Boston Pedestrian Accident Lawyer

diller law, p.c., member, the national trial lawyers: top 100 trial lawyersBoston is a walking city. Between the college students spilling off the Green Line at Kenmore, commuters crossing Boylston Street at rush hour, and tourists making their way through Faneuil Hall, foot traffic is constant, and so is the risk. When a driver, cyclist, or property owner fails to watch out for people on foot, the consequences can be devastating.

If you or someone you love was hurt in a pedestrian accident in Boston, you have legal rights worth understanding. Our pedestrian accident attorneys at Diller Law work with injured pedestrians throughout Greater Boston, helping them pursue compensation for medical bills, lost income, and the disruption that follows a serious injury.

Why Boston Streets Create Pedestrian Risks

Boston’s layout was not built for modern traffic. Streets that predate the automobile wind through dense neighborhoods, cross without clear sightlines, and drop crosswalks into intersections that handle far more volume than they were designed for. The result is a city where pedestrian accidents occur at a higher rate than most people realize.

High-Risk Locations Around the City

Certain corridors see pedestrian injuries far more often than others. Commonwealth Avenue through Allston and Brighton, where students cross mid-block year-round, has a persistent record of pedestrian incidents. The stretch of Boylston Street near the Fenway and Back Bay, Tremont Street through the South End, and the Esplanade access points along the Charles River are all areas where foot traffic and vehicle conflict are routine. Intersections around the Massachusetts Avenue and Columbus Avenue corridor are also among the most reported in city data.

How Traffic Patterns Contribute to Crashes

Boston drivers face tight turns, narrow lanes, and unpredictable pedestrian flow at nearly every intersection. Distracted driving is a major factor, but so is driver behavior at crosswalks, including failure to yield, rolling stops at red lights, and vehicles blocking crosswalk space while waiting for traffic. MBTA bus routes that run along high-foot-traffic corridors create additional pinch points, particularly near stops on Washington Street, Huntington Avenue, and along the Orange Line’s surface-level sections.

Common Injuries in Pedestrian Crashes

Pedestrians have no protection in a collision. Lower extremity fractures, traumatic brain injuries, spinal trauma, and internal injuries are all documented outcomes of pedestrian crashes.

Even at relatively low vehicle speeds, the force transferred to a person on foot can cause injuries requiring surgery, extended rehabilitation, and long-term medical monitoring. These injuries often affect a person’s ability to work, drive, and perform basic daily tasks for months or years.

Person lying motionless on a crosswalk in front of a car after being struck

What to Do After a Pedestrian Accident in Boston

The period immediately following a pedestrian accident can feel overwhelming. What you do in those first hours and days can have a meaningful effect on your ability to pursue a claim, so it’s worth knowing the general steps involved.

Immediate Steps at the Accident Scene

Call 911 and make sure a police report is filed, even if injuries seem minor at first. Gather contact information from the driver and any witnesses nearby. If you can, photograph the scene, the vehicle, any skid marks, and your injuries. Boston Police reports can be useful documentation later, particularly when they include witness statements or officer observations about the driver’s behavior.

Building Your Medical Record

Seek medical care the same day, even if you feel like you may be fine. Many pedestrian injuries, including concussions and soft tissue damage, do not produce full symptoms immediately. Following up consistently with your treating providers and keeping records of every appointment, prescription, and referral builds the foundation for calculating your actual damages. Gaps in treatment can complicate a claim, so continuity matters.

Reporting and Preserving Evidence

Beyond the police report, document everything. Photograph your injuries over time as bruising and swelling change. Keep a written record of how your injuries affect daily life. If there is surveillance footage from nearby businesses or MBTA cameras along the route, that footage may only be retained for a short time, so early action to preserve it matters. A Boston pedestrian accident lawyer can send a preservation letter to relevant parties quickly.

How Massachusetts Law Applies to Pedestrian Claims

Massachusetts uses a fault-based system for personal injury claims, meaning that establishing who was negligent is central to any pedestrian accident case. Understanding the basics of how the law works helps set realistic expectations.

Negligence and the Duty Drivers Owe Pedestrians

Under Massachusetts law, drivers owe pedestrians a duty of reasonable care. When a driver violates that duty by speeding, running a light, failing to yield at a marked crosswalk, or driving while distracted, and that violation causes injury, the driver may be held legally liable. The same principle applies to municipalities if a dangerous road condition, faulty signal, or poorly maintained crosswalk contributed to the crash. Massachusetts General Laws Chapter 89, Section 11 requires drivers to yield to pedestrians in marked crosswalks.

Comparative Fault Under Massachusetts Law

Massachusetts follows a modified comparative fault rule under Chapter 231, Section 85. If a pedestrian is found to be partially at fault for the accident, their compensation is reduced by their percentage of responsibility.

However, if a pedestrian is found to be 51 percent or more at fault, they are barred from recovery entirely. This means that even if you were crossing outside a crosswalk or walking against a signal, you may still have a viable claim depending on the full circumstances.

What Damages May Be Available

Recoverable damages in a Massachusetts pedestrian accident claim can include medical expenses (past and future), lost wages, reduced earning capacity, pain and suffering, and costs related to ongoing care or home modification. In cases involving a fatality, a wrongful death claim may also be available. Our wrongful death attorneys handle those cases separately from standard personal injury claims, and the legal framework differs in important ways.

Why Work with Our Firm

When you are recovering from a serious injury, the last thing you need is confusion about your legal options. We handle pedestrian accident claims throughout Boston and the surrounding area, and we work to keep the process as straightforward as possible for our clients.

Our Approach to Pedestrian Accident Cases

We treat every pedestrian accident case as its own set of facts. That means reviewing the police report, gathering available footage, consulting medical records, and building a picture of what happened and what it has cost you. Our personal injury practice covers a range of injury types, and pedestrian cases often involve overlapping issues like motor vehicle liability and municipal responsibility.

What Clients Can Expect from Our Legal Representation in Other Personal Injury Cases

We communicate clearly, return calls, and explain where things stand throughout the process. You will not be handed off to a paralegal and left waiting.

We take cases on a contingency fee basis, meaning you pay no attorney fee unless we recover compensation on your behalf. That structure means our interests are aligned with yours from the start.

Serving Boston and Surrounding Communities

We represent injured pedestrians across Boston, including Allston, Brighton, the South End, Dorchester, Roxbury, Jamaica Plain, and surrounding communities like Cambridge, Somerville, and Brookline. Whether the accident happened on a busy commercial street or a residential side street, if you were hurt through someone else’s negligence, we want to hear what happened. A skilled pedestrian accident lawyer near Boston who knows the local streets, courts, and insurance landscape can make a real difference in how your case moves forward.

Frequently Asked Questions Our Trial Attorneys Receive About Boston Pedestrian Accident Claims

Boston pedestrian accident cases raise questions that are specific to state law, local road conditions, and the claims process. The answers below address some of the most common questions we hear from injured pedestrians and their families.

Massachusetts has a three-year statute of limitations for personal injury claims under Chapter 260, Section 2A. The clock generally starts on the date of the accident. Filing after the deadline almost always results in losing your right to pursue compensation, regardless of how strong the case might be.
Under Massachusetts’ modified comparative fault rule, you can still recover compensation as long as you were not more than 50 percent at fault. Your final award would be reduced by your percentage of responsibility. Many pedestrian accident cases involve disputed fault, so how your conduct is characterized matters.
Massachusetts personal injury protection (PIP) benefits can apply to pedestrians in some circumstances, typically when a covered vehicle is involved, and the injured pedestrian qualifies under the policy. Coverage depends on the specific facts and the insurance policies involved. A Boston pedestrian accident lawyer can review the applicable coverage early in the process.
If the driver had no insurance, you may still have options through your own uninsured motorist coverage if you carry an auto policy. Massachusetts law does not require pedestrians to carry auto insurance, but many people injured as pedestrians have access to coverage they are not aware of. This is one reason it pays to review all available policies after an accident.
Claims against a municipality like the City of Boston involve different procedural rules than claims against a private driver. There are notice requirements and shorter timelines that apply. Whether a government entity bears responsibility depends on whether a defective condition was known (or should have been known) and not repaired. These cases require careful handling from the outset.
There is no standard value for a pedestrian accident case. Compensation depends on the severity of injuries, the extent of lost income, future medical needs, and how clearly liability can be established. We do not make promises about outcomes, but we work to document every element of a client’s losses thoroughly.

Contact a Boston Pedestrian Accident Attorney for a Free Consultation on Your Pedestrian Injury Case

If you were injured while walking in Boston, you deserve a clear picture of your legal options. Contact Diller Law to schedule a consultation. We will listen to what happened, explain how state law applies to your situation, and help you decide on a path forward.