Pedestrian Injury Lawyer

Seeking Full Compensation for Clients and Their Families Who are Injured or Killed in Tewksbury, Lowell, Andover, Billerica, Burlington, and the Surrounding Communities

The roads in and around Lowell, Tewksbury, and the surrounding areas in Massachusetts are often congested with motorists, which presents safety issues for pedestrians. This safety risk is often compounded due to the lack of understanding by many motorists regarding the rules of the road; specifically, that pedestrians often have the right of way.  Instead, many motorists drive under the impression that pedestrians should be responsible for the motorists, and thus such drivers often refuse to yield the way to pedestrians.  Such driving often results in both pedestrian collisions and near misses, as drivers refuse to yield to pedestrians.

If You Have Been Injured, or if a Family Member Has Been Killed Due a to a Negligent Driver, Please Call Me

I offer full service injury and wrongful death representation, including contingency fee representation (no fees unless you recover compensation), the advancement of costs in most cases so that you will not need to come out-of-pocket for court costs and expert fees while your case in progressing, and (most importantly), the attention that you and your family deserve.

Please Feel Free to Call Me at (978) 851-5145 for a Free Consultation, and to Learn About Your Options for Seeking Recovery from Those Responsible

I offer –

  • Full service representation, including help with dealing with insurance companies and medical providers.  If you’ve been injured, your focus should be on recovering, not on dealing with insurance companies and medical bills. 

As part of my representation, I help clients with contacting insurance companies, making claims for benefits (including seeking short and long-term compensation available under applicable policies), documenting costs and damages incurred, and answering client questions, in addition to working to prove damages and liability.

  • The Advancement for Costs for Litigation Expenses and Expert Fees.  During the litigation process, costs and expenses are incurred for matters such as court filings, depositions, and experts.  I and my firm typically advance these costs on behalf of clients so that they do not need to pay these costs as they are incurred (such costs are usually paid back out of settlement proceeds or jury verdicts).
  • Free Consultation and No Fee Unless You Recover.  I offer a free consultation so that you can ask questions about bringing a lawsuit, the strengths and merits of your case, and any other issues that you might have.  This consultation is also an opportunity to find out about your legal opportunities for seeking compensation from all those who may be liable for your damages.

Unless there is another agreement to the contrary, all cases are accepted on a contingency fee basis.  This means that as your lawyer, I am only entitled to a fee for my services if compensation is obtained on your behalf.  If no compensation is obtained, you will not owe me any money for my time.

If you have been injured or if a family member has been killed due to the fault of someone else in a pedestrian collision, I would invite you call my firm at (978) 851-5145.

Pedestrian Fatality Statistics

Tragically, pedestrian fatalities are on the rise.  According to the Governor’s Highway Safety Association, there were approximately 6,227 pedestrian deaths in the United States in 2018 (based upon reported fatalities for the first six months of that year).  Assuming that the number of fatalities for the year holds true when the final numbers are tabulated, this would be the most fatalities since 1990.

Pedestrian fatalities thus increased by approximately 51% since 2009, an alarming increase.  The number of pedestrian fatalities involving SUVs also increased by about 50% during the four-year period from 2013 to 2017, while pedestrian deaths from sedans increased by 30% during that same time period.  The dramatic increase in pedestrian deaths for SUVs likely is a combination of the increased number of SUVs on the road, as well as the increased danger posed by SUVs because of their higher profile, which leads to a more direct impact with a pedestrian’s entire body (especially including their head and chest), as opposed to only the lower half of their body.

Types of Injuries Suffered by Pedestrians

The injuries suffered by pedestrians in a pedestrian-vehicle crash tend to be catastrophic; often including broken bones, lacerations, paralysis, traumatic brain injury, and even death.  In severe injury cases, it’s important to obtain experienced personal injury counsel who will do the painstaking work in order to obtain a full recovery for both past and future damages.

Can I Recover for Future Damages in a Pedestrian Injury Case?

Yes.

Under Massachusetts law, and the laws in other states, when a lawsuit is brought all damages must be asserted at that time.  There is no “second chance” to seek additional compensation later if it turns out that the injuries were worse than expected.

When severe injuries occur, such as paralysis or a traumatic brain injury, the full extent of the damages can be in the millions, and can include –

  • Caregiver expenses, which may be required for a lifetime,
  • The loss of the ability to work
  • Future surgeries, including costs and pain and suffering
  • The loss of companionship with a spouse and the ability to enjoy physical activities with children
  • Other loss of lifestyle enjoyment

Every pedestrian injury case will be different.  In seeking full compensation when catastrophic injuries occur, medical, vocational, and life-planning experts may be required to assess the full needs of severely injured victims and for their care and other needs for the remainder of their life.

Under the law, future expenses, lost wages, medical and care costs, and pain and suffering are all recoverable if it can be shown that “more likely than not” such costs and damages will be incurred.  As a result, it is my role as an attorney to prove such injuries and damages in order to obtain full compensation.

Can I Sue if I Was Not in a Crosswalk When I Was Hit?

Yes.  Under the law a pedestrian accident victim does not have to be in a crosswalk when hit in order to sue.  In fact, they don’t even need to be crossing at an intersection when hit – they can even sue when hit while “jaywalking” (crossing the street in the middle of a block).

The key consideration is whether the driver was negligent in hitting the pedestrian.  Under the law, all drivers must operate vehicles in a safe manner.  This includes obeying the speed limit and traffic signs, driving prudently in bad weather, paying careful attention to the environment while they are driving.  Speeding, driving while intoxicated, and texting while driving, for example, all would be considered unsafe conduct which could lead to driver liability.

Is the City or Town Liable for a Pedestrian Accident?

Perhaps.

Cities, towns, and other municipalities all have a legal duty to ensure safe conditions for pedestrians.  Often, pedestrians are struck at night in areas in which there may be poor lighting, which can contribute to a crash.  In other cases, a pedestrian-vehicle collision may be in the same area as previous pedestrian-vehicle collisions.  When a municipality fails to make an area safe (such as by installing cross-walks and lights requiring vehicles to stop when a pedestrian is crossing), the municipality may be liable.

Additionally, municipalities may also be at fault when traffic control devices are not working properly, or when brush, trees, and other objects obstruct the view of drivers in areas where pedestrians actively cross streets.

The Pedestrian Collision Investigation

As soon as practical after a pedestrian collision, a thorough accident investigation should be conducted.  While the police will be conducting an accident investigation, their investigation will largely be restricted to determining whether a crime occurred, such as whether a driver was speeding.  If the driver involved was not breaking the law, the job of the police is typically done, as their investigation is not aimed at determining those who may be liable in civil proceedings for damages.

Conversely, my role is to determine all those who may be liable for damages, which may include both the driver as well as a town or city.  While the police report may be helpful if the driver was breaking the law, I will also want to know about matters such as traffic visibility (particularly the lighting of the location if the collision happened after dark), weather conditions, whether there were previous accidents at the same location, and other matters.

It is important that this investigation take place before conditions change, such as broken lights being fixed or shrubbery cut that may have blocked the view of a driver.  Skid marks and other accident debris also will be cleaned or disappear over time; therefore, it is important to make sure that an investigation takes place before this evidence is destroyed.

Please feel free to call my office to schedule your free consultation, and to learn about your options for recovery.


More Information About My Injury & Accident Practice

FAQs

I would invite you to call me at (978) 851-5145 or fill out the contact form below to schedule a meeting at your convenience.


What Clients Are Saying About Paul King

“I have used Attorney King personally and well as referred several of my clients to him. Without exception, Attorney King has under-promised and over-delivered on his work. That is to say, he tells his clients the truth of their cases, the real likelihood of success or failure and then proceeds to meet or exceed those expectations with a passion and professional expertise I have rarely seen.”

Google Review 5 Stars – A.O.

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