Every Memorial Day weekend the population of Cape Cod multiplies overnight. Main Street in Hyannis, Commercial Street in Provincetown, the villages of Chatham, Falmouth, and Sandwich fill up with visitors who are on vacation, often distracted, and frequently unfamiliar with where they’re walking. The drivers sharing those same streets are navigating unfamiliar rotaries, looking for parking, and sometimes doing both while glancing at their phones.
Pedestrians pay the price. Massachusetts consistently ranks among the states with the highest pedestrian fatality rates relative to overall traffic deaths, and the summer tourist corridor of Cape Cod and the Islands concentrates exactly the conditions that make those accidents happen.
If you or a family member is struck by a vehicle while walking this summer, here is what the law says and what you need to do.
Pedestrian Rights Under Massachusetts Law
Massachusetts law gives pedestrians strong protections at crosswalks. Under M.G.L. c. 89, § 11, drivers must stop and yield the right of way to any pedestrian crossing within a marked crosswalk or within an unmarked crosswalk at an intersection. This is not a yield requirement, it is a stop requirement. A driver who fails to stop for a pedestrian in a crosswalk is committing a traffic violation, and that violation is strong evidence of negligence in a civil claim.
The law applies whether the crosswalk is marked with paint or is simply an unmarked intersection crossing. Many visitors to Cape Cod towns are surprised to learn that intersections with no painted lines still create legal crosswalks under Massachusetts law.
Drivers must also exercise reasonable care to avoid striking pedestrians anywhere on the roadway, not just at crosswalks. A driver who hits someone walking along the shoulder of a road, crossing mid-block in a location with no nearby crosswalk, or entering a parking lot on foot can still be found negligent if the circumstances show they failed to keep a proper lookout or were operating inattentively.
Why Pedestrian Accidents on Cape Cod Are Particularly Dangerous
Several factors make the Cape’s summer streets especially hazardous for people on foot.
High volumes of unfamiliar drivers. Visitors from out of state may not know that Massachusetts crosswalk law is stricter than what they’re used to at home. They’re also navigating unfamiliar roads, often with GPS directions competing for their attention at exactly the moment a pedestrian steps off the curb.
Alcohol. Summer evenings in beach towns mean outdoor dining, bars, and events. Both drivers and pedestrians are more likely to have been drinking after dark, and impaired pedestrians who step into traffic unexpectedly create situations even attentive drivers struggle to avoid. Impaired driving, however, remains the driver’s legal responsibility, and a driver under the influence who strikes a pedestrian faces both criminal charges and substantial civil liability.
Low-speed but still dangerous conditions. Congested summer streets move slowly, which gives some people a false sense of security. Pedestrian injuries in low-speed collisions are still serious. A vehicle traveling 20 miles per hour that strikes a person can cause traumatic brain injury, broken bones, and internal injuries. The physics are unforgiving regardless of how slow traffic feels.
Poor lighting. Evening walks along beach roads, bike paths, and village streets often happen in conditions with minimal street lighting. Drivers who are not actively scanning for pedestrians in these conditions create real danger.
Comparative Fault and What it Means for Pedestrian Claims
Insurance companies defending pedestrian accident claims almost always try to assign some portion of fault to the pedestrian. Common arguments include that the pedestrian crossed outside a crosswalk, was wearing dark clothing at night, was looking at a phone, or stepped into the road without looking. Under Massachusetts’ modified comparative fault rule, a pedestrian who is found to be 51 percent or more at fault cannot recover anything. If their fault is below that threshold, their recovery is reduced proportionally.
This is why the facts immediately after an accident matter so much. Where exactly was the pedestrian when they were hit? Was it within a marked or unmarked crosswalk? What was the driver doing? Were there witnesses? Is there surveillance footage from a nearby business? These questions shape the liability picture, and the answers are easiest to establish in the hours and days right after an accident, before evidence disappears.
The Injuries Are Often Severe
Pedestrians struck by vehicles have no protection at all. The most common serious injuries include traumatic brain injury, spinal cord injuries, pelvic and hip fractures, leg fractures, and internal organ damage. Many pedestrian accident victims face lengthy hospitalizations, surgeries, extended rehabilitation, and permanent limitations on their ability to work and enjoy daily life.
Massachusetts personal injury law allows recovery for all of these losses, including past and future medical expenses, lost earnings and future earning capacity, pain and suffering, and loss of enjoyment of life. In cases where a pedestrian is killed, the family can pursue a wrongful death claim under M.G.L. c. 229, § 2, which includes compensation for the conscious suffering of the victim before death, the family’s economic losses, and punitive damages when the driver’s conduct was reckless or grossly negligent.
What to Do if You or a Family Member is Hit
Call 911 immediately and make sure a police report is filed. Get medical attention right away even if injuries seem minor at the scene. Adrenaline and shock mask pain, and serious injuries including traumatic brain injury and internal bleeding are not always immediately apparent.
If you are physically able to do so at the scene, photograph everything: the location where you were struck, the vehicle, the driver’s license and registration, skid marks, crosswalk markings or their absence, and any visible injuries. Get the names and contact information of witnesses before they leave.
Do not give a recorded statement to the driver’s insurance company before speaking with an attorney. The adjuster’s job is to minimize the claim. You are not required to provide a statement, and anything you say will be used to reduce what you recover.
The statute of limitations for pedestrian accident claims in Massachusetts is three years from the date of the accident. In wrongful death cases, the personal representative of the estate has three years from the date of death. Those deadlines are absolute.
If you or a family member has been struck by a vehicle on Cape Cod or anywhere in Eastern Massachusetts, contact Weigand Law at 508-775-3118 or email [email protected] for a free consultation.
Attorney Blair E. Weigand — Helping those with legal questions for 35 years and counting.