FAQ About Pedestrian Accidents
People living and vacationing on Cape Cod frequently enjoy walking from one destination to another. Walking has health benefits and is a convenient and cost-effective way to travel, but unfortunately, pedestrians face certain risks. For example, negligent motorists often fail to heed traffic signals or laws and subsequently strike pedestrians lawfully crossing a street or walking on the side of a road. If you were hit by a vehicle while you were walking in Cape Cod, you may be able to recover damages and should talk to an attorney about your rights. At the Law Offices of John C. Manoog, III, our knowledgeable Cape Cod pedestrian accident lawyers frequently field inquiries regarding collisions, and we have compiled a list of frequently asked questions about pedestrian accidents along with detailed answers. Our lawyers have over one hundred and fifty years of mutual experience representing people injured in accidents, and our dedicated advocacy has helped us to recover several multi-million dollar verdicts and settlements for our clients.Frequently Asked Questions About Pedestrian Accidents
Immediately after the accident, you should prioritize your safety and seek medical attention for any injuries. You should also report the incident to law enforcement, providing accurate details of the accident. It is essential to collect evidence by taking photographs and preserving any physical evidence, such as damaged property. You should also contact a personal injury attorney experienced in pedestrian accidents to ensure your rights are protected.
Determining fault in pedestrian collisions depends on various factors, including the specific circumstances of the accident. Massachusetts follows a modified comparative negligence rule, allowing for proportionate fault to be assigned to multiple parties involved. The court considers the actions of both the pedestrian and the driver, examining factors such as traffic laws, right-of-way violations, and whether either party was negligent. Even if a judge or jury finds a pedestrian at fault, however, they will not be barred from recovering compensation unless the negligence attributed to them is more than 50%.
Typically, a plaintiff in a lawsuit arising out of a pedestrian accident will assert a negligence claim against the defendant. Under Massachusetts law, a plaintiff arguing a defendant acted negligently has to establish that the defendant owed them a duty of care. Next, the plaintiff has to prove that the defendant breached the duty. For example, if a defendant drove through an intersection without checking to see if any pedestrians were crossing, it may constitute a breach. Finally, the plaintiff must demonstrate that the defendant’s breach caused the plaintiff to suffer actual losses.
In Massachusetts, you may seek various damages in a lawsuit arising out of a collision. These include medical expenses, rehabilitation costs, lost wages, pain and suffering, emotional distress, and property damage. Additionally, if the crash results in a wrongful death, surviving family members may be entitled to pursue damages through a wrongful death claim.
Yes, Massachusetts has a statute of limitations that establishes a time limit for filing a lawsuit following a collision. Generally, you have three years from the date of the accident to file a personal injury lawsuit. However, it is crucial to consult with an attorney as soon as possible after the collision to ensure that all necessary evidence is preserved, witnesses are identified, and deadlines are met.
Walking around Cape Cod can be both an invigorating and relaxing experience, but pedestrians, unfortunately, face a greater risk of harm than people traveling by other means. If you are a pedestrian accident victim, you should confer with an attorney about some of the most frequently asked questions about pedestrian accidents. The skillful Cape Cod lawyers of The Law Offices of John C. Manoog, III, possess the resources and knowledge needed to present a winning case, and if we represent you, we will advocate zealously on your behalf. We regularly represent injured people in pedestrian accident lawsuits on Cape Cod, and we can also meet for consultations with clients in Plymouth and Hyannis. You can reach us at 888-262-6664 or through our online form to set up a meeting.