Brockton Pedestrian Accident Lawyer

Walking should be the safest and simplest way to get around Brockton. Yet, each year, pedestrians are struck by motor vehicles on busy corridors such as Main Street (Route 28), Montello Street, Belmont Street (Route 123), and near the Brockton MBTA commuter rail station. According to the Massachusetts Department of Transportation, more than a thousand people on foot are injured in collisions statewide annually. When the unthinkable happens, our Brockton personal injury team at Jeffrey Glassman Injury Lawyers stands ready to fight for full compensation, accountability, and safer streets.

Unlike many generic legal sites, this guide is written for people living, working, or visiting Brockton. It explains your rights as a pedestrian, the laws drivers must follow, and how our focused legal team can help you rebuild your life after a crash. Nothing here is legal advice for your case, but it will give you the background to make informed choices.

Massachusetts law views pedestrians as “vulnerable road users.” Several statutes create special protections and strict duties on drivers when someone is walking, jogging, or using a wheelchair:

• Right of way in crosswalks: Under M.G.L. c. 89 § 11, drivers must yield to a pedestrian in or stepping into a marked crosswalk when the signal permits crossing.
• Safe passing distance: The 2023 Vulnerable Road User Safety Act requires a minimum four-foot buffer when a motor vehicle overtakes or passes someone on foot, a bicycle, or another non-motorized device.
• General duty of care:G.L. c. 90 § 14 prohibits driving “to endanger.” Courts interpret this broadly to include always keeping a proper lookout for pedestrians.
• Comparative negligence: Massachusetts follows a 50-percent modified comparative-fault rule (M.G.L. c. 231 § 85). If a pedestrian is found less than 51 percent responsible, damages are reduced by that percentage but not barred altogether.
• Statute of limitations: You generally have three years from the date of injury (M.G.L. c. 260 § 2A) to file a civil lawsuit. Shorter deadlines apply to claims against a city or state agency (presentment within two years under the Massachusetts Tort Claims Act).

While every collision is unique, our attorneys routinely see fact patterns that include:

• Driver distraction, texting, dialing, or using navigation apps.
• Failure to yield when turning left across a crosswalk.
• Speeding on multilane arterials like Belmont Street and Centre Street.
• Impaired driving from alcohol, cannabis, or prescription drugs.
• Back-up incidents in the store parking lots along Crescent Street.
• Night-time visibility issues on poorly lit residential roads.
• Dangerous bus stops near the BAT Centre.

Knowing the most frequent triggers helps our legal team collect the proper evidence, traffic camera video, phone records, and event data recorder downloads, to prove negligence.

A person’s body is no match for two tons of steel traveling 25 mph. Injuries are often catastrophic:

• Traumatic brain injuries, from concussions to diffuse axonal injury.
• Spinal-cord damage leads to partial or complete paralysis.
• Multiple fractures, particularly to the lower extremities.
• Internal organ damage and life-threatening hemorrhage.
• Severe road rash and degloving injuries requiring skin grafts.
• Psychological trauma, including post-traumatic stress disorder.

Medical bills can reach hundreds of thousands, and the need for future care, adaptive equipment, home modifications, and vocational retraining can dwarf initial treatment costs. Establishing the actual lifetime value of a claim is one reason injured pedestrians need an experienced legal team.

Your health and legal rights depend on quick, deliberate steps:

• Call 911 and request police and EMS; ensure a crash report is created.
• Use your phone to photograph vehicle plates, skid marks, and traffic signals.
• Obtain contact information for drivers and all witnesses.
• Seek emergency medical evaluation even if you feel “okay.” Adrenaline can mask serious injuries.
• You must notify your auto insurer (yes, even though you were on foot) within 24 hours to invoke Personal Injury Protection (PIP) benefits, which cover up to $8,000 in medical bills and lost wages.
• Politely decline detailed statements to the at-fault driver’s insurance company until speaking with an attorney; simply provide name, address, and insurer.
• Contact Jeffrey Glassman Injury Lawyers as soon as practicable so that evidence is preserved.

Pedestrian collisions differ from typical fender-benders:

• Injury severity is higher, raising the stakes and the likelihood of insurance pushback.
• Multiple coverage layers, driver PIP, your own PIP, Bodily Injury, and Underinsured Motorist must be identified and coordinated.
• Comparative-fault arguments are common; insurers may blame you for “darting out” or wearing dark clothing.
• Municipal liability (potholes, failed signal timing) requires notice letters and special procedural hurdles.
• Complex life-care plans and vocational assessments are often essential to prove damages.

A lawyer who regularly handles pedestrian cases can anticipate these challenges, marshal the right experts, and negotiate from a position of strength.

Jeffrey Glassman Injury Lawyers' approach is relentless and detail-driven:

• Investigators should be deployed to secure surveillance footage from nearby stores and MBTA cameras before it is overwritten.
• Download black-box data from involved vehicles to show speed and braking delta-V.
• Work with accident-reconstruction engineers who map the scene with 3-D laser scans.
• Subpoena cell-phone provider logs to establish driver distraction.
• Retain medical specialists to provide narrative reports and courtroom testimony.
• Craft day-in-the-life videos demonstrating the collision’s impact on everyday activities.
• Prepare every case for trial, which maximizes settlement leverage.

Massachusetts law allows a pedestrian to pursue compensation for:

• Medical expenses, past and projected future costs.
• Lost wages, reduced earning capacity, and job retraining.
• Pain and suffering, including emotional distress and loss of enjoyment of life.
• Scar and disfigurement damages under M.G.L. c. 231 § 6 B.
• Loss of consortium for spouses and, in some cases, minor children.
• Punitive damages in wrongful death cases where the defendant’s conduct was willful, wanton, or reckless (M.G.L. c. 229 § 2).

Because Massachusetts is a no-fault state, the pedestrian’s initial medical bills are paid by the insurer of the vehicle that struck them, or by the pedestrian’s auto policy if they have one. Key points:

• PIP caps at $8,000 unless the victim carries additional MedPay.
• If medical expenses exceed $2,000 or the injury causes severe loss of body function, you may file a third-party Bodily Injury claim against the at-fault driver.
• Uninsured/Underinsured Motorist (UM/UIM) coverage can be tapped if the driver lacks sufficient limits.
• Health insurance becomes primary once PIP is exhausted, but liens must be repaid from any settlement; our attorneys negotiate reductions to maximize net recovery.

When a pedestrian is killed, the executor of the estate may bring a wrongful-death action in Superior Court. Massachusetts allows recovery of:

• Reasonable funeral and burial expenses.
• Loss of reasonably expected net income to statutory beneficiaries.
• Loss of companionship, advice, and guidance to the surviving family.
• Conscious pain and suffering endured by the decedent between injury and death.

The filing window remains three years, but time is of the essence to preserve roadway evidence and eyewitness memories.

• Standard cases: Three years from the date of the accident.
• Minor children: The clock does not start until the child turns 18, but claims against municipalities maintain shorter notice deadlines.
• City or state defendants: The appropriate executive officer must be served with a written presentment within two years, and the lawsuit must be filed within three.
• Missing these deadlines almost always bars recovery; do not delay contacting counsel.

• Proven track record securing multi-million-dollar results in pedestrian and cyclist cases.
• Deep knowledge of Plymouth County juries and courtroom procedures.
• Bilingual staff and 24/7 availability for hospital or home visits.
• Cutting-edge forensic resources and a network of medical specialists.
• No-fee guarantee, you pay nothing unless we win.

Our firm is less than 25 minutes from downtown Brockton, and our attorneys are active in local safety initiatives, including the WalkBoston and Vision Zero task forces.

If you or a loved one has been hurt while walking in Brockton, call Jeffrey Glassman Injury Lawyers at (617) 367-2900 or fill out our online contact form. We will listen to your story, explain your options, and relentlessly pursue the compensation you deserve. Your consultation is free, confidential, and comes with no obligation.