Plymouth Pedestrian Accident Lawyer
Were you injured in a pedestrian accident in Plymouth, MA?
At Fogelman Law LLC, we offer a free, confidential case review with a Plymouth pedestrian accident lawyer.
If you were struck by a vehicle while walking in Plymouth, you may be eligible for compensation. Our Plymouth, MA pedestrian accident lawyer works to prove that the driver failed to watch for you, failed to yield, or failed to slow down for the conditions. Fogelman Law LLC was founded in 2010 and keeps an office on Court Street in Plymouth. Reach out to arrange a free consultation.
Pedestrian Accident Lawyer Plymouth, MA
Plymouth recorded 117 crashes involving serious injuries from 2018 through 2022, the second-highest total among the 17 communities in the Old Colony safety plan. Across the region, crashes involving pedestrians or cyclists made up only 2% of all crashes but 14% of those that killed or seriously injured someone.
A pedestrian accident lawyer represents people on foot who are hit by cars, trucks, buses, or other vehicles. The work involves showing how the driver failed to use reasonable care, documenting every injury, and recovering compensation from each available insurance policy. Sometimes that includes the pedestrian’s own auto coverage. When the same crash also injures people inside a vehicle, those occupants have separate claims, which our car accident lawyers in Plymouth also handle.
Types of Pedestrian Accident Cases We Handle in Plymouth
Pedestrian injuries in Plymouth happen in very different settings, from the crowded downtown waterfront in summer to dark roads in Manomet and the town’s other villages. Our firm handles claims arising from each of them. Every investigation starts with where the pedestrian was and what the driver should have seen.
- Crosswalk accidents. Drivers turning at intersections often watch for oncoming cars and miss the person already in the crosswalk. We gather signal timing, witness statements, and nearby video to show the pedestrian was exactly where they had a right to be.
- Parking lot accidents. Shopping plazas around Plymouth see constant backing and turning traffic. A property owner’s lot design or lighting may share responsibility with the driver, so we examine both.
- Backover accidents. Drivers reversing out of driveways and parking spaces strike people they never checked for. These cases often turn on rear-camera footage and the driver’s own account of what they looked at.
- Hit-and-run accidents. A fleeing driver does not end the claim, because it can proceed through the injured person’s own uninsured motorist coverage. We also work to identify the vehicle through video, debris, and witnesses.
- Roadside accidents. People walking along roads without sidewalks, or standing beside a disabled car, face drivers moving at full speed. We reconstruct lighting, visibility, and speed to establish fault.
- Commercial vehicle accidents. Delivery vans, tour buses, and work trucks travel through downtown Plymouth all season. The employer may be responsible along with the driver, which affects how much coverage is available.
- Distracted driving accidents. A driver looking at a phone may not see a pedestrian until impact. Phone records and the driver’s own statements can prove inattention.
- Wrongful death. When a pedestrian is killed, the family may pursue compensation through the estate. We handle these claims with care for both the legal deadlines and the family’s circumstances.
Why Choose Fogelman Law LLC as my Pedestrian Accident Lawyer in Plymouth, MA?
A Plymouth Office on Court Street
Our Plymouth office is at 120 Court Street, in the center of town. Clients here can meet with their pedestrian accident lawyer locally instead of traveling into Boston, and we know the roads they walk every day.
Jeffrey Simons earned his law degree in 2011 from the University of Pittsburgh School of Law and has represented injured people for 14 years. Super Lawyers has placed him on its Rising Stars list each year since 2019. Matthew Fogelman founded the firm in 2010 and has practiced law for 23 years. Local access backed by that depth of experience is the combination clients look for in a personal injury lawyer in Plymouth, MA.
Pedestrian Case Results
With millions of dollars recovered for injured clients since 2010, our pedestrian work includes these matters:
- A $150,000 settlement for a woman hit in a crosswalk by a driver who was not paying attention
- A significant settlement for a young girl whose mother was killed by a car while walking
- A claim for a man struck by a snowplow in a commercial parking lot
- A claim for a young woman whose nose was broken, leaving a deviated septum, when a car struck her
Understanding Pedestrian Accident Cases
What Are Important Aspects of a Pedestrian Accident Case?
A pedestrian accident lawyer in Plymouth deals with issues that rarely come up when two vehicles collide.
- Coverage. Your own auto insurance, a household member’s policy, and the driver’s policy may all apply. The order in which they pay matters.
- The filing deadline. Most lawsuits must be filed within three years of the date the claim accrues under Chapter 260, Section 2A.
- Visibility evidence. Lighting, weather, clothing, and the driver’s sightline all affect fault, and much of that evidence exists only briefly after the crash. Federal pedestrian safety guidance tells drivers to take extra care at night and in poor weather.
- Insurer assumptions. Adjusters rely on common pedestrian myths, including the idea that someone outside a crosswalk cannot recover anything.
Damages, Liability, and Compensation for Pedestrian Accident Cases
Most pedestrian accident damages fall into two groups. Economic damages cover measurable losses: hospital and rehabilitation bills, future medical care, lost wages, and reduced earning capacity. Non-economic damages compensate for pain, emotional distress, scarring, and the loss of ordinary activities.
Because these crashes involve a motor vehicle, recovery for pain and suffering generally requires more than $2,000 in reasonable medical expenses under Chapter 231, Section 6D. Fractures, permanent and serious disfigurement, and several other serious injuries qualify regardless of cost.
Liability rests on negligence. Drivers owe pedestrians a duty of reasonable care, which means watching for people in crosswalks, at intersections, and along the roadside. A driver who breaches that duty is responsible for the harm that follows.
Insurers often argue that the pedestrian was partly to blame for crossing mid-block or wearing dark clothing. Under Chapter 231, Section 85, that argument reduces compensation only by the pedestrian’s share of fault. It bars recovery only when the pedestrian’s negligence is greater than the combined negligence of the people being sued.
What Should You Bring to Your Pedestrian Accident Consultation?
Bring whatever you have, even if the file feels incomplete:
- A copy of the police crash report, or the incident number
- Photographs of the location, your injuries, and the clothing you wore
- Hospital discharge papers and later treatment records
- Any letters, emails, or claim numbers from an insurance company
- Names of witnesses who stopped to help
The first meeting with a pedestrian accident attorney is free. We review what happened, explain how fault and coverage are likely to play out, and tell you plainly whether we believe the claim is worth pursuing. Meeting early, before you give a statement to the driver’s insurer, gives us the best chance to preserve evidence.
What Is The Pedestrian Accident Case Timeline?
The first weeks focus on investigation, which means the police report, scene photographs, video requests, and witness interviews. Protecting your rights during this period also means following through on every medical referral. Treatment then continues until doctors can say whether the injuries are permanent, which can take many months for fractures and head injuries.
Once the medical picture is clear, a Plymouth pedestrian accident attorney from our office sends a demand to each insurer with the records and a valuation of the claim. If the insurers refuse to pay a fair amount, we file suit, and the case moves through discovery and mediation, with trial as the final step. A claim with clear fault and a full medical recovery moves faster than one where liability is contested.
Most Dangerous Locations for Pedestrian Accidents in Plymouth
The Old Colony Planning Council’s safety plan and the town’s own planning work identify several Plymouth locations where pedestrians face elevated risk.
Dangerous streets and intersections:
- Cherry Street and Standish Avenue: This intersection recorded 12 injury crashes, and the plan recommends upgraded pedestrian signals, rebuilt ramps, and school-zone improvements on Standish Avenue.
- South Street near the library: Residents told regional planners that drivers rarely stop for pedestrians at the crosswalks on this stretch.
- Plymouth Center: The 2019 Plymouth Center Master Plan calls for crosswalk lighting, bump outs, raised crosswalks, and flashing beacons throughout the downtown area.
Dangerous highways and state routes:
- U.S. Route 44 (Samoset Street): The plan ranks the mile from Marc Drive to Court Street among the region’s top safety projects, with 109 injury crashes, including two pedestrian crashes that caused death or serious injury.
- Route 3A (Court Street and Main Street): This state route runs through downtown, where summer visitors cross between the waterfront, restaurants, and shops.
Reach Out to Fogelman Law LLC to Schedule a Consultation
A conversation at our Court Street office is the simplest way to learn where your pedestrian claim stands. There is no charge for the consultation, and we handle these cases on contingency, so no fee is owed unless we recover compensation. Our office answers calls around the clock, and we will follow up promptly to set a time. Contact us to meet with a pedestrian accident attorney in Plymouth.