Who’s Liable in a Springfield Pedestrian Accident?

A pedestrian accident can be a devastating incident, one that creates physical, emotional, and financial tolls that could follow you for years. Who is liable in a Springfield pedestrian accident, and therefore, must pay for the losses of the other? While the driver is often responsible for a pedestrian accident, the details of the case play a significant role in determining this. Talk to a Springfield personal injury lawyer about your case today.

Pedestrian Accidents Are Impacted by No-Fault Laws

Who is liable in a pedestrian accident in Springfield is, in part, dependent on the state’s compulsory coverage laws in Massachusetts. Drivers in the state must maintain personal injury protection (PIP), which covers medical expenses and up to 75% of lost wages up to $8,000 for the policyholder.

In a situation where the pedestrian does not have a PIP policy because they are not a driver, the policy covers any member of the driver’s household, including pedestrians. This means that, after a pedestrian accident, if the victim has PIP coverage or is covered under such a policy, their losses are covered up to the maximum.

Note that this does not always cover all of the losses a person suffers. In situations where the losses are far more, it may be necessary to seek a claim against the at-fault driver’s liability insurance or file a lawsuit.

Determining Fault in a Pedestrian Accident

If the situation leads to determining fault in the accident, a variety of factors are taken into consideration. Multiple parties could be held responsible for these types of accidents, depending on the evidence at the scene. Consider the following examples:

• The pedestrian could be at fault if they suddenly run out into the street, outside of a crosswalk. In situations like this, a driver may not have had the opportunity to see the pedestrian in time to avoid striking them.
• The driver of the car may be at fault if they had the opportunity to stop and failed to do so. For example, if the driver was distracted, driving recklessly, intoxicated, or fatigued, and struck a pedestrian in a crosswalk, the driver could be liable for losses incurred.
• Property owners may be held liable if the person walking was injured due to poor lighting, such as in a parking lot.
• The city may be held liable in some situations, such as if there is a broken sidewalk or a non-functioning crossing signal that contributes to the accident.

In these situations, victims benefit from working with a pedestrian accident attorney who will evaluate the situation and determine all parties at fault.

Comparative Negligence in a Springfield Accident

Another factor that contributes to liability in a Springfield pedestrian accident is comparative negligence. Victims can seek compensation for their losses as long as they hold no more than 50% of the fault in an accident.

Your damages are reduced by the percentage of fault you have. This can significantly lower the value of your claim in some situations.

Seeking the Help of an Attorney

For those who are pedestrian victims in Springfield, turning to a local attorney who can help you find evidence to hold those who hurt you accountable is a wise financial move. The key here is not to assume that the pedestrian was not at fault, but instead to gather evidence to support such claims.