You were not expecting to be hit by a car when you were crossing the street but, unfortunately, it happens. Or, you may have fallen because of a defect in the sidewalk. You might have missed work due to your accident or even lost your job. Either way, your accident has disrupted your normal life.
If you or someone you love has been injured in a pedestrian-related case, contact the attorneys at The Law Office of Hans R. Hailey. We can help fight for the compensation you are owed.
Pedestrian Laws in Massachusetts
The first thing to know if you have been in a pedestrian accident is that if a car was involved, you are entitled to Personal Injury Protection (“PIP”) benefits. Also called “No-Fault” benefits, they pay the first $2,000 in medical expenses and up to an additional $6,000 in uninsured medical expenses (such as co-payments), as well as lost wages and replacement services.
All cars, in Massachusetts at least, are required to be insured. No-fault insurance is mandatory, not optional. If that car does not have insurance (perhaps it’s registered out of state), then any car in the pedestrian’s household will provide PIP benefits.
Your first priority if you have been hurt is to obtain the medical attention you need to recover from your injuries without worrying about medical expenses. Even if you have no medical insurance, at least the first $8,000 will be paid. That might be a start, but it may not cover most of your medical expenses.
If you were hurt because of a defect in the way, the law limits the amount that can be recovered to $5,000, unless the defect occurred on property not owned by a municipality or if the defect was not caused by the municipality. It would be wise to contact us as soon as possible to determine whether your claim might avoid the $5,000 limitation.
How a Pedestrian Injury Lawyer can Help
Although most pedestrian accidents are caused by the driver’s negligence, insurance companies will often try to blame the pedestrian. We may need to view the scene, take photographs or obtain witness statements. To maximize the chance of making a successful claim, we must determine if the driver was negligent. Contacting a pedestrian accident attorney at The Law Office of Hans R. Hailey can help you fight to prove that you were not at fault.