In 2021, a shocking 17% of all traffic deaths were pedestrians, according to the National Highway Traffic Safety Administration (NHTSA). As this number increases in the spring and summer when more people are outside, it’s important to look at how these incidents occur and who may be responsible for them.
Keep reading to explore how pedestrian accident victims in Massachusetts and New Hampshire can identify potentially liable parties and what to do when it’s a city or municipality.
Identifying Liable Parties
After getting medical care, the next step following a pedestrian accident is to identify potentially responsible parties. For a person or entity to be liable for your collision, all of the following must be true:
- They had a duty to use reasonable caution to ensure your safety
- They breached that duty either with action or inaction
- The breach directly resulted in an accident
- The accident directly resulted in your injury
- Your injuries directly resulted in damages
Gathering evidence of each element is crucial for a successful claim. That might look like proving they broke a traffic law like running a red light and that if they had stopped, they wouldn’t have hit you. Then, you would illustrate how the collision caused your specific injuries and how much it cost to receive medical treatment.
Can I Sue More Than One Responsible Party?
Almost always, the first defendant in a pedestrian accident case will be the driver of the vehicle who hit the victim. There is usually something they could or should have done differently to avoid the collision. Sometimes, other parties may be considered at fault, such as the city that maintains the road or rarely, the pedestrians themselves.
When a Municipality May Be Responsible for a Pedestrian Accident
You may wonder how a city itself could be responsible for a pedestrian accident. For instance, say your city didn’t fix a broken crosswalk sign they were notified about for several hours or even days. If your accident occurred during this time, the city’s failure to mitigate a known hazard could be considered the cause of the collision or at least a contributing factor depending on the circumstances.
Establishing that the city owes its pedestrians a duty of care is relatively easy, but you would also need to prove the other four elements to have a successful claim. This includes evidence that the city knew or should have known about the broken sign, had time to fix it and didn’t, and that the accident wouldn’t have happened if the sign were working properly.
Furthermore, you need to show how the accident caused your injuries and what expenses you incurred as a result of those. This may seem redundant, but you can be sure that the other side will try to argue that your injuries were caused by something else or that the damages are less than what you say.
How to Pursue a Claim Against Your City
Going up against a city’s legal team can be intimidating, but this can be an effective way to secure the fair compensation you and your family deserve. Municipalities often have extensive insurance policies in place to cover situations like these so the city itself doesn’t have to pay damages out of its own budget.
That said, towns aren’t necessarily eager to admit fault and it can be tricky to work around city officials and their friends and business partners who may be looking out for them. This is why having a qualified pedestrian accident attorney on your side is critical.
Your lawyer will ensure that your evidence is heard and you are treated fairly under the law. They can also field phone calls and work directly with the city or their representatives so you can focus on recovery.
How Mazow | McCullough, PC Can Help You
If you or someone you love were hit by a car while walking, you could be eligible for compensation to cover any medical bills and time spent out of work due to your injuries. Other financial restitution may also be available if you can show substantial pain and suffering after the accident or that the at-fault party was grossly or purposely negligent.
The experienced New Hampshire and Massachusetts pedestrian accident attorneys will advocate for the best outcome possible, so you can get the funds you need to cover the many expenses that come with recovery. Contact us today at (978) 744-8000 or toll free at (855) 693-9084 to schedule a consultation or to get answers to important questions about your case.
