Laws in Massachusetts

Understanding pedestrian right of way in Massachusetts is critical to any pedestrian accident claim. The primary statute is M.G.L. c. 89, Section 11, which governs marked crosswalks and establishes the following rules:

Driver duties at marked crosswalks:

• When traffic control signals are not in place or not in operation, drivers must yield the right of way to a pedestrian crossing within a marked crosswalk.
• The duty to yield applies when the pedestrian is on the same half of the roadway as the vehicle, or has approached from the opposite half to within 10 feet of the vehicle’s half.
• No driver may pass another vehicle that has stopped at a marked crosswalk to let a pedestrian cross.
• No driver may enter a marked crosswalk while a pedestrian is crossing, even if the traffic signal indicates vehicles may proceed.

Pedestrian duties:

• Pedestrians must obey traffic control signals where they are in operation.
• Pedestrians should use marked crosswalks where available rather than crossing mid-block.
• Pedestrians must exercise due care for their own safety.

Violating Section 11 carries a fine of up to $200 for drivers. More importantly, when a pedestrian is hit by a car in a marked crosswalk, state or municipal police are required to investigate and issue appropriate citations.

When Drivers Are Liable for Hitting a Pedestrian

In the majority of pedestrian collision cases, the driver bears primary liability. Hitting a pedestrian with a car typically involves one or more of the following driver behaviors:

• Failing to yield at a crosswalk: The most common scenario. The driver does not stop or slow down when a pedestrian is lawfully crossing.
• Distracted driving: Texting, phone use, or other distractions that prevent the driver from seeing a pedestrian.
• Speeding: Higher speeds dramatically reduce a driver’s ability to stop and increase the severity of injuries. The risk of death for a pedestrian struck at 23 mph is 10%, rising to 50% at 42 mph and 90% at 58 mph.
• Failing to stop at a red light or stop sign: Running traffic controls at intersections where pedestrians are crossing.
• Turning without checking for pedestrians: Drivers making right or left turns who fail to look for pedestrians in the crosswalk.
• Backing up without looking: Parking lot and driveway collisions, particularly involving children and elderly pedestrians.
• Impaired driving: Alcohol and speeding are the two most significant contributing factors in pedestrian fatalities nationwide.

When Pedestrians Can Be at Fault

Pedestrians are not always free of fault. Insurance companies frequently argue that the pedestrian contributed to the collision through:

• Jaywalking: Crossing outside a marked crosswalk or designated crossing area.
• Crossing against a traffic signal: Entering the roadway on a “Don’t Walk” signal.
• Darting into traffic: Suddenly entering the roadway without giving drivers time to react.
• Walking while distracted: Looking at a phone or wearing headphones and failing to notice approaching vehicles.
• Walking under the influence: Impaired pedestrians who misjudge vehicle speeds or walk erratically.

However, even when a pedestrian shares some fault, a driver always has a duty to exercise reasonable care to avoid hitting a pedestrian. A pedestrian jaywalking does not give a driver license to hit them.

Comparative Negligence in Massachusetts Pedestrian Cases

Massachusetts applies modified comparative negligence under M.G.L. c. 231, Section 85. This means:

• A pedestrian can recover damages as long as they are not more than 50% at fault for the collision.
• The compensation is reduced by the pedestrian’s percentage of fault.
• If the pedestrian is found 51% or more at fault, they recover nothing.

How comparative negligence works in practice:

Insurance companies aggressively argue pedestrian fault to reduce or deny claims. An experienced pedestrian accident attorney in Boston can investigate the collision scene, gather surveillance footage, and work with accident reconstruction experts to establish the driver’s liability. Understanding insurance company tactics is critical in these cases.

Crosswalk vs. Non-Crosswalk Accidents

Where the collision occurs has a significant impact on how liability is evaluated:

Crosswalk collisions: When a pedestrian is struck in a marked crosswalk, the legal analysis strongly favors the pedestrian. Under M.G.L. c. 89, Section 11, the driver has an explicit statutory duty to yield. Police are required to investigate and may cite the driver. The driver’s failure to yield creates a strong presumption of negligence.

Non-crosswalk collisions: When a pedestrian is struck outside a crosswalk, liability is more contested. The insurance company will argue the pedestrian was jaywalking and bears fault. However, the driver still has a duty of ordinary care to watch for pedestrians, reduce speed in areas with pedestrian traffic, and take reasonable steps to avoid a collision. Many non-crosswalk cases still result in substantial recoveries, particularly when the driver was speeding, distracted, or impaired.

Intersections without marked crosswalks: Massachusetts law recognizes that pedestrians have the right to cross at intersections even where crosswalks are not painted. Drivers must still exercise caution at these locations.

Common Injuries in Pedestrian Accidents

Pedestrian collisions cause injuries far more severe than typical motor vehicle accidents because the pedestrian has no protective barrier. Common injuries include:

• Fractures: Broken legs, hips, pelvis, arms, ribs, and facial bones. The lower extremities are particularly vulnerable because they are at bumper height.
• Traumatic brain injuries: Concussions, skull fractures, subdural hematomas, and diffuse axonal injuries. Pedestrians frequently strike their head on the vehicle hood, windshield, or pavement.
• Spinal cord injuries: Herniated discs, compression fractures, and in severe cases, partial or complete paralysis.
• Internal organ damage: Ruptured spleen, liver laceration, kidney damage, and internal bleeding from blunt force trauma.
• Soft tissue injuries: Torn ligaments, tendons, and muscles, particularly in the knees and shoulders.
• Road rash and degloving injuries: Severe skin abrasions from being dragged along pavement.
• Amputation: Crush injuries to extremities that require surgical amputation.
• Death: Wrongful death when injuries are fatal, giving surviving family members the right to pursue a claim.

The severity of pedestrian injuries means that medical treatment is extensive and costly. Extended hospitalizations, multiple surgeries, months of rehabilitation, and permanent disability are common. These factors drive settlement values significantly higher than typical car accident claims.

Hit-and-Run Pedestrian Accidents in Massachusetts

Being struck by a driver who flees the scene is terrifying and, unfortunately, not uncommon. Massachusetts law treats hit-and-run involving personal injury as a serious crime under M.G.L. c. 90, Section 24:

• Criminal penalties: Imprisonment for 6 months to 2 years and fines of $500 to $1,000.
• Driver duties: The law requires drivers to stop immediately, provide their name, address, and vehicle registration, and render assistance to any injured person.
• Mandatory investigation: Police must investigate the scene and attempt to identify the driver.

Recovering compensation after a hit-and-run:

Even if the driver is never identified, you may still have options:

• Your own uninsured motorist (UM) coverage: This coverage applies when you are injured as a pedestrian by an unidentified hit-and-run driver. If you carry auto insurance with UM coverage, you can file a claim under your own policy.
• PIP benefits: The hit-and-run driver’s PIP coverage applies if the vehicle is later identified. Your own PIP may also cover your medical bills.
• Homeowner’s or renter’s insurance: In some cases, medical payments coverage under these policies may apply.

Report a hit-and-run immediately and provide police with every detail you can remember about the vehicle, including make, model, color, and any portion of the license plate.

What to Do If You Are Hit by a Car as a Pedestrian

The steps you take immediately after being struck by a vehicle can significantly impact your ability to recover compensation. Follow these steps, as outlined in our post-accident guide:

1. Call 911: Request police and an ambulance. A police report is essential evidence in your claim.
2. Stay at the scene: Do not leave unless you are taken by ambulance to the hospital.
3. Get the driver’s information: Name, phone number, license plate, insurance company, and policy number.
4. Document everything: Photograph the scene, the vehicle, traffic signals, crosswalks, your injuries, and any skid marks or debris.
5. Get witness contact information: Witnesses are invaluable in proving what happened.
6. Seek immediate medical attention: Go to the emergency room even if you feel okay. Internal injuries, concussions, and spinal injuries may not produce immediate symptoms.
7. Report to your auto insurance: Even as a pedestrian, your own auto policy’s PIP coverage may apply.
8. Do not give a recorded statement to the driver’s insurance company without consulting a pedestrian accident lawyer first.
9. Contact a Massachusetts pedestrian accident lawyer: An attorney can preserve evidence, handle insurance negotiations, and protect you from common insurance company tactics designed to minimize your claim.

Insurance Coverage for Pedestrians Hit by a Car

Massachusetts is a no-fault auto insurance state, which creates multiple layers of coverage for injured pedestrians:

PIP (Personal Injury Protection):

• The driver’s PIP insurance pays up to $8,000 for the pedestrian’s medical bills and 75% of lost wages, regardless of who was at fault.
• If the pedestrian has their own auto insurance, their PIP coverage may also apply.
• PIP covers reasonable and necessary medical expenses within two years of the collision.

Bodily injury liability:

• Once the pedestrian’s medical expenses exceed $2,000 (the Massachusetts tort threshold under M.G.L. c. 231, Section 6D), the pedestrian can pursue a claim against the driver’s bodily injury liability coverage for full damages including pain and suffering.
• Massachusetts requires minimum bodily injury coverage of $20,000 per person / $40,000 per accident, though many drivers carry higher limits.

Uninsured/Underinsured Motorist (UM/UIM) coverage:

• If the driver has no insurance or insufficient coverage, the pedestrian’s own UM/UIM policy provides additional protection.
• UM coverage applies even when you are injured as a pedestrian, not as a vehicle occupant.
• This coverage is particularly important in hit-and-run cases where the driver is never identified.

Wrongful Death Claims When a Pedestrian Is Killed

When a pedestrian collision results in death, the victim’s family may pursue a wrongful death claim under M.G.L. c. 229. In Massachusetts:

• The personal representative of the estate files the claim on behalf of surviving family members.
• Recoverable damages include funeral and burial expenses, lost financial support, loss of companionship and consortium, and conscious pain and suffering the victim experienced before death.
• The statute of limitations for wrongful death is three years from the date of death.
• If a minor child is killed, the parents can recover damages for loss of their child’s companionship.

Wrongful death claims from pedestrian collisions often involve significant compensation because the driver’s negligence, such as speeding, distraction, or impairment, caused a completely preventable death to a vulnerable road user. A wrongful death attorney can help the family pursue full accountability.

Dangerous Areas for Pedestrians in Massachusetts

Certain intersections and corridors in Massachusetts are especially dangerous for pedestrians. Data from MassDOT and the City of Boston identify these as high-risk locations, many of which we covered in our dangerous intersections analysis:

Nearly 70% of fatal pedestrian collisions occur in darkness, before sunrise or after sunset. Communities with historically underserved populations bear a disproportionate burden, with nearly 70% of fatalities occurring in Environmental Justice neighborhoods. Older adults are also at heightened risk, accounting for more than one-third of pedestrian fatalities despite representing a smaller share of the walking population.

Settlement Values for Pedestrian Accident Claims

Pedestrian accident claims in Massachusetts typically result in higher settlements and verdicts than standard motor vehicle accident claims because the injuries are more severe. Without the protection of a vehicle, pedestrians suffer catastrophic injuries even at relatively low vehicle speeds.

Factors that increase the value of a pedestrian accident claim include:

• Clear driver fault: Hitting a pedestrian in a crosswalk, running a red light, or driving distracted.
• Severity of injuries: Surgeries, hospitalizations, and long-term rehabilitation increase damages.
• Permanent impairment: Ongoing pain, reduced mobility, or cognitive deficits that affect daily life and work.
• High medical expenses: Pedestrian injuries often generate six-figure medical bills.
• Lost earning capacity: If injuries prevent the victim from returning to their occupation.
• Impact on quality of life: Loss of ability to participate in hobbies, care for family, or live independently.

Why You Need a Pedestrian Accident Lawyer in Massachusetts

Pedestrian accident claims involve unique legal challenges that require experienced representation:

• Liability disputes: Insurance companies routinely blame the pedestrian for the collision. An attorney investigates the scene, obtains surveillance video, hires accident reconstruction experts, and builds the evidence needed to prove the driver’s fault.
• Multiple insurance sources: Coordinating PIP, bodily injury, UM/UIM, and health insurance coverage requires knowledge of Massachusetts no-fault insurance rules.
• Severe injuries with high damages: Pedestrian cases involve extensive medical documentation, future care projections, lost earning capacity calculations, and life care planning that must be supported by expert testimony.
• Comparative negligence defense: Defeating or minimizing the insurance company’s argument that the pedestrian was partially at fault.
• Government claims: If a dangerous intersection design or missing crosswalk contributed to the collision, claims against a municipality or MassDOT involve the Massachusetts Tort Claims Act and strict notice requirements.

Frequently Asked Questions

Do pedestrians always have the right of way in Massachusetts?

No. Pedestrians have the right of way in marked crosswalks when traffic signals are not in operation, and drivers must yield under M.G.L. c. 89, Section 11. However, pedestrians must also obey traffic signals, use crosswalks where available, and exercise due care. A pedestrian who crosses against a red signal or jaywalks outside a crosswalk may share fault for a collision under Massachusetts comparative negligence rules.

What should I do if I am hit by a car as a pedestrian?

Call 911 immediately and request both police and an ambulance. Do not leave the scene. Get the driver’s name, license plate, and insurance information. Take photos of the scene, your injuries, and the vehicle if possible. Get contact information from any witnesses. Go to the emergency room even if your injuries seem minor, because some serious injuries like internal bleeding or traumatic brain injury may not show symptoms right away. Report the collision to your own auto insurance carrier for PIP benefits, and contact a pedestrian accident lawyer before speaking with the driver’s insurance company.

Can I recover compensation if I was jaywalking when hit by a car?

Yes, you may still recover compensation. Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, Section 85. As long as you were not more than 50% at fault for the collision, you can recover damages, but your award will be reduced by your percentage of fault. For example, if you were 20% at fault for jaywalking and your damages total $100,000, you would recover $80,000. A driver still has a duty to exercise reasonable care to avoid hitting pedestrians, even outside a crosswalk.

What insurance covers a pedestrian hit by a car in Massachusetts?

Multiple insurance sources may apply. The driver’s auto insurance PIP coverage pays up to $8,000 for the pedestrian’s medical bills and lost wages regardless of fault. If the pedestrian has their own auto insurance policy, their PIP coverage may also apply. Beyond PIP, the pedestrian can file a bodily injury claim against the at-fault driver’s liability insurance. If the driver is uninsured or underinsured, the pedestrian’s own uninsured/underinsured motorist coverage can provide additional compensation. Health insurance may also cover medical treatment, subject to subrogation.

How much is a pedestrian accident claim worth in Massachusetts?

Pedestrian accident claims tend to be worth more than typical motor vehicle claims because pedestrians have no vehicle protection and suffer more severe injuries. Settlement values depend on injury severity, medical expenses, lost wages, and long-term impact. Minor injury cases may settle for $15,000 to $75,000, while cases involving fractures, surgery, or significant recovery periods often settle for $100,000 to $500,000. Catastrophic injuries such as traumatic brain injury, spinal cord damage, or wrongful death can result in settlements and verdicts exceeding $1 million.

What happens if the driver who hit me left the scene?

A hit-and-run pedestrian accident is a crime in Massachusetts. The driver faces penalties including 6 months to 2 years in prison and fines of $500 to $1,000 under M.G.L. c. 90, Section 24. For your injury claim, you can file under your own auto insurance policy’s uninsured motorist coverage, which applies even when you are injured as a pedestrian. If you do not have auto insurance, you may still recover through the driver’s PIP if the vehicle is later identified. Report the hit-and-run to police immediately and try to note the vehicle’s make, model, color, and any portion of the license plate.

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 extensive experience handling pedestrian accident claims in Boston, Cambridge, Somerville, Everett, and throughout Massachusetts, including complex cases involving hit-and-run drivers, disputed liability, and catastrophic injuries.

Contact Scalli Murphy Law

If you or a loved one was hit by a car while walking in Massachusetts, time is critical. Evidence such as surveillance footage, witness memories, and skid marks fades quickly. Scalli Murphy Law has the resources and experience to investigate your pedestrian accident, determine all available insurance coverage, and fight for the full compensation you deserve.

Call 617-387-7000 or 1-833-933-HELP 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:

• Motor Vehicle Injury Practice Area
• Wrongful Death Practice Area
• Most Dangerous Intersections in Massachusetts (2026 Data)
• Brain Injury Symptoms After a Car Accident: What to Watch For
• Wrongful Death Claims in Massachusetts
• What to Do After a Car Accident in Massachusetts
• Comparative Negligence in Massachusetts
• Average Car Accident Settlement in Massachusetts (2026)