If you were struck by a vehicle in Brookline, you have rights. As a pedestrian accident lawyer in Brookline, Earley Law Group helps injured pedestrians and grieving families hold negligent drivers accountable and pursue the full compensation they deserve under Massachusetts law.
When you’re ready to talk, contact one of our Brookline personal injury lawyers for a free consultation. We’re available 24/7.
Your Rights After a Serious Collision in Brookline
Massachusetts is a no-fault state for motor vehicle accidents, and that includes pedestrian crashes. This means that regardless of who caused the accident, Personal Injury Protection (PIP) benefits can cover your initial medical expenses and a portion of your lost wages, typically through your own auto policy if you have one, or through the at-fault driver’s policy if you don’t.
But PIP only goes so far. You can step outside the no-fault system and bring a separate bodily injury claim for pain and suffering if your medical bills exceed $2,000 or you suffered a qualifying injury such as a fracture, permanent disfigurement, or loss of a body part. Most serious pedestrian accidents clear this threshold easily.
Massachusetts also follows a modified comparative negligence rule. If you are found to be 50% or less at fault for the accident, you can still recover damages, though your award will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you are barred from recovery entirely. This is why how fault is framed from the very beginning of your claim matters so much.
A pedestrian accident attorney in Brookline will help you pursue every available source of compensation: the driver’s liability insurance, your own PIP or MedPay coverage, and uninsured/underinsured motorist (UM/UIM) coverage. If a company vehicle, delivery driver, or government entity was involved, additional rules and policies may apply.
Why Choose Earley Law Group
Pedestrian accident cases aren’t the same as typical car accident claims. The injuries are more severe, the evidence is more complex, and the stakes are higher.
Our pedestrian accident attorneys in Brookline prepare every case as if it’s going to trial. That sends a clear message to insurers, and it consistently leads to stronger outcomes. You also get The Earley Experience: direct communication, transparent answers, and a team that responds within 24 hours. You’re not a case number here.
Christopher Earley is a published legal author, award-winning lawyer, and thought leader who educates fellow attorneys across Massachusetts. With over 900 Google reviews and millions recovered for clients, the results speak for themselves.
Common Causes of Pedestrian Accidents in Brookline
A lot of pedestrian accidents are entirely preventable. They happen because a driver made a bad decision or wasn’t paying attention at all. Our Brookline pedestrian accident lawyers explain that these accidents are often caused by the following:
- Failure to yield: Drivers turning left at intersections frequently fail to yield to pedestrians in the crosswalk, one of the most common causes of serious pedestrian injuries in urban areas.
- Distracted driving: Texting, app use, and in-dash screens dramatically reduce reaction time. A driver glancing at their phone for just two seconds at 30 mph travels nearly 90 feet without looking at the road.
- Speeding: Higher speeds mean less time to stop and far more severe injuries on impact.
- Running red lights and stop signs: Drivers who roll through stops or accelerate to beat a light put pedestrians at serious risk.
- Impaired driving: Alcohol and drug impairment are especially dangerous at night when visibility is already reduced.
- Rideshare and delivery vehicles: Uber, Lyft, and delivery vans create added hazards due to their size, frequent stops, and blind spots.
- Poor road conditions: Inadequate lighting, obscured signage, and snow banks blocking curb cuts can contribute to accidents and may implicate a municipality’s responsibility.
We look at every contributing factor, not just the driver’s behavior, but the road conditions, signage, and any other party that may share responsibility. When you can pinpoint all causes, you are able to unlock more sources of compensation.
Brookline Pedestrian Accident Claims: Process and Timeline
Here’s how a typical pedestrian accident claim in Brookline unfolds:
Investigation
We move quickly to secure the police report, scene photographs, 911 audio, surveillance footage, and medical records. Where available, we obtain vehicle data, intersection signal timing logs, and cell phone records. We send preservation letters early to prevent evidence from being deleted or overwritten.
Demand package
Once your medical treatment has stabilized, or your doctor can outline the scope of future care, we prepare a comprehensive demand package and present it to the insurer. This includes all medical records, bills, lost wage documentation, and a clear narrative of how the accident has affected your life.
Negotiation or litigation
Many cases resolve at this stage. If the insurer disputes fault, undervalues your injuries, or refuses to negotiate in good faith, we file suit and take the case through discovery, depositions, and, if necessary, trial.
Timeline
Straightforward claims where liability is clear may resolve within a few months after treatment ends. Cases involving disputed fault, serious ongoing injuries, or government entities can take longer. We keep you informed at every step so you’re never left wondering where things stand.
Damages You Can Recover After a Pedestrian Accident in Brookline
A serious pedestrian accident can affect every part of your life. Massachusetts law allows you to pursue compensation for:
Economic Damages
|
Non-economic Damages
|
Wrongful death damages (if a loved one was killed): funeral and burial expenses, loss of financial support, and loss of companionship under Massachusetts General Laws Chapter 229.
A Brookline pedestrian accident attorney will present these damages with documentation and clear, specific narratives, not vague claims. That approach helps insurers and juries understand the full picture of what you’ve been through.
Deadlines and Local Rules in Brookline
Massachusetts law gives most pedestrian accident victims three years from the date of injury to file a personal injury lawsuit under Massachusetts General Laws Chapter 260, Section 2A. For wrongful death claims, the deadline is three years from the date of death under M.G.L. Chapter 260, Section 2A.
Miss these deadlines, and your claim is gone, regardless of how strong it is.
There are also shorter deadlines if a government entity is involved:
- Massachusetts Tort Claims Act (M.G.L. Chapter 258): If your accident involved a town, city, or state agency, you must file a written presentment with the correct executive officer within two years before you can file suit.
- Defective public way claims (M.G.L. Chapter 84, Section 18): If a defect in a public road or sidewalk contributed to your accident, written notice to the responsible municipality is required within 30 days of the injury.
If your case may involve the Town of Brookline, the MBTA, or any other public entity, these notice requirements are not optional; missing them can end your claim before it starts. Early legal guidance is essential.
Get Help From a Pedestrian Accident Lawyer in Brookline Today
You didn’t ask for this. But now that it’s happened, you deserve real help from someone who will take your case seriously, keep you informed, and fight for every dollar you’re owed.
Contact us today for a free consultation. We’ll review your situation, explain your options, and get to work right away. Call Earley before it’s too late.