After being hit by a car, you may wonder how you’ll pay for treatment and missed time at work—especially if the driver was looking at a phone instead of the road. In Massachusetts, personal injury protection (PIP) benefits can help cover eligible medical bills and lost wages without requiring you to prove who caused the crash. You may also have a claim against the driver for losses PIP does not cover, including pain and suffering when the state’s legal requirements are met.
A personal injury claim depends on showing that the driver’s carelessness caused your injuries. Witness accounts, camera footage, and phone records may help establish whether distraction contributed to the collision. Where you were crossing, what both you and the driver were doing, and the available insurance coverage can also affect your options.
Key Takeaways: What Happens When a Distracted Driver Hits a Pedestrian in Massachusetts?
- PIP may help with initial expenses: Standard Massachusetts PIP coverage generally provides up to $8,000 in combined eligible benefits, subject to coverage rules and coordination with other benefits.
- Your percentage of fault matters: You can generally recover damages if you are 50 percent or less responsible for the collision. Your compensation is reduced by your share of fault.
- Distraction does not have to involve a phone: Texting, eating, adjusting navigation, or other activities that take a driver’s attention away from the road may support a negligence claim.
- Crosswalk laws provide specific protections: When traffic signals are absent or not operating, drivers must yield to pedestrians crossing within a marked crosswalk under the conditions described below.
- Different claims have different deadlines: An ordinary negligence lawsuit generally has a three-year deadline, but insurance claims and claims involving public entities may require action much sooner.
What Legal Options Does an Injured Pedestrian Have in Massachusetts?
Pedestrians injured by distracted drivers may have access to several sources of compensation, depending on the collision and available insurance:
- Seeking eligible personal injury protection benefits for covered medical expenses, lost income, and replacement household services without establishing fault.
- Filing a bodily injury liability claim with the negligent driver’s automobile insurer.
- Pursuing uninsured or underinsured motorist benefits when eligible under an applicable policy.
- Filing a personal injury lawsuit against a responsible party before the applicable deadline expires.
Settlement negotiations do not ordinarily stop the deadline for filing a lawsuit. If the insurance company has not offered an acceptable settlement, you may need to file suit to preserve your claim while negotiations continue.
How Does PIP Work for an Injured Pedestrian?
An injured pedestrian generally seeks PIP benefits through the insurer of the vehicle that struck them. Standard coverage generally provides up to $8,000 in combined covered benefits. This is a coverage limit, rather than an automatic payment of $8,000.
PIP can cover eligible medical expenses, up to 75 percent of qualifying lost wages, and certain costs of paying someone outside your household to perform necessary household tasks you cannot do because of your injuries.
If you have applicable health insurance, PIP generally pays the first $2,000 in eligible medical expenses before additional bills are submitted to your health insurer. Remaining PIP benefits may help cover eligible expenses your health insurance does not pay, subject to the overall limit. Coordination rules differ for some health plans and other benefits.
A PIP claim must be presented to the insurer as soon as practicable and within two years of the accident. Reporting the collision and submitting the requested claim information promptly can help avoid disputes over benefits.
Who May Be Liable When a Distracted Driver Hits a Pedestrian?
The driver is usually the primary party responsible when their distraction causes a pedestrian collision. To establish negligence, you must show that the driver failed to use reasonable care and that this failure caused your injuries and related losses.
For example, a driver who looks down to read a message and fails to see someone crossing may be responsible for the resulting collision. Evidence must connect the driver’s conduct to what happened; phone use alone does not automatically establish liability.
An employer may also be responsible if its employee caused the collision while performing work duties, such as making a delivery or running an errand for the business. Driving a commercial vehicle does not, by itself, establish the employer’s liability.
In some cases, a dangerous roadway condition or a malfunctioning traffic signal may raise questions about a public entity’s responsibility. These claims require a separate review because Massachusetts law limits when public entities can be held liable and imposes special deadlines.
For claims governed by the Massachusetts Tort Claims Act, written notice of the claim generally must be presented to an appropriate public official within two years. A lawsuit ordinarily must be filed within three years, after complying with the applicable procedures for denial of the claim.
Certain claims involving defects in public roads or crosswalks follow different rules, including a written notice deadline that can be as short as 30 days. The applicable requirements depend on the condition involved and the party responsible for maintaining it.
How Can a Pedestrian Prove the Driver Was Distracted?
Evidence of distraction may include witness accounts, surveillance footage, phone records, the driver’s statements, and observations documented during the police investigation. No single type of evidence is required in every case.
A pedestrian struck by a distracted driver in Massachusetts may be able to use phone records obtained through appropriate legal procedures to help establish device activity around the time of the collision. However, those records do not always show whether the driver was holding the phone or how the activity affected their driving. They must be considered alongside the other evidence.
Phone Use and the Massachusetts Hands-Free Law
Massachusetts’ hands-free law took effect in February 2020. It generally prohibits drivers from holding a mobile electronic device while operating a vehicle and restricts reading or viewing material on a device. Drivers age 18 and older may use devices in hands-free mode within the law’s limits. Drivers under 18 generally cannot use electronic devices while driving, even hands-free.
Illegal phone use may support a negligence claim when it contributed to the collision. However, a claim does not depend on proving a hands-free violation. Eating, reaching for an object, adjusting a navigation system, or another distraction may also cause a driver to miss a pedestrian. Even permitted device use does not relieve a driver of the duty to pay attention and drive safely.
Police Reports, Cameras, and Witnesses
An available police report can help document statements, observations, and citations from the initial investigation. It may not contain every relevant fact, and pursuing compensation does not depend solely on obtaining a report.
Nearby businesses, homes, or traffic systems may have recorded the collision or the moments before it. Footage can help show where the pedestrian was crossing, whether the driver slowed down, and how the collision occurred. Requesting preservation promptly matters because recordings may be overwritten.
Witnesses may also describe conduct that a camera did not capture, such as a driver looking down at a phone. Photographs of crosswalk markings, traffic signals, vehicle damage, and the surrounding area can help put those accounts in context.
Can the Pedestrian’s Conduct Affect the Claim?
Massachusetts follows a modified comparative negligence rule. Your damages are reduced by your percentage of fault. You can recover if your negligence is no greater than the combined negligence of the defendants against whom you seek recovery.
For example, if a jury determines that your damages are $100,000 and you were 20 percent at fault, the award would be reduced to $80,000 before any other applicable adjustments. If you were 51 percent at fault, recovery would be barred.
The party alleging that you were negligent has the burden of proving it. Crossing against a signal, stepping into traffic without looking, or looking at a phone while crossing may become relevant, but none of those circumstances automatically decides the case. A violation of a pedestrian safety rule is evidence to consider rather than an automatic bar to recovery.
Evidence of the driver’s speed, attention, opportunity to stop, and response to your presence can help establish how each person’s actions contributed to the collision.
What Crosswalk Protections Apply in Massachusetts?
When traffic signals are absent or not operating, Massachusetts law requires drivers to yield to pedestrians crossing within a marked crosswalk if the pedestrian is on the driver’s half of the roadway or approaching within 10 feet of that half from the opposite side. Drivers must slow down or stop when necessary to yield.
Drivers also may not pass another vehicle that has stopped at a marked crosswalk to let a pedestrian cross.
At signalized intersections, pedestrian signals, traffic controls, and the driver’s duty to use reasonable care must be considered.
Evidence showing where you were crossing can help establish whether the driver failed to yield. However, being outside a marked crosswalk does not automatically prevent you from pursuing a claim.
What Damages May Be Available After a Pedestrian Injury?
A successful claim may provide compensation for financial losses and the personal effects of an injury, including:
- Medical bills and rehabilitation expenses.
- Lost wages and reduced future earning capacity.
- Necessary future treatment or in-home assistance.
- Damage to personal belongings.
- Physical pain, emotional suffering, and loss of enjoyment of life, subject to Massachusetts’ motor vehicle injury rules.
Your claim should account for both expenses you have already incurred and future losses supported by the evidence. Medical records, treatment recommendations, employment records, and receipts can help document those amounts.
Massachusetts generally prevents a liability claim from duplicating losses recoverable through PIP. The medical expenses and lost wages included in the claim must therefore be evaluated alongside the PIP benefits available.
When Can a Pedestrian Recover for Pain and Suffering?
For covered motor vehicle injury claims, Massachusetts generally requires more than $2,000 in qualifying reasonable and necessary medical expenses before an injured person can recover for pain and suffering.
That expense threshold does not apply when a statutory injury exception is met. Exceptions include a fracture, loss of a body member, permanent and serious disfigurement, certain losses of sight or hearing, or an injury that causes death.
Meeting the threshold or an exception allows a claim for pain and suffering; you must still establish liability and support the claimed losses.
A daily pain journal may help document how the injuries affect sleep, mobility, work, and everyday activities. It should be accurate and consistent with your treatment and recovery.
Frequently Asked Questions About Pedestrian Claims Involving Distracted Drivers in Massachusetts
Does a Distracted-Driving Citation Guarantee Compensation?
A distracted-driving citation may help identify evidence supporting your claim, but it does not automatically establish fault or guarantee compensation.
The underlying facts matter, including what the driver was doing and whether that conduct contributed to the collision. You also need evidence connecting your injuries and claimed losses to the accident.
What If the Pedestrian Was Outside a Crosswalk?
Pedestrians crossing outside a marked crosswalk can still pursue a personal injury claim. The crossing location, applicable pedestrian rules, and both parties’ actions affect how fault is evaluated.
Drivers must use reasonable care to avoid colliding with pedestrians. If distraction prevented the driver from seeing you or responding in time, that conduct may support your claim. Any negligence attributed to you can reduce compensation or bar recovery under Massachusetts’ comparative negligence rule.
How Long Do You Have to File a Lawsuit in Massachusetts?
An ordinary negligence lawsuit arising from a pedestrian collision generally must be filed within three years. When the injury is immediately apparent, that period ordinarily runs from the accident date.
Rules addressing minors and other circumstances may affect the deadline. Claims involving public entities can also require earlier written notice, including notice within 30 days for certain public-way defect claims.
The lawsuit deadline is separate from insurance reporting requirements and the deadline for presenting a PIP claim. Speaking with a pedestrian accident lawyer in Massachusetts early can help identify the deadlines that apply and preserve evidence before it disappears.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You
At Brandon J. Broderick, Attorney at Law, we believe everyone deserves top-tier legal representation, regardless of their financial situation or the complexity of their case. You do not have to navigate this difficult time alone. We are committed to supporting you through every phase of the legal process, providing compassionate guidance when you need it most.
Our dedicated team is available 24/7 to listen to your story, review the circumstances of your case, and pursue the full compensation available under the law. Take the next step toward protecting your health, finances, and legal rights. Contact us today for a free, no-obligation legal consultation.