Pedestrian Accident Attorney Serving Rhode Island & Massachusetts

Legal Guidance for Injured Pedestrians

A person on foot has no protection against a moving vehicle. No airbag. No frame. No seat belt. When a driver strikes a pedestrian, the injuries are almost always serious: fractures, internal bleeding, head trauma, spinal injuries, and in the worst cases, death. What makes these cases additionally difficult is that drivers and their insurers frequently blame the pedestrian, claiming the person jaywalked, stepped out suddenly, or wasn’t visible. At Corrao & Robles Law, attorney Amanda L. Corrao represents pedestrians injured by drivers in Rhode Island and Massachusetts, countering those narratives with evidence and holding responsible parties accountable.

How Do Pedestrian Accident Claims Work?

Pedestrian Rights, Driver Duties, and How Fault Is Determined

Both Rhode Island and Massachusetts impose legal duties on drivers to protect pedestrians. Drivers must yield to pedestrians in crosswalks, marked and unmarked, stop for pedestrians who have begun crossing, and exercise reasonable care to avoid striking anyone on foot regardless of crosswalk location. These duties are not unlimited, and fault in pedestrian accidents can be shared, but the default legal framework puts meaningful obligations on drivers in both states.

Rhode Island follows a comparative fault framework. If a pedestrian is found partially responsible for crossing outside a crosswalk, walking against a traffic signal, or stepping into the roadway without looking, their recovery is reduced proportionally. A 20% fault assignment in a $300,000 case reduces the recovery to $240,000. Insurers understand this math and work hard to find pedestrian fault because even a small assignment moves real money. In Massachusetts, the modified comparative fault rule cuts off recovery entirely if the pedestrian is more than 50% at fault. Establishing clear driver fault while minimizing pedestrian fault attribution is a central challenge in these cases.

The evidence that establishes fault is time-sensitive. Traffic camera and surveillance footage have limited retention windows. Physical evidence at the scene, such as skid marks, vehicle position relative to crosswalks, or pedestrian debris patterns, can be gone within hours. Witnesses may be difficult to locate after the fact. We move quickly in pedestrian cases specifically because the best evidence disappears fastest.

Driver distractions are a major factor in pedestrian accidents. Cell phone records, in-vehicle infotainment data, and witness accounts can all establish that a driver was not paying attention to the road. Speeding, especially in residential neighborhoods, school zones, and near crosswalks, reduces a driver’s ability to stop in time and directly affects both fault and damages analysis. Where the driver was under the influence of alcohol or drugs, additional civil and potentially punitive damages theories may apply.

Dangerous road conditions and negligent property owners are sometimes part of the picture. A crosswalk with burned-out warning lights, an intersection with sightline-blocking overgrowth, or a privately owned property with an inadequately lit pedestrian path can all contribute to a pedestrian accident. When government entities are responsible for the road conditions that contributed to the crash, separate notice and claim procedures apply with shorter deadlines.

Hit-and-Run Pedestrian Accidents

When a driver strikes a pedestrian and flees, the injured person still has options. Uninsured motorist coverage can apply to hit-and-run accidents in Rhode Island and Massachusetts, treating the unknown driver as an uninsured motorist for coverage purposes. The requirements for accessing UM coverage in a hit-and-run differ from standard uninsured motorist claims and need to be handled carefully. Police reporting requirements and cooperation with the insurer’s investigation both matter.

How We Can Help After a Pedestrian Accident

These cases require fast action and thorough investigation.

  • Preserving video footage from traffic cameras, commercial surveillance, and residential systems before retention periods expire
  • Building the pedestrian fault defense by establishing the driver’s duty and breach before the insurer frames the narrative
  • Documenting catastrophic injuries and their long-term consequences comprehensively

Building Your Pedestrian Accident Claim

  • Photographing the accident scene, vehicle damage, crosswalk markings, and any physical evidence
  • Obtaining traffic and surveillance camera footage from the municipality and nearby businesses
  • Identifying and interviewing witnesses, including bystanders and nearby residents
  • Requesting the driver’s cell phone records when distraction is suspected
  • Investigating the driver’s speed, intoxication, or history of moving violations
  • Collecting all medical records from emergency treatment and ongoing care
  • Retaining accident reconstruction specialists when fault is contested
  • Working with medical and vocational experts to document the full extent of injuries and future needs

What to Expect: The Pedestrian Accident Claim Process

Emergency Evidence Preservation:

The first priority is evidence. We contact the relevant municipalities, businesses, and traffic management systems immediately to preserve any available footage and physical evidence from the scene before it disappears.

Fault Investigation:

We build the factual record establishing the driver’s responsibility. This includes the police report, witness accounts, physical evidence, and where necessary, accident reconstruction analysis. We simultaneously develop the rebuttal to any pedestrian fault arguments the insurer will raise.

Injury Documentation:

Pedestrian accident injuries are typically severe. We work with your medical team and, where appropriate, independent medical experts to document your diagnosis, treatment, and prognosis. Future medical costs, rehabilitation needs, and lost earning capacity are assessed and quantified.

Demand, Negotiation, and Litigation:

We present a comprehensive demand and negotiate toward a fair resolution. When insurers refuse to account for the full extent of damages or persist in blaming the pedestrian, we take the case to court. Attorney Corrao has experience litigating pedestrian accident cases in both Rhode Island and Massachusetts.

Why Choose Corrao & Robles Law?

Fast response:

We move quickly to capture evidence that disappears rapidly in pedestrian cases

Fault narrative expertise:

We build the evidentiary foundation before the insurer sets its story

Both states:

Experienced across Rhode Island and Massachusetts courts and procedures

Contingency representation:

No fees unless we recover

Frequently Asked Questions

Yes, potentially. Crossing outside a crosswalk may affect comparative fault, but it doesn’t eliminate a claim. Drivers have a legal duty to exercise reasonable care to avoid striking pedestrians regardless of where they are. If a driver saw a pedestrian crossing and had time to stop or swerve but failed to do so, the driver may still be primarily at fault. The fault analysis depends on the specific facts: the pedestrian’s visibility, the available sight distance, the driver’s speed, and whether a reasonable driver could have avoided the collision. A partial fault finding reduces recovery; it doesn’t eliminate it in Rhode Island. In Massachusetts, recovery is only cut off if the pedestrian is found more than 50% responsible. Attorney Corrao reviews the facts of every pedestrian accident carefully before any liability conclusion is accepted.

Pedestrian accident claims can recover medical expenses such as emergency care, hospitalization, surgeries, rehabilitation, and projected future treatment, such as lost income, reduced future earning capacity, and pain and suffering. Pedestrian injuries are frequently catastrophic: traumatic brain injuries, spinal cord damage, pelvic fractures, lower extremity fractures, and internal organ damage. Claims with permanent injuries account for the lifetime consequences, like future medical care, ongoing limitations on daily activity, and the loss of the ability to engage in activities that were meaningful before the accident. Attorney Corrao builds damages cases that reflect the actual scope of these injuries rather than accepting whatever framing the insurer proposes.

Both situations can be addressed through your own uninsured motorist coverage. In a hit-and-run, the at-fault driver is treated as an uninsured motorist for UM coverage purposes, subject to certain reporting and procedural requirements. If the driver remained at the scene but had no insurance, UM coverage is your primary recovery path. UM claims against your own insurer are not without conflict. Your insurer still has a financial interest in minimizing the payout, but the coverage exists and Attorney Corrao handles UM disputes in both Rhode Island and Massachusetts. If you’re unsure what coverage you have, that review is part of the initial case evaluation.

Quickly. The statute of limitations for pedestrian accident claims in Rhode Island and Massachusetts is generally three years from the date of the accident. But the evidence window is much shorter. Surveillance footage may be overwritten in 24 to 72 hours. Physical evidence at the scene changes quickly. Witnesses become harder to locate. And if a government entity bears responsibility for the road conditions that contributed to the accident, notice requirements as short as 60 days in Rhode Island may apply. Acting within days, not weeks, of the accident protects the evidentiary foundation of the claim.

Medical bills after a serious pedestrian accident can be overwhelming. Several options exist depending on your situation: your own health insurance, medical payment coverage on your auto policy, and in some cases, treatment providers willing to provide care on a lien basis, meaning they agree to be paid from the eventual settlement rather than upfront. Attorney Corrao can help identify coverage sources and connect injured clients with treatment resources so that medical care doesn’t have to wait for the case to resolve.

Talk to a Pedestrian Accident Attorney

Being struck by a vehicle is a traumatic experience with consequences that can last for years. If you were injured as a pedestrian in Rhode Island or Massachusetts, Corrao & Robles Law is ready to fight for the compensation you’re owed.

Contact us today for a free consultation.