Every day, thousands of people walk through Massachusetts neighborhoods, business districts, and busy intersections. While most assume that drivers bear the greatest responsibility for safety on the road, pedestrians themselves also play a role. With smartphones and headphones becoming part of daily life, distracted walking has emerged as a real and growing concern. The question arises: if a pedestrian is distracted and gets injured in an accident, can they be held liable for their own injuries?
This issue is not just theoretical. Massachusetts law takes into account both driver and pedestrian behavior when assigning fault, and distracted walking cases highlight the complexities of negligence, personal responsibility, and legal recovery.
What is Distracted Walking?
Distracted walking occurs when a pedestrian is not paying full attention to their surroundings while crossing streets, walking near traffic, or navigating public areas. Common causes include:
- Texting or scrolling on a phone
- Wearing headphones and being unable to hear traffic or signals
- Talking on the phone or engaging in video calls
- Looking at GPS or other devices while walking
While these distractions might seem harmless, they can reduce reaction time and awareness, putting pedestrians at significant risk of injury. Pedestrian accidents involving distracted walkers often overlap with vehicle crashes, slips, or even collisions with bicycles or scooters. If negligence can be shown, liability questions become more complicated. For legal guidance in these matters, it’s important to consult a Massachusetts pedestrian accident lawyer.
Massachusetts law grants pedestrians certain protections, especially in crosswalks, but it also requires them to exercise reasonable care. According to Massachusetts General Laws Chapter 89, Section 11, drivers must yield to pedestrians lawfully within a crosswalk. However, pedestrians are also prohibited from suddenly leaving a curb and stepping into the path of an oncoming vehicle that cannot reasonably stop.
This means pedestrians cannot assume they have absolute right of way. If they are distracted and fail to follow safety rules, fault may be shared. Understanding this balance is key to determining liability after an accident.
Comparative Negligence in Massachusetts
Massachusetts follows a modified comparative negligence rule under Massachusetts General Laws Chapter 231, Section 85. This law states that an injured party can recover damages only if they are less than 51% at fault for the accident. If a pedestrian is found to be more than 50% responsible, they cannot recover any damages at all.
For example, if a distracted pedestrian stepped into a crosswalk while texting and was hit by a car, a jury might assign 30% fault to the pedestrian and 70% to the driver. If the total damages were $100,000, the pedestrian could recover $70,000 after the reduction. However, if the pedestrian was more negligent than the driver, say 60%, they would recover nothing.
Example of Distracted Walking in Massachusetts
In urban areas such as Boston and Cambridge, distracted walking has become so widespread that city officials have discussed public awareness campaigns. According to the Massachusetts Department of Transportation, pedestrian fatalities have risen in recent years, with distraction playing a significant role in many incidents. In 2023, approximately 22% of Massachusetts pedestrian accident reports cited distraction by either drivers or walkers as a contributing factor.
Consider a scenario where a college student wearing earbuds and scrolling through social media crosses Massachusetts Avenue without noticing the “Don’t Walk” signal. A driver, distracted by adjusting their GPS, strikes the student. In this case, both parties contributed to the crash. Courts would need to analyze how much fault lies with the pedestrian versus the driver, applying the comparative negligence rule.
When Pedestrians May Be Liable for Their Own Injuries
Although drivers generally carry more responsibility in pedestrian crashes, Massachusetts law does allow pedestrians to be held partly or fully liable in certain circumstances:
- Crossing outside a designated crosswalk (jaywalking) while distracted
- Ignoring traffic signals while using a phone or wearing headphones
- Suddenly stepping into the street without giving drivers time to react
- Walking while impaired by drugs or alcohol
- Entering areas restricted to vehicles without proper caution
If these behaviors are proven, insurance companies may reduce or deny compensation claims, citing negligence on the pedestrian’s part.
Legal Options for Injured Pedestrians in Massachusetts
Even if a pedestrian is partially at fault, they may still pursue compensation under comparative negligence. Compensation can include:
- Medical expenses (hospital bills, rehabilitation, ongoing treatment)
- Lost wages due to time away from work
- Pain and suffering
- Permanent disability or scarring damages
Insurance negotiations can be tough, especially if an insurer argues that distracted walking caused the injury. Having a Massachusetts pedestrian accident lawyer ensures that the pedestrian’s side of the story is properly presented and that fault is not unfairly exaggerated by the defense.
How Massachusetts Courts Assess Evidence in Distracted Walking Claims
Courts in Massachusetts evaluate distracted walking claims based on a wide range of evidence:
- Surveillance video or dashcam footage showing the pedestrian’s actions
- Cell phone records proving distraction at the time of the accident
- Witness testimony from drivers, passengers, or other pedestrians
- Police reports documenting pedestrian behavior
- Expert testimony on accident reconstruction
These factors help determine whether a pedestrian exercised “reasonable care” as required by law. Because both sides can argue negligence, a strong legal strategy is critical.
The Role of Legal Representation in Pedestrian Accident Claims
In Massachusetts, personal injury attorneys investigate distracted walking accidents to uncover all sources of liability and compensation. An attorney may demonstrate that while the pedestrian was distracted, the driver was speeding, intoxicated, or violating traffic laws, which may shift greater responsibility back to the driver.
Legal representation also ensures that insurance companies cannot unfairly shift blame onto the pedestrian simply because they were on their phone or wearing headphones. A pedestrian accident lawyer levels the playing field and protects the injured party’s rights.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Distracted walking accidents in Massachusetts are complex cases where liability is not always clear. Pedestrians may believe they are automatically protected by right-of-way laws. Still, comparative negligence rules mean that distracted behavior, like texting, listening to music, or ignoring traffic signals, can reduce or even eliminate their ability to recover damages. Drivers, too, may share fault if they were speeding, distracted, or violating traffic laws.
Whether you are a student injured while crossing a busy Boston street, a commuter hit outside a crosswalk, or a pedestrian struck while distracted in a residential neighborhood, you deserve to understand your legal rights. A Massachusetts pedestrian accident attorney can investigate your case, gather evidence, and fight for fair compensation even when liability is shared.
At Brandon J. Broderick, Attorney at Law, we stand with Massachusetts pedestrians who have been injured in these challenging circumstances. Our team is committed to holding negligent drivers accountable while ensuring that distraction does not unfairly erase your right to recovery.