After a pedestrian is struck by a car, the medical bills start arriving long before anyone settles who was at fault. Massachusetts has a layered insurance system that can be confusing, especially for someone who was not driving at all. This article explains, in plain English, where the money usually comes from and how fault affects a pedestrian’s claim.
If you were just injured, start with our companion guide, Hit by a Car While Walking in Massachusetts? What to Do Next.
Layer One: Personal Injury Protection (PIP)
Massachusetts is a “no-fault” state for the first layer of benefits. Under M.G.L. c. 90, § 34A, the required Personal Injury Protection coverage on a Massachusetts auto policy extends to any pedestrian struck by the insured vehicle, with a limit of at least $8,000 per person.
Key points about PIP for pedestrians:
- Fault doesn’t matter. PIP is paid without regard to who caused the crash.
- It covers more than medical bills. PIP can pay a portion of lost wages (generally 75% of average weekly wages) and certain replacement services.
- Health insurance interacts with it. If you have health insurance, PIP typically pays the first $2,000 of medical expenses, your health insurer pays further bills, and PIP may cover remaining out-of-pocket costs such as copays and deductibles up to the policy limit.
- Cooperation is required. Insurers can require an independent medical exam or an examination under oath, and failing to cooperate can jeopardize benefits.
For a serious injury, $8,000 does not go far. That is why the next layers matter.
Layer Two: A Claim Against the Driver’s Liability Insurance
When a driver’s negligence caused the crash, the injured pedestrian can pursue a claim against that driver, which is usually handled by the driver’s bodily injury liability insurer. Common examples of driver negligence include failing to yield at a crosswalk, distracted driving, speeding, turning without looking, passing too closely, and backing up without checking behind the vehicle.
A liability claim can include losses that PIP does not cover, such as medical expenses beyond PIP, full lost earnings and lost earning capacity, and pain and suffering.
The $2,000 threshold for pain and suffering
Under M.G.L. c. 231, § 6D, a person injured in a Massachusetts motor vehicle accident can recover pain and suffering damages only if reasonable and necessary medical expenses exceed $2,000, unless the injury involves death, loss of a body part, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. Because pedestrian injuries are frequently severe, many pedestrian claims meet this threshold, but it is something insurers will check.
Layer Three: Uninsured and Underinsured Motorist Coverage
What if the driver fled, had no insurance, or carried only minimum limits? A pedestrian may be able to turn to uninsured or underinsured motorist coverage under their own auto policy or, in some cases, a household family member’s policy. Whether this coverage applies depends on the specific policy language and the facts, so it is worth having the policies reviewed even if you were on foot.
How Fault Is Shared: Comparative Negligence
Insurers often argue the pedestrian was partly to blame: crossing mid-block, wearing dark clothing at night, looking at a phone, or stepping out against a signal. Massachusetts uses a modified comparative negligence rule under M.G.L. c. 231, § 85:
- An injured person can still recover if their own negligence was not greater than the combined negligence of those they are suing.
- Any recovery is reduced in proportion to the injured person’s share of fault. For example, a pedestrian found 20% at fault would have their damages reduced by 20%.
- If the pedestrian’s negligence is greater than the defendants’ combined negligence, recovery is barred.
Remember that drivers have firm duties toward pedestrians. Massachusetts law requires drivers to yield to pedestrians in marked crosswalks where there is no working signal (M.G.L. c. 89, § 11) and to give at least four feet of space when passing pedestrians and other vulnerable road users (Chapter 358 of the Acts of 2022). Evidence such as video, lighting conditions and vehicle damage often plays a major role in how fault is decided.
Other Parties Who May Share Responsibility
Depending on the facts, responsibility may extend beyond the driver:
- An employer, if the driver was working at the time, such as a delivery or commercial driver.
- A vehicle owner who lent the car, in some circumstances.
- A property owner, for crashes in poorly designed or poorly lit parking lots.
- A government entity, for certain roadway or signal defects. These claims carry special notice rules and short deadlines.
When a pedestrian is killed, the family may have a wrongful death claim, which follows its own rules.
Frequently Asked Questions
Will my own car insurance rates go up if I was hit as a pedestrian?
PIP for a pedestrian is generally paid by the striking vehicle’s insurer, and being struck while walking is not the same as causing a crash while driving. If you have questions about your own policy, ask your agent or a lawyer before assuming the worst.
How long do I have to bring a claim?
Most Massachusetts personal injury lawsuits must be filed within three years under M.G.L. c. 260, § 2A, but claims against public entities and insurance notice requirements can involve much shorter timelines.
Can I still recover if I wasn’t in a crosswalk?
Possibly. Crossing outside a crosswalk may be considered when dividing fault, but it does not automatically bar a claim. PIP benefits are available regardless of fault.
Get Help Sorting Out the Insurance
Muggeo & Associates represents people injured in pedestrian accidents and other motor vehicle crashes across Salem, Beverly and the North Shore. Call Muggeo & Associates at 978-741-1177 or contact us online to discuss your options.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.