Traffic safety often depends on one critical question: who has the right of way? In Massachusetts, determining whether a driver turning at an intersection or a pedestrian crossing the street has priority can be confusing. State law sets clear rules, but everyday scenarios can make the issue less straightforward. Knowing these rules not only helps prevent accidents but also clarifies liability if a collision occurs.

Massachusetts Right of Way Laws for Pedestrians

Pedestrians generally receive strong legal protection in Massachusetts. State law requires that drivers yield to pedestrians in crosswalks, whether those crosswalks are marked or unmarked. This applies when the pedestrian is already in the crosswalk or about to enter it.

Crosswalks and Traffic Signals

If a pedestrian is crossing with a “walk” signal, drivers must yield, even when turning right on red or left at a green light. Conversely, if the pedestrian crosses against a “don’t walk” signal, they are violating the law and may be held partly responsible for any accident.

Unmarked Crosswalks

At most intersections, even if there are no painted lines, the law considers the area connecting sidewalks to be a crosswalk. A turning vehicle must stop for a pedestrian walking across at that location.

Pedestrian Duties

Pedestrians also have responsibilities. They cannot suddenly step off a curb into the path of a vehicle so close that the driver has no chance to stop. Additionally, crossing outside of designated crosswalks—known as jaywalking—shifts some of the responsibility onto the pedestrian.

Vehicle Duties When Turning in Massachusetts

Drivers making turns must exercise extra caution because pedestrians are often in their path. Massachusetts law places specific obligations on turning vehicles.

Right Turns

When turning right at an intersection, especially on a red light, drivers must yield to pedestrians crossing the street they are turning into. Failing to look both ways before turning is a frequent cause of collisions.

Left Turns

Left-hand turns are riskier because the driver must cross opposing traffic while also watching for pedestrians. Even when the driver has a green light, they must yield to pedestrians crossing in the same direction.

Yielding at Intersections

In every case, the vehicle must wait until the pedestrian has safely crossed before completing the turn. This includes situations where the driver may feel pressure from other vehicles behind them. The law prioritizes pedestrian safety over driver convenience.

Comparative Negligence in Massachusetts

Massachusetts follows a modified comparative negligence system. This means that after an accident, both the pedestrian and the driver may share fault. If the pedestrian is found less than 51 percent responsible, they may still recover damages, although their award will be reduced by their percentage of fault. For example, a pedestrian who crossed outside the crosswalk without looking but was hit by a speeding driver might be deemed 30 percent responsible, reducing compensation but not eliminating it.

Common Accident Scenarios

Driver Fails to Yield

One common scenario is a driver making a right turn on red who only checks for vehicles and forgets to look for pedestrians. If a pedestrian is struck in the crosswalk, the driver will likely be considered at fault.

Pedestrian Crossing Against Signal

If a pedestrian crosses on a “don’t walk” signal and a driver turning left hits them, both may share responsibility. Courts would weigh the driver’s obligation to remain alert with the pedestrian’s duty to obey signals.

Shared Fault at Night

Collisions often occur at night when visibility is low. A driver turning without properly checking for pedestrians may be liable, but if the pedestrian wore dark clothing and crossed mid-block, fault could be divided.

Statistics Highlight the Risks

According to recent data from the Massachusetts Department of Transportation, pedestrians account for nearly 20 percent of all traffic fatalities in the state. Intersections are particularly dangerous, with left-turn accidents causing a disproportionate share of pedestrian injuries. National studies also show that failing to yield during turning maneuvers is one of the top contributors to pedestrian crashes.

Safety Tips for Drivers and Pedestrians

For Drivers

• Always check both sides before turning, even on green lights.
• Slow down when approaching intersections.
• Never assume a pedestrian will stop, even if they are jaywalking.
• Be especially cautious in school zones and residential neighborhoods.

For Pedestrians

• Use designated crosswalks whenever possible.
• Wait for the “walk” signal and avoid crossing against traffic lights.
• Make eye contact with drivers before stepping into the street.
• Stay alert—distracted walking can be as dangerous as distracted driving.

Legal Implications After an Accident

When an accident occurs, liability is determined by examining who had the right of way and whether both parties exercised reasonable care. Police reports, witness testimony, traffic camera footage, and expert analysis all play a role. Because Massachusetts law requires drivers to carry personal injury protection (PIP) insurance, some medical expenses may be covered regardless of fault, but more serious injuries often lead to claims or lawsuits to recover additional damages.

Conclusion

In Massachusetts, the rules governing right of way between turning vehicles and pedestrians are designed to put safety first. Pedestrians generally have priority, particularly in crosswalks, but they must also follow signals and use reasonable caution. Drivers must remain vigilant when making turns, yielding until pedestrians have cleared the roadway. When collisions happen, comparative negligence rules determine how responsibility is divided. By understanding these laws and practicing safe habits, both drivers and pedestrians can reduce the risks at intersections and prevent life-changing accidents.

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