Wyatt Meskall was crossing the highway in South Yarmouth when he was struck by an oncoming vehicle and killed in a pedestrian accident. He was only 19-years old.
Walking near busy roads or highways is a nerve-racking experience as any pedestrian will tell you. You take an inherent risk every time you expose yourself near a moving vehicle.
Meskell was more than likely taking a routine stroll at the time of his tragic accident, just like most pedestrians do. Meskall lost his life far too early as do many pedestrians on Cape Cod.
Cape Cod Pedestrian Accident Statistics
Since 2016 Cape Cod recorded ten fatal pedestrian accidents between its many cities. Half of them occurred crossing Route 28, which runs from Bourne to Orleans.
Between the Cape’s five largest cities, here’s the number of pedestrian accidents resulting in injury seen since 2002:
- Barnstable: 161
- Falmouth: 108
- Yarmouth: 84
- Bourne: 50
- Sandwich: 33
When you add in cities like Dennis, Mashpee, Harwich, Brewster, Chatham, Orleans, Eastham, Provincetown, Wellfleet, and Truro the total number rises to 677. Averaging out, that’s around 37 pedestrian accident a year on Cape Cod when accounting for the 15 towns in Barnstable County.
Being the largest city, Barnstable has the largest cluster of pedestrian accidents near downtown. Main Street saw the most pedestrian accidents of any other street with 30 since 2002. Ironically, the next most dangerous road is Main Street in Falmouth, which has seen 20.
What Do I Do After a Pedestrian Accident?
Medical treatment needs to be your priority as a pedestrian accident victim. Call 911 and make sure an ambulance documents all injuries from the accident.
If possible, start gathering information about your accident right away. The kind of information that can help build a strong pedestrian accident case is:
- Insurance Information on the other Driver
- Names of Witnesses
- Photos of the Accident
The law in Massachusetts typically falls in favor of the pedestrian when determining liability in a pedestrian accident. In most cases, determining fault is not a difficult task for an experienced Cape Cod personal injury attorney.
Don’t let your case fall apart in the hands of just any Cape Cod attorney. Call the pedestrian accident attorneys at Goldberg & Weigand, LLP today for top-flight litigation for your maximum compensation.
How Much Compensation for a Pedestrian Accident?
The no-fault laws in Massachusetts make courts factor percentages when determining liability. To gain compensation, you’ll have to prove the other party had more than 50 percent of the blame in the accident. Since the laws protecting pedestrians are strict in Massachusetts, determining fault in a pedestrian accident isn’t too tricky.
If a pedestrian is crossing the street on:
- A crosswalk with a “walk” signal or green light
- An intersection with a “walk” signal or green light
- Public roadways
The pedestrian has the right of way. If a vehicle is approaching a pedestrian, the car needs to give plenty of space to be safe.
The odds are usually in favor of the pedestrian to collect compensation. If you’ve been the victim of a pedestrian accident, you can file to obtain the following types of payment:
- Future medical costs
- Pain and suffering
- Related out-of-pocket expenses
- Medical costs
- Lost wages
- Lost earning capacity
The law will divide these types of compensation into two categories: monetary and non-monetary damages. The monetary damages like medical bills and lost wages are easy to prove with a receipt. You’ll need to verify the non-monetary damages like pain and suffering in court. A seasoned personal injury attorney can sway a court’s opinion to make sure maximum compensation is received.
When is a Pedestrian Accident At-Fault?
An uncommon instance in which the pedestrian is at-fault for the accident is if the pedestrian crossed the street at night where there was no crosswalk.
The police or a car accident reconstructionist could read those circumstances as negligence on the pedestrian even though it was the car who hit the pedestrian.
A crucial role your pedestrian accident will play is to persuade a judge and jury that the pedestrian has less than 50 percent of the blame.
That’s why you need a proven litigator on your side if you are in a pedestrian accident.
How do I File for a Pedestrian Accident Lawsuit?
At Goldberg & Weigand, LLP, we’ve handled all kinds of personal injury cases on Cape Cod, including pedestrian accidents.
Cape Cod is our home, and we don’t like big insurance companies knocking around the people in this community. If you were a pedestrian and struck by a vehicle, Peter Goldberg and Blair Weigand are here to help.
Our Hyannis office takes calls any time of the day at 508-775-9099 for a free, confidential consultation.