Massachusetts crosswalk rules
Under M.G.L. c. 89, § 11, drivers must yield to a pedestrian in a marked crosswalk on the driver's half of the road, or approaching from the opposite half and close enough to be in danger. It is also unlawful to pass another vehicle that has stopped at a crosswalk — a rule that exists because the second driver often cannot see who stepped out in front of the first.
Being outside a crosswalk does not end your claim. Drivers still owe a duty of reasonable care, and comparative negligence under M.G.L. c. 231, § 85 means you can recover as long as you were not more than 50% at fault.
Pedestrians usually do have PIP coverage
This is the part people miss. If you are struck as a pedestrian in Massachusetts, the PIP coverage on the vehicle that hit you generally pays your first $8,000 in medical bills and lost wages, regardless of fault. If you own a car, your own policy may apply as well. Identifying which policy responds first matters, and getting it wrong can delay your treatment.
Where these crashes happen
- Turning vehicles at signalized intersections, especially right on red
- Double-parked delivery vehicles forcing pedestrians into traffic
- Backing crashes in lots, driveways and loading zones
- Crosswalks obscured by a stopped or passing vehicle
- Poorly lit streets and faded or unmarked crossings
- Distracted driving, which is now among the most common causes we see
Injuries and long-term costs
Pedestrian impacts commonly produce head injuries, pelvic and leg fractures, and internal trauma. Serious cases need to account for far more than the initial hospital stay — rehabilitation, future surgeries, home modification, lost earning capacity and long-term care all belong in the claim. Settling before the medical picture is clear is how those costs end up on the family.
Frequently asked questions
I was not in a crosswalk. Do I still have a claim?
Often yes. Massachusetts uses modified comparative negligence, so you can recover as long as you were not more than 50% at fault, with your award reduced by your share. Drivers still owe a duty of care to people in the road, and factors like speed, distraction and visibility all matter.
Who pays my medical bills if I was walking and had no car insurance?
Generally the PIP coverage on the vehicle that struck you, up to $8,000, regardless of who was at fault. Your health insurance may cover treatment beyond that, and the balance is pursued through a claim against the at-fault driver.
The driver left the scene. What can I do?
Report it to police immediately and get medical care. Hit-and-run cases are often solved through nearby camera footage and witness accounts, and even if the driver is never identified, uninsured motorist coverage may apply. Move quickly — private security footage is frequently overwritten within days.
How long do I have to bring a pedestrian accident claim?
Three years from the date of the crash in most cases. If a city vehicle or a public road defect is involved, written presentment to the government entity is required much sooner under the Massachusetts Tort Claims Act.
