If a car hits you while you’re walking in Massachusetts: call 911, get checked out by a doctor even if you feel okay, and get the driver’s name, plate number, and insurance information. Take photos before anything moves. Don’t guess about who was at fault, and don’t give the insurance company a recorded statement yet. You generally have three years to file a lawsuit in Massachusetts. But the video footage that proves your case can be erased unless immediate action is taken to preserve it.
The 8 steps, at a glance
- Get to safety and call 911.
- Let the paramedics check you out, then see your own doctor within a day or two.
- Get the driver’s name, address, phone, plate, license, and insurance.
- Take photos and video of everything: the car, the street, the signals, your injuries.
- Get names and phone numbers of anyone who saw it.
- Keep your shoes, clothes, and every piece of paper.
- Say nothing about fault to anyone, including the driver.
- Talk to a lawyer before you sign anything the insurance company sends you.
Pedestrian crashes are more common than people think. Nationwide, NHTSA reported 7,080 pedestrians killed and more than 71,000 injured in 2024. Below is what to do at each step, and why it matters.
What should I do first after being hit by a car?
⚡ Quick answer:
Get out of the road and call 911 for police and an ambulance. Let paramedics check you out even if you feel fine, since adrenaline can mask broken bones, internal bleeding, and head injuries for hours or days. Follow up with your own doctor within a day or two.
Don’t wave off medical help just because you can stand up and talk. Adrenaline can mask broken bones, torn muscles, and internal bleeding for hours, sometimes until the next morning.
A concussion or traumatic brain injury can look like a mild headache at first and turn into memory problems or mood changes weeks later. If you hit your head or were knocked out, even briefly, tell the paramedics and your doctor.
Follow up with your own doctor as soon as you can, even if the ER sent you home. That visit creates a record of what hurt and when, which gets you treated and supports any insurance claim later.
Follow your doctor’s advice and make your appointments, too. Gaps in treatment are the first thing an insurance adjuster points to when they want to argue you weren’t really hurt.
Do I have to call the police after a pedestrian accident?
Yes. Call the police, and do it from the scene if you can.
A police report gives you something neutral and dated: where it happened, who was there, what the car was, what the officer saw. Without it, you’re left with your word against the driver’s.
If you’re able, collect this from the driver before they leave:
- Name, address, and phone number
- License plate number and driver’s license info
- Insurance company and policy number
- Make, model, and color of the car
- Any company name or logo on the vehicle
Pay attention to that last point. If the driver was making a delivery, driving for a rideshare app, or working for a contractor, their employer’s insurance may also be responsible, and those policies may be larger than a personal auto policy.
Under Mass. Gen. Laws ch. 90, § 26, a driver has to file a written Crash Operator Report with the RMV and local police within five days when the crash causes injury, death, or more than $1,000 in damage. Don’t rely on that report alone, though: get the driver’s information yourself, since the official police report can take weeks to arrive.
What evidence should I collect at the scene?
⚠️ Important Deadline
Photograph the scene right away: the car, damage, crosswalk, signals, and your injuries. Surveillance and dash-cam footage is often overwritten within 72 hours to a few days, so ask a lawyer to send a preservation letter immediately. Waiting even a week can mean the proof is already gone.
Photograph everything, immediately. A street looks completely different two weeks later, and memories get fuzzy fast.
If you’re hurt too badly to do it, ask a bystander, a friend, or a family member to do it for you. Try to capture:
- The car, all sides, including the damage and the plate
- The crosswalk, intersection, lane lines, and any signs
- The traffic light or walk signal (photograph the whole cycle if you can)
- Your injuries, and your torn or bloody clothing
- Any cameras that may have captured the incident
Don’t throw out your shoes, your torn jacket, your cracked phone, or the backpack that took the impact, and start a folder for the ambulance bill, ER discharge papers, prescriptions, medical bills, and insurance letters.
Am I at fault if I wasn’t in a crosswalk?
⚖️ Key Rule
Being outside a crosswalk doesn’t decide fault by itself; factors like driver speed, distraction, and visibility matter more than exactly where you were standing when you were hit.
In fact, the statute says the opposite of what most people assume: an injured person is presumed to have been exercising due care, and the burden of proving otherwise falls on whoever is claiming you were careless. See Mass. Gen. Laws ch. 231, § 85.
Insurance adjusters lead with the crosswalk question because it sounds decisive. But a full investigation usually looks at a lot more than that:
- How fast the driver was going
- Whether the driver was on a phone or otherwise distracted
- What the driver could actually see, and what was blocking it
Mass. Gen. Laws ch. 90, § 14 requires drivers to slow down when they approach a pedestrian who is on the traveled part of the road rather than the sidewalk. The same section says no one may open a car door unless it’s reasonably safe to do so without interfering with traffic, and it names bicyclists and pedestrians specifically.
How comparative negligence works in Massachusetts
Massachusetts uses a modified comparative negligence rule. Put simply, you can still recover money as long as your share of the blame isn’t greater than the combined blame of everyone you’re claiming against. Your compensation may get reduced by your percentage of fault if the matter goes to trial.
Example: if your damages come to $100,000 and you’re found 20% responsible, you can recover $80,000. If you’re found 51% responsible, you recover nothing. That’s the line that matters in fault fights, not the crosswalk.
Whose insurance pays my medical bills if I was hit while walking?
⚡ Quick answer:
Usually PIP (Personal Injury Protection) pays first, covering up to $8,000 in medical expenses and 75% of lost wages, even though you were on foot. It may come from the driver’s policy, your own auto policy, or a household member’s. PIP claims must be filed within two years.
Massachusetts requires every auto policy issued here to include Personal Injury Protection benefits under Mass. Gen. Laws ch. 90, § 34M, and the state’s own Basics of Auto Insurance guide confirms that PIP covers pedestrians.
Depending on the facts and the exact policy language, your PIP benefits might come through:
- The policy on the car that hit you
- Your own auto policy, even though you were on foot
- A household member’s auto policy, if you don’t have your own
Other coverage may be in play too, including your health insurance, medical payments coverage, the driver’s bodily injury liability coverage, and uninsured or underinsured motorist coverage. The same rules that apply to Massachusetts car accident claims apply here.
Careful with the first call from the adjuster
An adjuster may ask for a recorded statement, a blanket medical release, or offer you a check quickly. Some of that is routine. But:
- A recorded statement taken while you’re medicated and shaken up can be used against you later.
- A broad medical authorization lets them dig through years of unrelated records looking for a pre-existing condition to blame.
Before you sign a release, understand exactly what it closes out. Most releases are final: if you need another operation next year, that’s on you.
And if an insurer drags its feet or lowballs in bad faith, Massachusetts has a separate remedy for that under the Chapter 93A consumer protection statute.
What should I document while my claim is pending?
Keep everything that shows what this cost you, not just the ER bill.
- Medical records, bills, and prescription costs
- Mileage, parking, and rideshare fares to and from treatment
- Pay stubs, time-off records, and anything from HR about missed work or restrictions
How long do I have to file a pedestrian accident claim in Massachusetts?
⚖️ Deadlines at a Glance
- Standard lawsuit: 3 years from the date of the accident
- Hit-and-run notice: 30 days to notify police and the RMV
- Government claim: 2 years to present written notice
- PIP claims: 2 years to file
In most Massachusetts personal injury cases, you have three years from the date the claim accrues to file a lawsuit, under Mass. Gen. Laws ch. 260, § 2A, though PIP claims have their own, shorter two-year window. Three years sounds like plenty of time, but the case gets weaker every month you wait: video is erased, witnesses move, and the car gets repaired.
Hit-and-run cases have a 30-day notice rule
If the driver took off and you don’t know who they are, Mass. Gen. Laws ch. 260, § 4B requires written notice to the police and the RMV within 30 days. Do that, and you can generally sue within six months of learning who the driver was, up to three years from the crash.
Thirty days goes by fast when you’re in a hospital bed. If you were hit by a driver who fled, this is the deadline to handle first.
Claims involving a city, town, or the state
If a government vehicle or a government employee was involved, the Massachusetts Tort Claims Act requires you to present your claim in writing to the right executive officer within two years before you can sue. See Mass. Gen. Laws ch. 258, § 4.
If the problem was the road or sidewalk itself (a broken curb cut, a collapsed sidewalk, a missing railing), the rules are tighter still. Mass. Gen. Laws ch. 84, § 15 requires written notice within 30 days and caps recovery against a city or town at $5,000. If a private property owner created the hazard instead, that’s a premises liability claim with different rules.
A rideshare or delivery driver, an injured minor, or a fatal crash can also change the analysis. Massachusetts treats a fatal crash as a separate cause of action with its own deadline; see our page on wrongful death claims if you lost a family member.
Do I need a lawyer after a pedestrian accident?
⚡ Quick answer:
Not every case needs one, but it’s worth a conversation if you were seriously hurt, are still treating, missed work, fault is being disputed, the driver was uninsured or fled, or an insurance company has already offered you money.
That last one especially. An early offer usually means the insurer has done the math and likes the number, which tells you something.
What to bring to a first meeting
You don’t need to have it all figured out. Bring whatever you’ve got:
- The police report number
- Photos and video from the scene
- The driver’s information
- Medical records and bills so far
- Names and numbers of witnesses
A good first review tells you three things: what’s already documented, what evidence needs to be locked down right now, and which deadlines are actually running. You can read what our clients have said about working with us.
Talk to a Boston pedestrian accident lawyer
Butters Brazilian LLP represents people injured in pedestrian accidents throughout Massachusetts. If you were hit by a car while walking, we can help you preserve the evidence before it’s gone, identify every insurance policy that may apply, and deal with the adjusters so you can focus on healing.
Call (617) 367-2600 or contact us here to talk it through. Our office is at 420 Boylston Street, 4th Floor, Boston, MA 02116. You can also meet the attorneys who would handle your case.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Dog bite claim value depends on the specific facts of your case, the available insurance coverage, the applicable defenses, and the quality of medical and factual evidence. Please consult a qualified Massachusetts personal injury attorney for advice specific to your situation.
