Pedestrian Accident Settlements in Massachusetts
If you have been involved in a pedestrian accident in Massachusetts, understanding how the state's personal injury laws affect your claim is essential. Massachusetts follows the modified comparative fault (51% bar) system, and you have 3 years from the date of your injury to file a lawsuit.
Pedestrian Accident Settlement Range in Massachusetts
Nationally, pedestrian accident settlements range from $10,000 to $300,000. In Massachusetts, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.
Low
$10,000
Estimated
$45,000
High
$300,000
How Massachusetts Law Affects Your Pedestrian Accident Claim
Massachusetts uses a modified comparative fault system with a 51% bar and has no statutory cap on compensatory or non-economic damages in personal injury cases. The state's mandatory automobile insurance and no-fault PIP system affect how car accident claims are processed before a tort lawsuit can be filed. Boston is home to a highly active plaintiffs' bar, contributing to above-average settlement values.
Under Massachusetts's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.
Factors Affecting Pedestrian Accident Claims in Massachusetts
- ✓Driver speed and impairment at time of accident
- ✓Whether pedestrian was in a crosswalk or crosswalk area
- ✓Traffic signals and right-of-way compliance
- ✓Visibility and lighting conditions
- ✓Severity of orthopedic and neurological injuries
- ✓Hit-and-run status and uninsured motorist coverage
- ✓Victim's comparative fault
Common Pedestrian Accident Injuries
Relevant Massachusetts Statutes
- •Mass. Gen. Laws ch. 260, § 2A (statute of limitations)
- •Mass. Gen. Laws ch. 231, § 85 (modified comparative fault, 51% bar)
- •Mass. Gen. Laws ch. 140, § 155 (dog bite strict liability)
Pedestrian Accident Claims in Massachusetts Cities
If your pedestrian accident occurred in Boston, Worcester, Springfield, Cambridge, Lowell, or anywhere else in Massachusetts, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.