Pedestrians Bear the Brunt of Reckless Driving

Motor vehicle drivers have a duty to be careful and cautious around vulnerable pedestrians commuting on foot. Nonetheless, one in six people that died in U.S. car accidents in 2021 were pedestrians. Over 100,000 other pedestrians suffered non-fatal car accident injuries the same year. In roughly 20% of all these accidents, the drivers were under the influence of alcohol. Keller Postman’s experienced car accident attorneys are here to get you and your loved one’s justice for the pervasive recklessness on our roads.

Who’s Liable in a Pedestrian Car Accident?

Specific circumstances and applicable traffic laws dictate who may be liable in a car accident involving a pedestrian or cyclist. In states like Massachusetts, both the pedestrian and the driver may be found to share fault in the accident. The more fault you’re assigned, the less compensation you may receive for your claim. Get a Keller Postman personal injury attorney on your side today to protect your rights and potential compensation.

  • Driver Liability: A driver may be liable if they were speeding, ran a red light, failed to yield to the pedestrian right-of-way, were driving under the influence, or were driving while distracted.
  • Pedestrian Liability: A pedestrian may be held liable if they were jaywalking, darted into traffic suddenly, crossed against a traffic signal, or were walking while intoxicated or distracted.
  • Vehicle Owner or Manufacturer Liability: A vehicle owner or manufacturer may be liable if the accident was caused by improper maintenance, defective parts, or mechanical failure.
  • City or Municipality Liability: If poorly maintained roadways, unresolved hazards, malfunctioning traffic lights, inadequate crosswalks or crosswalk signals, or poor road design led to the accident, the city or municipality could be liable. But it’s difficult to hold cities and municipalities accountable without legal help.

Proving liability in a pedestrian-car accident case can be challenging. Our experienced Boston personal injury attorneys can investigate your claim, interpret local laws and regulations, and establish fault and liability to ensure you get compensation for your claim.

New Legislation that Could Impact Your Pedestrian Car Accident Claim 

In 2022, drivers struck and killed 99 pedestrians – some of them in wheelchairs – and 10 cyclists in Massachusetts. Local organizations like the Massachusetts Vision Zero Coalition have been fighting to pass legislation to protect pedestrian and cyclists’ rights in Boston, Somerville, and Cambridge. Our attorneys can help determine which laws may apply to your case to maximize your recovery. 

Wrongful Death Claims 

If you lost a loved one in a pedestrian-car accident, Keller Postman is here to handle every aspect of your case so that you can spend time with your family and support systems. Our wrongful death attorneys will do what it takes to ensure that your family gets compensated, including: 

  • Investigate driver negligence or wrongful behavior,  
  • Establish the legal duty of care owed to your loved one, and  
  • Prove causation between the accident and your loved one’s death.  

Certain time clocks called statutes of limitations may already be running on your potential wrongful death claim. Contact our attorneys today to get your case moving before it’s too late. Call us now at 844 POSTMAN  or share your story through our online form. With Keller Postman on your side, justice isn’t just a hope – it’s a promise.

Our Team

Meet the attorneys leading the Personal Injury Practice.

Zina Bash
Senior Partner
Warren Postman
Managing Partner
Marquel Reddish Longtin
Partner & Chief Client Officer
Chris Livas
Brett Corson headshot
Brett Corson
Litigation Counsel


How much is my personal injury case worth?

The value of your case depends on several factors. How bad are your injuries? How much money have you spent on medical bills? And did you lose any wages because of the injury? Lastly, who is responsible for what happened? To better understand how much your case might be worth, you should talk to a lawyer. An attorney can look at all the details of your situation and give you an estimate. And don’t worry, the initial assessment won’t cost you anything.

Please collect any available medical records, police reports, and images of injuries or property damage and share them with us. Do not delete or destroy anything. Keep all your digital photos, emails, text messages, or social media messages, as it could impact your claim.

Yes, there are, and they are called Statutes of limitations or SOLs. SOLs set a time limit to file your claim. In Massachusetts, it is usually three years. If a deadline is approaching, respond promptly to our urgent requests to protect your claim.

We recommend keeping your social media posts private and discussing the case only with us and your spouse, if you’re married. Communications between you and Keller Postman LLC are protected by attorney-client privilege. That means our conversations are private and protected. But be careful when talking to other people about your case. Those conversations might be questioned, so be cautious.

We charge no fees unless we win your case, so you will owe nothing until we get you compensation. After that, we charge the standard 33% “contingency fee.” This means that if—and only if—we successfully resolve your case, 33% of your recovery will go to our firm for our services. If we cannot get you a favorable outcome, you will not have to pay us anything.

Keller Postman supports clients nationwide with attorneys in a dozen states, including in Boston, Massachusetts. If you have been injured and need a personal injury attorney in Massachusetts, reach out to Keller Postman today.

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