Pedestrians make Hyannis what it is. Whether locals are walking to a shift at Cape Cod Hospital, visitors are strolling down Main Street toward the harbor, or students are crossing Iyannough Road on their way to Cape Cod Community College, the town’s sidewalks and crosswalks are always in motion. Unfortunately, when a driver fails to yield or is distracted behind the wheel, that foot traffic can turn into tragedy in seconds.
Jeffrey Glassman Injury Lawyers has spent more than two decades standing up for injured pedestrians across Massachusetts. Our legal team combines courtroom experience with a deep understanding of state and municipal safety regulations to deliver results for the people who need them most. Below is a comprehensive guide to pedestrian-accident claims in Hyannis, from common causes and applicable laws to the strategies that put you in the strongest position for full recovery.
Why Pedestrian Collision Claims Demand Specialized Legal SkillA pedestrian has no crumple zone, no airbags, and no protective gear. Even a low-speed impact can result in catastrophic injuries, traumatic brain injury, spinal-cord damage, multiple fractures, or life-threatening internal bleeding. Because medical bills and future-care costs balloon so quickly, insurers defend these claims aggressively. They know the stakes. So do we.
Our Hyannis pedestrian-accident lawyers pursue every case with three core objectives:
Data from the Massachusetts Department of Transportation shows Cape towns experience a spike in pedestrian collisions between Memorial Day and Labor Day, when vehicle traffic nearly doubles. Frequent contributing factors include:
Distracted DrivingMassachusetts’ hands-free law (Mass. Gen. Laws ch. 90 § 13B) forbids drivers from holding or touching a device except for a tap or swipe. Violations create powerful evidence of negligence per se.
Speeding and Aggressive DrivingSpeed limits on Route 132 and Route 28 shift from 25 mph in downtown segments to 45 mph on the outskirts. Studies confirm that the risk of fatality for a pedestrian struck at 40 mph is roughly five times higher than at 25 mph.
Failure to Yield in CrosswalksUnder Mass. Gen.. Laws ch. 89 § 11, drivers must yield to pedestrians already in a marked crosswalk. Mid-block crossings near the Steamship Authority terminal rely on flashing beacons; ignoring them breaches the duty of care.
Low-Visibility ConditionsFog rolling off Nantucket Sound or late-afternoon sun glare can hide someone walking along Old Colony Road. Drivers, who fail to slow down in limited sight distances, are responsible for the resulting harm.
Alcohol and Drug ImpairmentOperating under the influence (Mass. Gen. Laws ch. 90 § 24) remains a leading cause of severe injury crashes, often justifying punitive damages for gross negligence.
The Legal Framework: Statutes and Doctrines Shaping Your ClaimStatute of LimitationsA pedestrian-injury lawsuit must generally be filed within three years of the crash (Mass. Gen. Laws ch. 260 § 2A). Surveillance footage and onboard vehicle data can disappear within days, making early investigation vital.
Comparative NegligenceMassachusetts’ modified comparative-fault rule (ch. 231 § 85) allows recovery so long as you are not more than 50 percent responsible. Adjusters often blame the victim: “You were outside the crosswalk.” Skilled counsel counters with expert analysis and eyewitness testimony.
No-Fault PIP Benefits vs. Bodily-Injury ClaimsPedestrians qualify for Personal Injury Protection (PIP) up to $8,000 for medical bills and lost wages through the vehicle’s insurer (ch. 90 § 34M). Serious injuries, fractures, significant disfigurement, or $2,000+ in medical costs cross the “tort threshold,” permitting a full bodily-injury claim that includes pain and suffering.
Municipal Liability for Unsafe WalkwaysDangerous signal timing or broken streetlights can share the blame. Claims against the Town of Barnstable must follow the Massachusetts Tort Claims Act: presentment within two years and a $100,000 damages cap (ch. 258). Precision and timing are non-negotiable.
Key Steps to Take After a Pedestrian Accident in HyannisDrone photogrammetry and Bosch CDR downloads yield time-distance analyses showing precisely when the driver should have reacted.
Medical CollaborationWe partner with Cape Cod and Boston neurologists, orthopedic surgeons, and vocational experts whose sworn opinions translate complex prognoses into jury-friendly language.
Economic-Damages ModelingMassachusetts imposes no cap on compensatory damages. Forensic economists model lifetime care, lost household services, and diminished earnings, factoring in inflation and present-value discounting.
Negotiation and Trial AdvocacyBecause we routinely take verdicts when offers fall short, insurers know a lowball strategy backfires. In 2024 alone, Jeffrey Glassman Injury Lawyers secured more than $30 million for pedestrian and cyclist clients statewide.
Frequently Asked QuestionsWhat if I Were Jaywalking?You may still recover damages as long as your share of fault does not exceed 50 percent. Drivers must exercise reasonable care everywhere on the roadway.
Can I Sue if the Driver Fled and Was Never Found?Yes. Uninsured-motorist (UM) coverage under your own auto policy, or that of a household member, steps in. These claims proceed to arbitration unless both sides agree to litigate.
How Long Will My Case Take?Straightforward claims may resolve in six to nine months. Contested liability or catastrophic injuries can extend timelines to two or three years, especially if trial and appeals are required.
Will My Immigration Status Affect My Case?No. Massachusetts courts generally exclude immigration status evidence as more prejudicial than probative. Everyone has the right to seek civil redress for personal injuries.
Why Choose Jeffrey Glassman Injury Lawyers for Your Hyannis Pedestrian Accident CaseInsurance companies are already strategizing to devalue your claim. A prompt consultation can level the playing field and lock down critical evidence before it disappears. Contact Jeffrey Glassman Injury Lawyers 24/7 for a free case review. Our Hyannis pedestrian-accident lawyers are ready to protect your rights, your health, and your future.
Jeffrey Glassman Injury LawyersOne International Place, 18th Floor
Boston, MA 02110
Phone: (617) 777-7777
Serving clients in Hyannis, Cape Cod, and across Massachusetts.