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Pedestrian Accident Claims in Massachusetts

When drivers in Massachusetts must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.

Short answer: Where traffic signals are not in place or not working, a driver must yield (slowing or stopping if needed) to a pedestrian in a marked crosswalk who is on the driver's half of the road or within 10 feet of it from the other half. G.L. c. 89, §11; G.L. c. 90, §§14, 1

Pedestrian right-of-wayWhere traffic signals are not in place or not working, a driver must yield (slowing or stopping if needed) to a pedestrian in a marked crosswalk who is on the driver's half of the road or within 10 feet of it from the other half. Drivers may not pass a vehicle stopped at a marked crosswalk for a pedestrian, or enter a marked crosswalk while a pedestrian is crossing or until there is room beyond it, even on a green signal; violations carry a fine of up to $200. Drivers must pass a pedestrian (a 'vulnerable user') at a safe distance of at least 4 feet.
c. 90 §14: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section14 .
Fault rule (comparative negligence)Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
Minimum car insuranceMassachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
PIP tort exemption: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M
Deadline to sue for an injuryThree years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.

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FAQ

Who has the right of way, a pedestrian or a driver, in Massachusetts?
Where traffic signals are not in place or not working, a driver must yield (slowing or stopping if needed) to a pedestrian in a marked crosswalk who is on the driver's half of the road or within 10 feet of it from the other half. Drivers may not pass a vehicle stopped at a marked crosswalk for a pedestrian, or enter a marked crosswalk while a pedestrian is crossing or until there is room beyond it, even on a green signal; violations carry a fine of up to $200. Drivers must pass a pedestrian (a 'vulnerable user') at a safe distance of at least 4 feet.
Can you recover damages if you were partly at fault in Massachusetts?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
What is the minimum car insurance required in Massachusetts?
Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
What is the statute of limitations for personal injury in Massachusetts?
Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.