When a car hits a person on foot, the person on foot loses. Pedestrians have no bumper, no airbag, and no seat belt, and the injuries from even a low-speed impact can include fractures, head injuries, and months away from work. Massachusetts law gives pedestrians real protections, but insurers do not volunteer them. What decides most pedestrian cases is who had the right of way, which insurance policy pays first, and whether a deadline was missed in the first weeks.
Scalli Murphy Law represents people hit by cars, trucks, buses, and rideshare vehicles across Greater Boston and the North Shore, from our office at 537 Broadway in Everett. Hablamos español. The sections below explain how pedestrian claims work in Massachusetts.
Who is at fault when a car hits a pedestrian in Massachusetts?
Usually the driver, but not automatically. Massachusetts puts specific duties on drivers around pedestrians, and a driver who breaks one of them is in a weak position.
Marked crosswalks. Under G.L. c. 89, § 11, when traffic signals are not in place or not operating, a driver “shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk.” The duty applies when the pedestrian is on the driver’s half of the road, or is approaching from the other half to within 10 feet of it. The same section bars a driver from passing another vehicle that has stopped at a marked crosswalk to let a pedestrian cross.
Pedestrians in the road. Under G.L. c. 90, § 14, “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.” That duty applies whether or not the pedestrian is in a crosswalk.
Passing distance. The same statute requires a driver passing a “vulnerable user” to do so “at a safe distance of not less than 4 feet and at a reasonable and proper speed.” Massachusetts defines vulnerable users to include pedestrians, people working in the road, and emergency responders, along with cyclists and people on scooters and wheelchairs.
Car doors. Section 14 also makes it a violation to open a car door unless it is reasonably safe to do so “without interfering with the movement of other traffic, including bicyclists and pedestrians.”
Fault can also rest with someone other than the driver: an employer whose delivery driver was rushing, a rideshare company’s insurer, a contractor who closed a sidewalk without a safe detour, or a property owner whose parking lot design pushed walkers into traffic. We look at every party, because each one may bring its own insurance policy.
For the full right-of-way rules, see our guides to Massachusetts crosswalk laws and whether pedestrians always have the right of way.
What if I was crossing outside a crosswalk or against the signal?
You can still have a claim. This is the question we hear most often, and the answer surprises people.
Massachusetts uses comparative negligence. Under G.L. c. 231, § 85, your own carelessness does not bar recovery as long as it “was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought.” Your damages are reduced by your share of fault. If you were 30 percent at fault, you recover 70 percent. The statute also places the burden of proving your negligence on the other side, and you are “presumed to have been in the exercise of due care.”
There is a second protection that insurers rarely mention. Cities and towns can adopt local rules on how pedestrians use the roads, and a violation carries a fine of one dollar. Under G.L. c. 90, § 18A, a violation of those pedestrian rules “shall not, in any civil proceeding, constitute negligence or be admissible as evidence of negligence.” The insurer can still argue that the way you crossed was careless, but a jaywalking rule violation, standing alone, is not proof of fault.
In practice, “the pedestrian wasn’t in the crosswalk” is an argument about percentages, not the end of a case. Speed, lighting, the driver’s line of sight, phone use, and whether the driver slowed down as § 14 requires all go into that comparison.
Who pays my medical bills right away?
Personal Injury Protection, known as PIP. Massachusetts auto policies must include it, and it pays regardless of fault.
Under G.L. c. 90, § 34A, PIP covers “any pedestrian struck by the insured’s or obligor’s motor vehicle,” up to at least $8,000 per person. The standard Massachusetts auto policy pays PIP to “any pedestrian, including you, if struck by your auto in Massachusetts.” In most cases, that means the PIP claim goes to the insurer of the vehicle that hit you, even if you do not own a car.
PIP covers:
- Medical expenses incurred within two years of the crash, including ambulance, hospital, and therapy.
- Lost wages, generally up to 75 percent of your average weekly wage for the year before the crash.
- Replacement services, meaning reasonable payments to people outside your household for tasks you could not do while injured.
One rule catches many people off guard. If you have health insurance, PIP pays only the first $2,000 of medical bills that your health plan would also cover. After that, your health insurer becomes the primary payer, and it may later claim reimbursement from your settlement. Sorting out PIP, health insurance, and those reimbursement claims is a large part of what we do, because it decides how much of a settlement actually reaches you.
When can I recover for pain and suffering?
PIP pays bills and wages. It does not pay for pain and suffering. For that, you bring a claim against the at-fault driver, which is usually paid by the driver’s bodily injury liability coverage.
Massachusetts sets a threshold for pain and suffering in motor vehicle cases. Under G.L. c. 231, § 6D, you can recover pain and suffering damages if your reasonable and necessary medical expenses exceed $2,000, or if the injury causes death, the loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or “consists of a fracture.” Many pedestrian injuries meet that threshold, because a fracture alone is enough.
What if the driver had no insurance or drove away?
Massachusetts requires uninsured motorist coverage on every auto policy. Under G.L. c. 175, § 113L, that coverage protects people “legally entitled to recover damages from owners or operators of uninsured motor vehicles” and “hit-and-run motor vehicles.”
The standard policy extends uninsured and underinsured coverage to you and your household members “if injured as a pedestrian.” So if you or someone you live with has a Massachusetts auto policy, it may cover you after a hit-and-run even though you were on foot. If you were struck by a vehicle with no compulsory insurance, your own household’s policy can also pay PIP.
After a hit-and-run, report it to the police right away and keep the report number. Look for cameras that may have caught the vehicle: storefronts, buses, doorbells, and traffic cameras. Much of that footage is overwritten within days, which is one reason to call a lawyer early. Our guide explains how to get a Massachusetts crash report.
What if a city vehicle hit me, or I fell on a broken sidewalk?
Claims against a city, town, or state agency follow different rules, and the deadlines are much shorter than three years.
Public vehicles and employees. If a city, town, or state vehicle hit you, the claim usually falls under the Massachusetts Tort Claims Act. Under G.L. c. 258, § 4, you cannot sue until you have “presented” your claim in writing to the proper official “within two years after the date upon which the cause of action arose.” Missing that step can end the claim.
Defective sidewalks and roads. A fall caused by a defect in a public way is governed by G.L. c. 84, § 15. Recovery against a city or town is capped at $5,000. And under G.L. c. 84, § 18, written notice must be given “within thirty days” stating the injured person’s name and residence and the time, place, and cause of the injury. For injuries caused by snow or ice, a late notice is not a defense unless the city or town proves it was prejudiced. A fall on a privately owned sidewalk or parking lot is a different claim, against the owner, without that cap.
What injuries do pedestrians suffer?
The person struck usually takes the impact on the legs and hips first, then strikes the hood or windshield, then the ground. The injuries we see most often include:
- Leg, knee, pelvis, and hip fractures
- Head injuries, from concussion to traumatic brain injury
- Shoulder, wrist, and arm fractures from bracing against the fall
- Spinal injuries, including herniated discs
- Lacerations and scarring, including facial scarring
- Post-traumatic stress and anxiety about walking near traffic
Some of these injuries show their full effect only months later. We do not recommend settling a pedestrian claim until your doctors have a clear picture of your recovery and any future treatment.
What if a pedestrian was killed?
When a pedestrian dies, the family may bring a wrongful death claim through the personal representative of the estate. Those claims have their own rules on who brings the case, what damages are available, and how any recovery is divided. See our Massachusetts wrongful death lawyer page.
How long do I have to file a pedestrian accident claim?
For most claims against a private driver, G.L. c. 260, § 2A requires a lawsuit to be filed “within three years next after the cause of action accrues.” Shorter steps apply against public entities: 30 days’ notice for a defective way, and written presentment within two years for a public vehicle or employee. PIP pays only for expenses incurred within two years of the crash. Different rules can apply to children. Do not assume you have three years until a lawyer has looked at your situation.
What should I do after being hit by a car?
- Get medical care, even if you feel able to walk away. Adrenaline hides injuries.
- Call the police and get the report number. Under c. 89, § 11, when a pedestrian is injured in a marked crosswalk, the police must investigate the cause.
- Get the driver’s name, plate, and insurance, and the names and numbers of witnesses.
- Photograph the scene: the crosswalk, signals, lighting, the vehicle, and your injuries.
- Write down the cameras you see nearby. Footage disappears fast.
- Do not give a recorded statement to the driver’s insurer before you talk to a lawyer.
- Keep every bill, receipt, and record of missed work.
Why call Scalli Murphy Law?
We are a personal injury firm based in Everett, and we handle pedestrian cases throughout Everett, Chelsea, Malden, Revere, Boston, and the rest of Greater Boston and the North Shore. We speak Spanish. We handle pedestrian cases on a contingency fee, which means no fee unless we recover for you, and the first consultation is free. Learn more about how personal injury fees work in Massachusetts.
Call (617) 387-7000 or contact us online.
Frequently Asked Questions
I don’t own a car. Can I still get PIP benefits?
Yes, in most cases. Massachusetts PIP covers “any pedestrian struck by the insured’s or obligor’s motor vehicle,” so the claim normally goes to the insurer of the vehicle that hit you. You do not need your own auto policy.
The police report says I was jaywalking. Does that end my case?
No. Massachusetts compares fault, and you can recover as long as your share is not greater than the driver’s. A violation of a local pedestrian rule is not, by itself, evidence of negligence in a civil case under G.L. c. 90, § 18A. The report is one piece of evidence, not the final word.
I was hit in a parking lot. Do the same rules apply?
The basic negligence rules apply, and PIP can still apply because you were struck by a motor vehicle. Some traffic statutes are written for public ways, so a parking lot case may turn more on ordinary negligence and the lot’s design. The property owner can also be a party in the right case.
I was hit by an e-bike or a scooter, not a car. Do I have a claim?
Possibly, but insurance works differently because e-bikes are not motor vehicles under Massachusetts law. See our page on e-bike, scooter, and moped accidents and our guide to PIP after an e-bike, moped, or scooter crash.
How much is my pedestrian accident case worth?
It depends on the injury, the treatment, lost income, the effect on your daily life, the share of fault, and the insurance available. Anyone who quotes a number before seeing your medical records is guessing. For a deeper look at how claims are valued and paid, read our full guide to pedestrian accident claims in Massachusetts.
This page is general information about Massachusetts law, not legal advice for your situation.
Do you have a massachusetts pedestrian accident lawyer near me?
Scalli Murphy Law is at 537 Broadway, Everett, MA 02149, just off Route 16 and Broadway in Everett Square, with parking on site and the MBTA 104, 109 and 110 bus routes stopping within a short walk. We serve Everett, Chelsea, Malden, Medford, Revere, Somerville, Lynn and the surrounding Greater Boston communities, and we travel to clients who cannot travel to us, including at home or in hospital.
Call (617) 387-7000 to speak with our office.