Boston Injury Lawyer Blog
Pedestrian accidents are alarming under any circumstances, but when they occur on private property, they raise additional legal and practical concerns. A recent case in West Roxbury highlights these challenges. A car struck two pedestrians and crashed into the front yard of a home, damaging a Little Free Library in the process. While both pedestrians were conscious after the accident, one was taken to the hospital for treatment.
This case underscores critical issues related to accidents on private property, including questions of liability, the potential role of speeding, and the types of evidence needed to build a strong case. Understanding how Massachusetts law applies in such situations can help victims protect their rights and pursue the compensation they deserve.
Who May Be Liable in Pedestrian Accidents on Private Property?
When a pedestrian is hit on private property, determining liability can be more complicated than accidents on public roads. In Massachusetts, liability generally depends on proving that the driver acted negligently. Speeding, distracted driving, or other reckless behaviors often play a significant role in pedestrian accidents, even on private property.
Witness accounts of the West Roxbury incident suggest that speeding may have contributed to the crash. One neighbor noted that the driver appeared to be traveling at a “high rate of speed.” If this factor is confirmed, the driver could be held accountable for failing to exercise reasonable care.
Additionally, whether the victims lived on the property or visited may affect the legal analysis. If they were residents, their familiarity with the property could play a role in the investigation. However, even non-residents struck on private property can pursue claims against the driver if negligence is established.
Did Speeding Contribute to the Accident?
Speeding is a common cause of car accidents and often worsens the severity of injuries when pedestrians are involved. Massachusetts law prohibits excessive speed, particularly in areas where drivers should expect pedestrians, such as residential neighborhoods.
Investigators will rely on several types of evidence to prove that speeding played a role. Skid marks on the property, damage to objects like the Little Free Library, and the final position of the car can all indicate whether the vehicle was moving too fast. In some cases, data from the car’s event data recorder (a “black box”) can provide valuable insights, including the vehicle’s speed at the time of impact.
Witness statements are also crucial in these situations. Neighbors or passersby who observed the vehicle before the crash can help establish whether the driver appeared to be speeding or driving recklessly. This evidence can strengthen a claim and help determine liability.
The Importance of Evidence in Pedestrian Accident Claims
Building a strong claim after a pedestrian accident requires thorough evidence collection. This can involve unique challenges on private property, but it remains essential to establish the facts of the case and demonstrate negligence.
In the West Roxbury case, evidence from the crash scene will be critical. Investigators may examine the vehicle’s path, the extent of property damage, and any injuries sustained by the pedestrians. Photographs of the scene, medical records, and repair estimates for the damaged property all give a clearer picture of what happened.
Police and emergency responder reports provide additional context, such as the driver’s or witnesses’ statements. Surveillance footage from nearby homes or businesses may also capture the moments leading up to the crash, offering further insights into the driver’s behavior.
Medical documentation plays an especially important role in pedestrian accident claims. The injured individual’s treatment records not only establish the extent of their injuries but also quantify the financial and physical toll caused by the accident.
How Massachusetts Law Protects Pedestrians
Massachusetts law provides strong protections for pedestrians. Under the state’s fault-based system, an at-fault driver is responsible for compensating injured parties for their medical expenses, lost wages, and other damages. Pedestrians are generally considered to have the right of way, and drivers are expected to exercise heightened caution in areas where pedestrians are present.
In cases like the West Roxbury accident, speeding or reckless driving can significantly strengthen the pedestrian’s claim. Even if the crash occurred on private property, Massachusetts law still holds drivers accountable for negligent actions that result in injury.
Victims may need to pursue their claim through the court system if a driver disputes liability. This process involves presenting compelling evidence, often with the help of legal representation, to establish the driver’s fault and the extent of the damages suffered. Knowing how to hold the responsible party accountable is crucial if you or a loved one has been injured in a similar situation. Taking prompt action ensures that evidence is preserved and your claim can be pursued effectively under Massachusetts law.
Were You Injured in a Pedestrian Accident?
If you were recently serious hurt after someone struck you with a car while you were on foot, you may be entitled to monetary compensation for what you’ve been through. The experienced attorneys at Altman & Altman, LLP, are immediately available to meet with you to discuss your case and help you pursue a claim against the at-fault party. At Altman & Altman, our compassionate Boston car accident attorneys have decades of experience fighting on behalf of accident victims and look forward to meeting with you to learn more about how we can help. Call us today at 800.481.6199 or contact us through our secure online form to schedule your free consultation. Let us help you secure the compensation you deserve.
