Hit by a Car in Boston? A Guide to Your Rights as a Pedestrian

You’re walking through the Back Bay, heading to the Public Garden, or perhaps just crossing a busy street in Dorchester when the unthinkable happens. In a split second, you become a pedestrian hit by car Boston drivers weren’t watching out for. Your world turns upside down. Between the physical pain, the mounting medical bills, and the sheer shock of the event, it’s easy to feel overwhelmed and alone.

Fortunately, you don’t have to navigate this journey by yourself. At Joel H. Schwartz, P.C., we have spent over 60 years helping people just like you get back on their feet. We know the local streets, we know the local courts, and we certainly know how to hold negligent drivers accountable.

Massachusetts has very specific laws designed to protect those of us traveling on foot. Understanding these rights is the first step toward your recovery. Here’s what you need to know about your legal standing and how a Boston pedestrian accident lawyer can help you secure the compensation you deserve.

Understanding Massachusetts Pedestrian Laws

Boston is often called a “walking city,” but our roads can be incredibly dangerous. Massachusetts pedestrian laws are clear about who has the right of way, yet accidents happen every single day because of distracted or aggressive driving.

According to Massachusetts General Laws Chapter 89, Section 11, drivers must yield the right of way to a pedestrian crossing within a marked crosswalk. If a vehicle is stopped at a crosswalk to allow a pedestrian to cross, it is illegal for another driver approaching from the rear to overtake and pass that stopped vehicle.

Drivers must also slow down when approaching a pedestrian who is in the roadway, regardless of whether there is a crosswalk. Essentially, the law recognizes that a 4,000-pound vehicle can do a lot more damage than a person on foot. Drivers have a “heightened duty of care” to avoid collisions whenever possible.

The Pedestrian’s Bill of Rights

When you are injured on the road, you aren’t just a “victim.” You are a person with legal entitlements. We believe every injured person should understand their fundamental rights.

1. The Right to a Safe Crossing: You have the right to expect drivers to obey traffic signals and yield in crosswalks.
2. The Right to Medical Coverage: Under Massachusetts “no-fault” rules, you have immediate access to Personal Injury Protection (PIP) benefits, regardless of who caused the crash.
3. The Right to Full Compensation: If a driver’s negligence caused your injuries, you have the right to seek damages for pain, suffering, lost wages, and future medical needs.
4. The Right to Evidence: You have the right to obtain police reports, witness statements, and any available surveillance footage of the incident.
5. The Right to Legal Advocacy: You have the right to hire a Boston pedestrian accident lawyer to handle the insurance companies while you focus on healing.

Are You More Confused Than Ever?

It is completely normal to feel lost after an accident. You might be wondering, “Who pays my hospital bills?” or “What if I was outside of the crosswalk?” Insurance adjusters might already be calling you, trying to get you to sign papers or give a recorded statement.

Here’s the thing: you should never sign anything without talking to an attorney first. The insurance company’s goal is to pay you as little as possible. Our goal is the exact opposite. If you’re feeling stuck, are you more confused than ever about your accident? We can clear up that confusion in a single phone call.

The 51% Rule: Can You Still Recover?

A common myth is that if you weren’t in a crosswalk (jaywalking), you can’t recover any money. That is simply not true in Massachusetts.

Our state follows a “modified comparative negligence” rule. This means you can still recover damages as long as you were not more than 50% at fault for the accident. If a jury decides you were 20% responsible because you were distracted, but the driver was 80% responsible because they were speeding, you can still collect 80% of your total damages.

This is why gathering evidence is so vital. We look at everything from 5 important road crash statistics to local traffic camera data to prove the driver was the primary cause of the crash.

Serious Injuries Require Serious Experience

Being a pedestrian hit by car Boston often results in catastrophic injuries. Unlike people in cars, pedestrians have zero protection. We frequently handle cases involving:

• Traumatic Brain Injuries (TBIs)
• Spinal cord damage and paralysis
• Complex bone fractures
• Internal organ damage
• Severe “road rash” and permanent scarring

These aren’t just “minor incidents.” They are life-altering events. When the stakes are this high, you need a firm that knows how to handle high-value cases. We have recovered over $500 million for our clients because we know how to calculate the true cost of a serious injury. We don’t just look at today’s bills; we look at the care you will need ten years from now.

If you’re wondering about the potential value of your claim, you can learn more about how much is my case worth on our detailed resource page.

What to Do Immediately After the Accident

If you are reading this shortly after your accident, please take these steps to protect your health and your legal rights:

• Call 911: Ensure a police report is filed. This is a crucial piece of evidence.
• Seek Medical Care: Even if you feel “okay” now, adrenaline can mask serious injuries like internal bleeding or concussions.
• Document the Scene: If you are physically able, take photos of the car, the road conditions, and your injuries.
• Identify Witnesses: Get names and phone numbers. Their independent accounts can make or break a case.
• Call Us: The sooner we start investigating, the better. Evidence like tire marks or store security footage can disappear quickly.

Why Joel H. Schwartz, P.C. is the Right Choice

You see the billboards and the TV commercials for “big” law firms. But there is a reason Joel H. Schwartz, P.C. has flourished for over 60 years in this community. We provide a level of personal attention that those “settlement mills” simply can’t match.

• 60+ Years of History: We aren’t a new firm testing the waters. We have been a staple of the Boston legal community for generations.
• $500M+ Recovered: Our track record speaks for itself. We have the resources to take on the biggest insurance companies in the country.
• AV Preeminent Rating: This is the highest possible rating for legal ability and ethical standards, as judged by our peers in the legal profession.
• 185+ Years of Combined Experience: When you hire us, you are hiring a team with nearly two centuries of collective legal knowledge.
• 30,000+ Claims Handled: We have seen it all. No matter how complex your accident seems, we have likely handled something similar and won.

We treat our clients like neighbors, not file numbers. We understand that behind every case is a person trying to get their life back. Whether your accident happened during a summer road trip or a snowy commute to work, we are here to help.

Who Pays the Bills?

In Massachusetts, your medical bills are initially covered by Personal Injury Protection (PIP). This is part of the “no-fault” system. PIP typically covers the first $8,000 of medical expenses and a portion of lost wages.

However, $8,000 disappears very quickly after a hospital stay. Once that limit is reached, we look to the at-fault driver’s bodily injury insurance. If the driver was uninsured or underinsured, we may even be able to look at your own auto insurance policy for coverage. You can find more details on car accidents and medical bills: who will pay on our blog.

Contact a Boston Pedestrian Accident Lawyer Today

The road to recovery can be long, but you don’t have to walk it alone. If you were a pedestrian hit by car Boston roads made dangerous, let us carry the legal burden for you.

We offer a free, no-obligation consultation to discuss your case. You won’t pay us a dime unless we win your case. That is our promise to you. We are confident, we are experienced, and most importantly, we are on your side.

Don’t let an insurance company tell you what your life is worth. Reach out to the team at Joel H. Schwartz, P.C. today and let’s start working on getting you the justice you deserve.