Most often the injuries sustained when someone is struck by an automobile as a pedestrian or a bicyclist are often catastrophic. Unlike a collision between two vehicles, pedestrians and cyclists are unprotected. In 2015, 5,376 pedestrians and 818 bicyclists were killed in crashes with motor vehicles (National Highway Traffic Safety Administration, Traffic Safety Facts). These two types of accidents accounted for 17.7 percent of the 35,092 total U.S. fatalities.
There are several laws in Massachusetts meant to protect pedestrians and cyclists when crossing roads or intersections. Massachusetts General Law chapters 89§11 says that the pedestrian has the right of way when in a crosswalk, and approaching vehicles must slow down and yield their right of way. This applies to cyclists as well as they are often treated under the law as pedestrians. Drivers may not pass vehicles stopped to give pedestrians the right of way. When a pedestrian is struck by a motor vehicle, the department of state police or the municipal department with jurisdiction of the street often conduct an investigation into any violation of the law, and the appropriate civil or criminal citation shall be filed. Although the driver’s insurance will often cover much of the incurred medical costs, Massachusetts automotive insurance law is extremely complicated and difficult to navigate. For this reason, it is important to contact an experienced personal injury attorney as soon as possible.
Your personal injury attorney at Spada Law Group will work with you to ensure that you receive the best settlement possible.