Plymouth Pedestrian Accident Lawyers

Plymouth is a walkable coastal community whose downtown, harborfront, and Route 3 corridor all funnel significant foot traffic across busy roadways. Statewide data show that pedestrian deaths have been rising: of the 369 traffic fatalities reported in Massachusetts in 2024, 78 involved pedestrians, and more than one-third of those killed were age 65 or older. Local headlines underscore the trend. A January 7, 2025, crash on Route 3 sent a Plymouth pedestrian to the hospital with life-threatening injuries. Similar tragedies in nearby Hanson and Duxbury have drawn intense scrutiny from Plymouth County prosecutors.

Against this backdrop, Jeffrey Glassman Injury Lawyers provides the experience, investigative resources, and courtroom tenacity necessary to protect those who travel on foot. The following guide explains the legal landscape governing Plymouth pedestrian cases and the practical steps victims can take to safeguard their rights.

Under Mass. Gen.. Laws c. 90 §14, motorists must yield to a pedestrian who has begun to cross and must pass at a safe distance of at least four feet. Failure to stop can support a negligence per se claim because the statute sets a clear duty of care.

The same section now defines “vulnerable user” to include pedestrians, prohibiting drivers from overtaking them at unsafe speeds. The amendment recognizes that at a mere 25 mph, a pedestrian’s chance of survival drops dramatically.

Massachusetts follows a modified system: a pedestrian may recover damages so long as their share of fault does not exceed fifty percent. Any award is reduced by the plaintiff’s percentage of fault, making accurate scene reconstruction essential.

If a poorly maintained crosswalk or defective light controlled by a state agency contributes to an injury, the claimant must give written notice within thirty days, and damages are capped at $5,000 under ch. 84 § 15.

Pedestrian injury and wrongful-death actions generally must be filed within three years of the accident date under ch. 260 § 2A. Exceptions apply for minors or latent injuries, but delaying can compromise evidence.

• Vehicles turning left across Court Street while a “Walk” signal is active
• Tour buses reversing near the waterfront’s narrow lanes
• High-speed impacts on Route 3 and Long Pond Road, where lighting is poor after dusk, are a time window responsible for thirty-five percent of statewide pedestrian deaths between 2018 and 2022.
• Distracted drivers exiting shopping-center lots on Pilgrim Hill Road
• Neighborhood cut-through traffic that fails to see children stepping off school buses

Each fact pattern demands a tailored investigative approach, subpoenaing traffic-camera footage, retrieving “black box” speed data, or canvassing storefronts for security video, before crucial evidence disappears.

Pedestrian impacts rarely occur below bumper height, concentrate force on the legs and torso, and often throw the victim onto the windshield or pavement. The result can include:

• Complex tibia-fibia fractures requiring external fixation
• Traumatic brain injury from secondary ground impact
• Spinal burst fractures leading to paralysis
• Life-threatening internal bleeding

These injuries entail lengthy hospital stays at Beth Israel Deaconess–Plymouth, followed by home modifications, vocational retraining, and psychological counseling. The full life-care cost must be documented by experts, not guessed.

Massachusetts law allows victims to pursue both economic and non-economic losses:

• All past and future medical bills, including prosthetics and mobility aids
• Lost wages and diminished earning capacity, calculated through forensic economists
• Pain, suffering, and loss of enjoyment of life
• Scarring and disfigurement damage
• Wrongful-death benefits for surviving family members, such as funeral costs and loss of consortium

Punitive damages are rare and limited to wrongful-death cases involving gross negligence or willful misconduct.

Minimum auto-policy limits rise to $25,000/$50,000 on July 1, 2025, offering slightly more protection but still insufficient for catastrophic trauma.

Pedestrians can often tap the UIM coverage on a vehicle policy in their household. Coordinating multiple policies requires meticulous notice and exhaustion steps, or coverage can be forfeited.

Even at a modest $8,000 limit, MedPay provides immediate cash-flow relief without determining fault, buying time for a lawsuit to mature.

Insurers often argue that a pedestrian “darted” into the roadway or wore dark clothing, invoking the comparative negligence rule. Successful counter-strategies include:

• Illuminance tests show streetlights failed to meet engineering standards
• Smartphone extractions proving the driver was texting
• Expert human-factors testimony explaining that a crosswalk’s faded markings diminished expectancy cues

When the evidence tips below fifty-one percent pedestrian fault, the right to recovery is preserved.

Settlements in Plymouth County pedestrian claims can range widely. Publicly reported results show cases exceeding a million dollars for severe head and leg injuries. Key factors influencing value:

• Ratio of medical expenses to policy limits
• Permanency of disability and need for lifelong care
• Credibility and likeability of both the plaintiff and the defendant driver
• Venue: Plymouth Superior Court, juries have historically returned strong verdicts for serious injuries

Unlike “average settlement” online calculators, whose lack of context is well-criticized by commentators, our firm builds a custom damages model grounded in economic and medical evidence unique to each individual’s particular case circumstances.

Document every symptom, even if mild, to avoid later causation disputes.

This triggers the State Police accident-reconstruction unit for major crashes on Route 3.

Impact marks and reflectivity become demonstrative exhibits for the jury.

Insurers may appear sympathetic, but are often adversarial. Speak with a lawyer prior to providing a recorded statement.

Prompt investigation often yields surveillance footage or witness statements that vanish within days.

• Decades of exclusive focus on personal-injury law rooted in Boston and the South Shore
• A litigation team that includes former insurance defense counsel who know carrier tactics
• Contingency-fee representation, no legal fee unless we secure compensation
• State-of-the-art courtroom technology and 3-D accident reconstruction models that transform complex physics into persuasive visuals
• Personalized client care: transportation to medical appointments, advance on litigation expenses, and multilingual staff

Our track record and process not only advance individual cases but also promote safer streets by holding negligent actors accountable.

Simple fractures may settle within nine to twelve months once treatment ends. Catastrophic injuries frequently require litigation through discovery and expert depositions, extending the timeline to two or more years if trial becomes necessary.

Not automatically. Massachusetts allows recovery if your fault remains at or below fifty percent, and drivers still owe duties of reasonable care. Comparative negligence merely reduces damages proportionally.

Unidentified-motorist claims can proceed under your own uninsured-motorist coverage. Prompt police reporting and scene investigation are vital to verify a phantom vehicle.

For typical negligence cases, no statutory cap applies. Only roadway-defect claims against governmental entities face a limit under ch. 84.

If you or someone you love was injured while walking in Plymouth or anywhere on the South Shore, reach out to Jeffrey Glassman Injury Lawyers for a free, confidential consultation. Early involvement can preserve evidence, maximize insurance coverage, and put your recovery on the strongest legal footing.

Jeffrey Glassman Injury Lawyers
One International Place, Boston, MA 02110
Phone: 617-777-7777 | 24-Hour Hotline

The road to healing starts with informed action. Let our experience guide you there.