he consequences of a pedestrian accident where the pedestrian is struck by a car or other motor vehicle, is exceptionally traumatic and frequently results in serious personal injuries or death. Massachusetts pedestrian laws strive to prevent these pedestrian accidents from occurring. If you are a Massachusetts pedestrian who has been injured in a walking accident, you may be entitled to sue for compensation for your injuries.
Massachusetts Pedestrian Rights Inside a Marked Crosswalk
In Massachusetts, pedestrians typically have the right-of-way, but this is not absolute and pedestrians are expected to exercise caution when crossing a street. Likewise, Massachusetts pedestrian laws assert that signals or lights set at crosswalks should always be obeyed.
When a driver is approaching a pedestrian signal that is not working or is not present, that driver is expected to adhere to certain safety measures when:
o The pedestrian is crossing inside the half of the crosswalk that the driver is crossing; OR
o The pedestrian is within 10 feet of where the vehicle is turning.
Listed below are some of the actions that a driver should take in order to avoid a pedestrian accident at a crosswalk with a non-functioning signal:
o Yield the right of way;
o Slow down;
o Stop, if appropriate
One very important caveat; a vehicle may not pass another vehicle that has stopped to permit a pedestrian to cross the roadway until there is enough space for the pedestrian to safely cross and the traffic control signal allows for progression.
A driver who violates these critical Massachusetts pedestrian safety measures is subject to a fine. If a pedestrian is injured by an automobile inside a marked crosswalk, Massachusetts pedestrian laws call for the proper authorities to investigate the pedestrian accident in order to determine fault.
The investigating agency should issue a civil or criminal citation to the negligent driver. If you have been injured by a negligent driver in a Massachusetts pedestrian accident, you can use that evidence in your Massachusetts personal injury lawsuit against the driver of the automobile.
Massachusetts pedestrian laws offer additional protection for blind or partially-blind pedestrians by requiring that drivers always come to a complete stop when a visually impaired pedestrian is in the crosswalk.
Establishing Liability in a Massachusetts Pedestrian Accident
In consideration of their disability, a blind or partially-blind person cannot be cited for contributory negligence in a pedestrian accident whether or not they were carrying a cane or using a guide-dog in the crosswalk.
Additionally, it is important to consider if there was a problem with the crosswalk itself. For instance, was the crosswalk insufficient or improperly designed? If so, the public entity responsible for maintaining the crosswalk might also share liability in the pedestrian accident.
If you are a pedestrian who was seriously injured in a pedestrian accident in Massachusetts, it’s important to contact an experienced Massachusetts personal injury lawyer who has successfully handled pedestrian accident cases similar to yours.