car accident attorney - Marcotte Law Firm

Massachusetts bicycle safety called into question after the tragic loss of activist Louisa Gag

Marcotte Law Firm LLC — Mon, 20 Jul 2026 14:33:26 GMT

On July 9, 2026, 36-year-old Louisa Gag, a transportation planner for the City of Boston and longtime bicycle safety advocate, was riding her bike to work at City Hall. While traveling on Tremont Street near Roxbury Crossing, an intersection that cycling advocates for years flagged as dangerous, she was struck and killed by a truck driver and pronounced dead at the scene.

Gag devoted her professional life to preventing exactly this kind of crash.

Those who ride bikes or use them for commuting in and out of the city aren’t just frustrated; they are scared.

Before joining the city, she worked for years at LivableStreets Alliance, a Cambridge-based advocacy group pushing for safer, more connected streets, and she had co-authored plans aimed at eliminating traffic deaths.

Even so, Gag became another frightening statistic and another example of why greater protections for bicycle riders are necessary.

In the wake of her death, nearly 4,000 people signed an open letter to Boston Mayor Michelle Wu, demanding that street safety projects be resumed (an accelerated) in the wake of Gag’s death. In the letter, bike safety advocates and city residents noted how Gag spent her career working to make streets safer. “She was killed on the streets she spent her career trying to fix,” the letter read. “Years ago, one of her professional responsibilities was keeping the list of people killed by cars in Boston. Now her name has been added to it.”

Massachusetts laws bicyclists should know

As a personal injury attorney, I have seen the aftermath of these crashes: the broken bones, the totaled bikes, and the families ruminating about how to pay medical bills. Most of us are taught fundamental safety knowledge when we first learn to ride a bike. We are taught to ride on the right side of the road alongside cars, to use our hand signals, and to wear flashing lights and retroflective gear to ensure visibility day or night. Inside a busy city, with intersections filled with pedestrians, motorized scooters, e-bikes, and cars, safety and safe riding are paramount.

Safety for bicyclists also extends to those who make state laws, maintain the roadways, and others who use them. Currently, Massachusetts maintains meaningful legal protections for cyclists; protections fought for by people like Gag and organizations like LivableStreets Alliance and the Boston Cyclists Union, including:

The 4-Foot Safe Passing Law. Since 2023, Massachusetts’ Vulnerable Road User law has required drivers to give cyclists (along with pedestrians, roadside workers, and other vulnerable road users) at least four feet of space when passing. If a lane is too narrow to safely provide such clearance, the driver is required to change lanes or wait until it’s safe to pass.
Protection From “Right Hooks” and Left-Turn Collisions. Under the 2009 Bicyclist Safety Bill, drivers are prohibited from making abrupt right turns across a cyclist’s path after passing them, and they must yield to oncoming cyclists (including those legally riding on the right-hand shoulder) when making left turns.
The Dooring Law. Drivers and passengers are legally required to check for cyclists before opening a car door into traffic. Violators can face fines, and if a cyclist is injured as a result, that violation can support a civil claim.

The small handful of laws that exist are still viewed by many as not enough. At a vigil held in Gag’s honor, bicycle safety advocates ratcheted up demands to build, extend, and add to current safety steps to reduce the impact of traffic violence on people.

Do Massachusetts bicyclists have legal protection?

Even if you are unsure whether you have a case, Massachusetts personal injury claims are subject to strict filing deadlines, and evidence has a way of disappearing quickly. Vehicles get repaired, witnesses move on, and surveillance footage gets overwritten.

If injured in a bicycle crash, the most important first step is to seek medical attention. Once in a more stable position, report the crash to the police. If possible, document the scene of the crash. The road conditions, any skid marks, and witness information. Camera footage from helmet cams or dash cams has become an increasingly important piece of evidence in these cases, and Massachusetts’ civil laws around fault and passing distance can make a real difference in how a case is resolved. An early consultation with a leading personal injury law firm like Marcotte Law Firm costs you nothing and can preserve options you may otherwise lose.

What happened to Louisa Gag is both deeply tragic and ironic. She lived to create safer streets and perished while using them in a way she sought to protect. In a state as grand as Massachusetts, where cycling for exercise, enjoyment, and with purpose (i.e. commuting) is popular, the fight that Gag and her counterparts initiated has become paramount. Marcotte Law Firm stands as an advocate for those demanding greater protections and remedies.

This article is provided for general informational purposes and does not constitute legal advice.

July 20, 2026

Boston Named the Most Collision-Prone City in America (Again)

Marcotte Law Firm LLC — Thu, 16 Jul 2026 18:47:22 GMT

For the second year in a row, Allstate Insurance’s 2026 America’s Best Drivers Report ranked Boston as “the most collision-prone city in the entire country.”

According to the report, Boston drivers average just 3.76 years between collisions, giving them a relative crash likelihood roughly 189% higher than the national average. For context, the average U.S. driver goes nearly 11 years between collisions.

The city of Boston wasn’t alone, either, as Worcester and Springfield also landed in the ‘top 5 worst’ cities ranked (out of 200), with Providence, Rhode Island earning a spot in the top ten riskiest metros to drive in. The report further found that the Northeast is home to seven of the ten riskiest cities in the nation to drive in; a list which also includes Washington, D.C., Baltimore, and Philadelphia alongside the named Massachusetts cities.

The newly released report is based on property damage claims filed between January 2023 and December 2024. Allstate also pointed to behavioral data from its Drivewise telematics program, noting that Boston stands out for elevated rates of phone use when driving, a habit that becomes especially dangerous when combined with the region’s dense traffic, narrow streets, and famously confusing intersections.

A Regional Response: The “New England Drive to Save Lives” Campaign

With population increases post-COVID, as well as hundreds of thousands of seasonal tourists visiting New England each year (Summer on the Cape and Islands, Autumn leaf peepers, and White Mountain skiers), the problem has raised enough alarms.

Massachusetts, New Hampshire, Rhode Island, Maine, Vermont, and Connecticut have joined forces this summer in support of the New England Drive to Save Lives campaign, a coordinated regional effort involving state and local police, highway safety offices, and the National Highway Traffic Safety Administration.

The campaign includes increased highway patrols, community outreach events, and public safety messaging aimed at shifting driver mindsets before small bad habits turn into serious crashes.

Law enforcement agencies along the I-95 and I-91 corridors are stepping up enforcement of speeding, distracted driving, and seatbelt laws through the busy summer travel season, with additional waves of enforcement planned as the calendar moves into Fall, just in time for leaf-peeping tourists, shortened daylight hours, and back-to-school traffic.

Tips for Driving Safely in Massachusetts and Southern New Hampshire

Whether you’re a lifelong local or just passing through, a few precautions can go a long way toward keeping you and your family safe:

Put the phone away. Distracted driving is a major factor behind Boston’s ranking. Use hands-free settings, or better yet, silence notifications entirely while driving.
Build in extra time. Summer road work and detours are common throughout Massachusetts and New Hampshire (hello, Cape Cod bridges!). Stay patient and expect sudden slowdowns
Watch for pedestrians and cyclists. Warmer weather brings more foot and bike traffic, particularly in dense areas like Boston, Cambridge, and Worcester. Slow down near crosswalks and give cyclists a wide berth.
Keep a cool head. New England drivers have a reputation for aggressive driving. It’s a good idea to signal early, commit to merges, and, for goodness sake, don’t hesitate in a rotary, since hesitation is often what leads to accidents.
Anticipate heavier weekend and holiday traffic. Leaf-peeping season and fall weekend getaways bring a surge of unfamiliar drivers. Locals know what’s coming, so give yourself extra time to navigate the increased volume.

Even the most careful drivers can’t control what other people do on the road. If you or a loved one has been injured in a collision anywhere in Massachusetts or southern New Hampshire, Marcotte Law Firm is available to help. Contact us today for a free consultation.

July 16, 2026

This post is for informational purposes only and does not constitute legal advice.

NEWS RELEASE: ATTORNEY MICHAEL MOLLOY OF MARCOTTE LAW FIRM JOINS MERRIMACK VALLEY FOOD BANK’s BOARD OF DIRECTORS

Marcotte Law Firm LLC — Mon, 06 Jul 2026 12:00:00 GMT

Providing relief to shelters, food pantries, and meal programs across the Greater Lowell and Merrimack Valley in their fight against food insecurity

LOWELL, Mass. (July 6, 2026) – Marcotte Law Firm, LLC today announced that Michael D. Molloy, Esq., the firm’s Managing Member, has joined Merrimack Valley Food Bank’s (MVFB) Board of Directors. Attorney Molloy will lend his legal expertise and deep ties to the Greater Lowell community to help guide the organization’s ongoing mission to fight food insecurity.

This additional responsibility is not new for Attorney Molloy, whose practice focuses on personal injury litigation, workers’ compensation, and disability law. Beyond the courtroom, he has a long history of civic engagement in Greater Lowell, including serving on the Board of Directors for the Greater Lowell Chamber of Commerce, the Greater Lowell Bar Association, and the Massachusetts Bar Association. His appointment to the MVFB Board reflects his ongoing commitment to community, which has become a family hallmark given the Marcotte/Molloy family legacy and residency in Lowell for nearly 100 years.

Debbie Callery, executive director of the Merrimack Valley Food Bank shared, “We are delighted to have Michael join our Board of Directors. His long record of service to the Greater Lowell community speaks for itself, and we look forward to partnering with him in our fight against food insecurity.”

The focus of the Merrimack Valley Food Bank (MBFB) is to help meet a person’s most profound need — adequate nutrition and freedom from hunger. Through its six hunger relief programs, the Merrimack Valley Food Bank provides nutritious food to food pantries, shelters, soup kitchens, and other programs that serve individuals and families in 33 communities across Massachusetts and New Hampshire.

“I’ve spent my entire legal career representing people from this community, and have seen firsthand how many families are working hard and still struggling to make ends meet,” said Molloy. “Joining the Board of the Merrimack Valley Food Bank is a natural extension of that work, and I’m honored to support an organization that shows up for our neighbors every single day.”

About the Merrimack Valley Food Bank

Founded in 1991, the Merrimack Valley Food Bank (MVFB) is a community-supported 501(c)(3) nonprofit organization dedicated to helping provide access to adequate nutrition and freedom from hunger. MVFB serves up to 70,000 people each month in more than 33 communities across Massachusetts and New Hampshire. Through six hunger relief programs, the MVFB provides home grocery delivery for homebound seniors, in-school food pantries, supplemental food for students, a food rescue program that diverts millions of pounds of food from landfills each year, and free farmers’ markets at low-income and senior housing sites.

About Marcotte Law Firm, LLC

Marcotte Law Firm, LLC is Lowell’s (Massachusetts) leading personal injury and workers’ compensation firm. For more than six decades, Marcotte Law has provided trusted, client-centered legal advocacy to individuals and families across Northern Massachusetts and Southern New Hampshire. Originally founded by the late Albert J. Marcotte (1930–2020), the firm is led by Marcotte’s grandson, Michael Molloy, Esq. Supporting clients throughout the Merrimack Valley, the multi-generational firm today offers more than 150 years of combined legal experience and has earned distinction for its highly personalized and detail-oriented approach. Member attorneys have also been consistently recognized by SuperLawyers® and Martindale-Hubbell for legal excellence. More information about the firm, practice areas, and attorneys can be found at: marcottelawfirm.com.

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Media contact: Wendy Agudelo; Image Professors; wendy@imageprofessors.com.

NEWS RELEASE: MARCOTTE LAW FIRM’s MICHAEL MOLLOY TEMPORARILY SWAPS THE COURTROOM FOR THE STAGE

Marcotte Law Firm LLC — Wed, 13 May 2026 19:26:14 GMT

Joins Improv Asylum Boston to “Whoop It Up for Women!”

Annual Women’s Bar Foundation (WBF) Fundraiser Raises Money to Support Domestic Violence Survivors and Elders Across Massachusetts

Lowell, Mass. (May 15, 2026) — Michael D. Molloy, the managing member of Marcotte Law Firm, LLC, was selected by the Women’s Bar Foundation (WBF) to appear as a guest performer at the organization’s annual fundraiser, Whoop It Up for Women! 2026. Proceeds from the signature event fund legal assistance to low-income individuals across the Commonwealth. Boston notables, including Governor Maura Healey and Mayor Michelle Wu, as well as celebrities Fran Drescher and Kim Miles, have previously attended.

Heralded as “the funniest show you’ll ever be a part of,” entertainment for the evening will be helmed by Improv Asylum, Boston’s premier live comedy improv troupe. Organizers further flipped the script this year, adding a short list of local attorneys to serve as improv comedians. Michael Molloy (Marcotte Law Firm) and three members from Wolf Greenfield – Cara Dawson, Francesca Householder, and Caitlin Schneider – will join Improv Asylum for one night only, to augment the troupe’s quick-witted, interactive, laugh-out-loud performance, with their own brand of comedic prowess.

“Being asked to perform at an event like this may be daunting to some, but I couldn’t be more excited to join the improv cast,” shared Molloy. “I’m honored to participate in an event that raises funds and awareness for the critical work done by my law colleagues and members of both the Women’s Bar Association and the Women’s Bar Foundation. I plan to bring my comedic A-game.”

Whoop It Up for Women! features a cocktail reception, a 50/50 raffle, and a live auction, the proceeds of which will provide free legal assistance to domestic abuse survivors, low-income elders, and incarcerated women. Main support programs include the Family Law Project for Domestic Abuse Survivors, Elder Law Project, and the Women’s Prison & Re-Entry Project/Clemency Project.

Whoop It Up for Women! will be held at the Boston Harbor Hotel (70 Rowes Wharf, Boston) on Thursday, May 28, 2026, from 6:00 – 9:00 p.m. To become an event sponsor or to purchase tickets, visit www.wbfcomedy.org.

Marcotte Law Firm, LLC was established in 1964 by the late Albert J. Marcotte (1930-2020). For more than six decades, the firm has provided trusted, client-centered legal advocacy to individuals and families across Northern Massachusetts and Southern New Hampshire. Now led by Marcotte’s grandson, Michael Molloy, Esq., the multi-generational firm offers more than 150 years of combined legal experience in personal injury and workers’ compensation matters. Marcotte Law Firm has earned distinction for its highly personalized and detail-oriented approach, and member attorneys have been consistently recognized by SuperLawyers® and Martindale-Hubbell for legal excellence. More information about the firm, practice areas, and member attorneys can be found at: marcottelawfirm.com.

Media contact: Wendy Agudelo; Image Professors, Inc. ; wendy@imageprofessors.com

May 15, 2026

What Happens in a No-Fault Car Accident?

Marcotte Law Firm LLC — Mon, 28 Feb 2022 19:18:18 GMT

It is an unfortunate truth that car accidents are a common occurrence in this country. When more than one vehicle is involved, establishing fault is crucial to an insurance claim, as well as any potential lawsuit. This makes sense; if it is your fault, you or your insurance company should bear the brunt of any incurred expenses by the other party. However, a minority number of states are what is known as “no-fault states,” and Massachusetts is one of them. So what does this mean? Let’s begin with what it does not mean. Being in a “no-fault” state does not mean you can run a red light, crash into someone’s car, and not be responsible. When a car accident occurs, someone is still “at fault.” Rather, the primary difference between fault and no-fault states involves car insurance requirements. No-Fault states provide certain types of insurance to people in almost ayn type of accident, no matter whose fault it was. As you are likely aware, Massachusetts requires every registered car to purchase insurance in four (4) parts.

Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

How Do I Document an Injury?

Marcotte Law Firm LLC — Mon, 02 Aug 2021 13:22:34 GMT

How Do I Document My Car Accident Injuries? When you’ve been injured in a car accident, your life can be turned upside down. In addition to dealing with the normal hurdles that life brings, you also have to deal with an injury. Now you’re also having to go to doctor’s appointments and therapy visits while also having to deal with the fact that your normal activities now aren’t as easy to do. How an injury affects your life on a day to day basis is what is generally known as pain and suffering. While many rightly assume that it’s their Personal Injury Lawyer’s job to prove your pain and suffering, it’s actually a joint venture. Like a basketball player without shoes, a personal injury attorney can only do so much to prove injuries if he or she doesn’t have a client who properly documents those injuries. Making Medical Appointments The first step in documenting an injury is scheduling or seeing a doctor. An insurance company (or jury if you go to trial) works under the assumption that if a person doesn’t go to the doctor, that person’s injuries cannot be that bad. While this isn’t always fair, it’s how the world works. Some people are hypochondriacs who see doctors for a small cut on their finger. Others only go to the doctor if their leg is falling off. While no one should go to the doctor if they don’t need to, being a superhero and assuming your injury will get better on its own might hurt your case. Following Up Whenever we see doctors, we’re likely to get a recommendation for some sort of treatment. Whether it’s a referral for Physical Therapy or an order for an MRI, it’s important that you follow doctor’s orders. This is true even if you don’t necessarily agree with your doctor. For example, many people immediately want an MRI of their injury. Unfortunately, many doctors like to try physical therapy before ordering any pricey scans. Even if the therapy doesn’t work, having gone through the process helps show that your injury is bad enough to warrant treatment and it’s serious enough to require additional workups. Second Opinions However, that’s not to say that a second opinion might not be the way to go. Many of our clients get second opinions for a variety of reasons. For example, if a client gets a recommendation for surgery, getting a second opinion about whether that surgery is really necessary can be a good idea. On the other hand, some doctors tell our clients that they’ve reached a medical end result and nothing more can be done. A second opinion can bring a fresh set of eyes and other options that could save you from lifelong problems. Medical Journal Some personal injury attorneys will instruct their clients to keep a journal to document these injuries. We don’t necessarily suggest that to our clients, but we do get them from time to time. What clients should remember is that journals should be used as a way to refresh your memory about your events. It’s not necessary to write down every single thing that happened to you, but rather jot down a few bullet points. For example, if you’ve having back problems that prevent you from bending over, you might jot down a couple things that you can’t do because of your injury, such as tying your shoes or taking out the trash. Experienced Lowell Personal Injury Lawyers At Marcotte Law Firm, our Lowell Personal Injury lawyers have decades of experience representing injured individuals. If you’ve been hurt, call us for a free, no obligation consultation.

Rideshare Accidents Are On the Rise

Marcotte Law Firm LLC — Wed, 23 Jun 2021 13:24:45 GMT

Given the prevalence of ridesharing services, i.e., Uber and Lyft, it is understandable that rideshare car accidents involving these services are on the rise. As common as motor vehicle accidents are, it stands to reason that these services would be as likely to be involved in an accident as any other vehicle. However, due the nature of their employment relationships and often three (3) or more parties being involved, ridesharing accidents present a unique set of circumstances that differentiate them from normal motor vehicle accidents and even accidents involving taxi cabs, the service they are replacing.

Where these accidents often differ with ridesharing, is that there are now multiple levels of personal involvement; the rideshare company itself, the driver – who is an independent contractor, the passenger, and any other 3rd parties involved in the accident. The competing interests and responsibilities of these multiple actors can lead to difficulty obtaining relief for an injured party.

An important fact to know is that individuals who drive for rideshare companies are not “employees,” in the legal sense. Rather, they are independent contractors. This is significant for a couple for reasons. First, from the perspective of the driver, they are not entitled to Workers’ Compensation in the event of a workplace accident. Next, you are required to carry your own insurance. As we will see, when the accident occurred in the course of the driver’s day has huge significance. For example, according to Uber’s website, they offer supplemental coverage of varying amounts depending on the status of the driver.

Offline or the Driver app is off

The driver’s personal insurance company and coverages apply

Available or waiting for a ride request (Uber maintains, on behalf of the driver)

Third-party liability if your personal auto insurance doesn’t apply
$50,000 in bodily injury per person
$100,000 in bodily injury per accident
$25,000 in property damage per accident

En route to pick up riders and during trips (Uber maintains, on behalf of the driver)

$1,000,000 third-party liability
Uninsured/underinsured motorist bodily injury
Contingent comprehensive and collision
Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)
Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible

If you are driving for a rideshare service like Uber or Lyft, it is important to understand what you are and are not covered for and when. Massachusetts has a minimum requirement for vehicle insurance coverage and insurance companies often require you to provide notice you will be using your vehicle to provide rideshare services.

The third aspect of the independent contractor-Uber/Lyft relationship we will touch on revolves around a legal doctrine known as “respondeat superior.” Respondeat superior stands for the proposition that an employer can be found liable for the actions of their employee. However, this doctrine is generally unavailable in cases involving independent contractors. What this means is that Uber and Lyft are able to distance themselves from any tortious actions of their drivers.

At this point, it should be clear that these rideshare companies have positioned themselves to avoid direct liability for the actions of their drivers. In practice, this means it can often be difficult to ascertain whose insurance companies to target in order to handle claims. As is a recurring theme in our practice, the involvement of insurance companies tends to complicate matters. It is usually in your best interest to work with an experienced rideshare injury attorney.

Finally, while to this point the article has focused on the driver’s legal work status (independent contractor) and insurance, the reality is that with any motor vehicle accidents, injuries can occur to the driver, passenger(s), and 3rd parties. If you are the passenger or 3rd party in a rideshare accident, you are accorded the same personal injury rights as any other motor vehicle accident. Like other motor vehicle accidents, it is in your best interest to seek the services of an experienced personal injury attorney who can help you through the process.

Pedestrian Accidents in Massachusetts

Marcotte Law Firm LLC — Mon, 14 Jun 2021 13:13:01 GMT

As the weather turns from winter to summer (does spring even exist anymore in New England?) and as we move back to normal, we will find ourselves outside more often. Walking is a great way to get outside, clear your mind, and generally improve your well-being. Most cities and towns have clearly marked areas for pedestrians to walk, usually in the form of sidewalks and crosswalks. However, accidents do occur. So what happens when, through no fault of their own, a pedestrian is struck by a vehicle? And what are the responsibilities of each party; the pedestrian and the driver?

To answer that we should look at where the accidents typically take place. Two (2) common locations where pedestrian accidents occur are in crosswalks and parking lots. Intuitively, this makes sense as these are areas where people and cars intersect. By their nature, these are high pedestrian-traffic areas. Drivers are taught to be aware of pedestrians in these areas.

Crosswalks

When a vehicle approaches a crosswalk, drivers are instructed to slow down and be vigilant for pedestrians. If a person is already in the crosswalk, then they have the “right of way” and drivers must always yield to them. From the pedestrian’s perspective, the different types of crosswalks have slightly different rules.

For example, some crosswalks are controlled by a walk signal button, i.e., there is a button to push that will expedite a red light, making it safe to cross. At these types of crosswalks, upon pressing the walk-signal button, the pedestrian must wait until the “walk” signal flashes and it is safe to cross. Some intersections do not have a walk signal button and only have painted crosswalks. At these crossings, pedestrians always have the right of way. Finally, some intersections have no crosswalk at all, e.g., side streets, driveways, and parking lots. Again, pedestrians have the right of way and drivers are required to yield as if a crosswalk was there.

Parking Lots

Another common site for pedestrian accidents are parking lots. Parking lots provide a unique situation where cars and pedestrians are constantly around each other. So it makes sense that the potential for pedestrian accidents is higher. Most parking lots do not have marked crosswalks and if they do, they only mark a path across the main roadway between the store(s) and the actual parking spaces. Therefore, as mentioned above, pedestrians do have the right of way and drivers must yield to them.

Within the context of parking lots, but also applicable to driveways, many accidents involve a driver who is backing up. Often, drivers rely solely on their mirrors, which leaves the driver with blind spots. Even cars with rear-facing cameras cannot clear all possible blind spots. While the safety impetus falls on the driver, it is always good practice to keep an eye out for any vehicles backing out of a parking space or driveway.

That last line is notable. It is important to remember that simply because the law is on your side and you have the right of way, it does not mean you should not be vigilant. Pedestrian-vehicle accidents are mostly one-sided when it comes to physical damages. Further, the most common reason for these accidents are carelessness of the driver. Checking our phones, changing the radio station, or turning to talk to the person next to us are things we have all done and only take a second or two.

Unfortunately, when driving a vehicle, these lapses in focus can be dangerous. Combine the vast discrepancy in size between a vehicle (even a slowly moving one) and a pedestrian, and the potential for serious bodily injury is high. That is why it is incumbent on drivers and pedestrians to pay extra attention in high pedestrian-traffic areas, like parking lots and crosswalks.

However, if you find yourself the victim of a pedestrian accident, it is in your interest to contact an experienced attorney who can help you determine the legal remedies available to you.

What is a Hit and Run Accident?

Marcotte Law Firm LLC — Fri, 16 Apr 2021 15:22:36 GMT

Hit-and-Run Accidents Many of us have been involved in a car accident, whether it be a “fender-bender” or something more serious. Regardless of the severity of the accident, it is a jarring experience. Because it happens so suddenly, it takes some time to realize what actually happened. Your brain is processing not just how the accident happened, but also trying to evaluate whether you’re injured. Our mind rattles off a million questions – “Am I OK?,” “Is the other person OK?,” “How bad is this?,” “What happened?,” “Whose fault was it?” After those few seconds pass, the normal thing to do is to make sure everyone is OK. Then, the parties exchange contact and insurance information and call the police (even if no one is seriously injured, the police will file an accident report that is often needed by your insurance company). What few people expect is for the other vehicle to leave the scene. In Massachusetts, it is a crime to leave the scene of an accident if someone was injured or property was damaged over a certain amount. If you are the victim of one of these “hit-and-run accidents,” you may also be entitled to compensation. What exactly is a hit-and-run accident? A hit-and-run accident is any accident in which a vehicle hits a person, object, or another vehicle, AND the driver knowingly leaves the accident without providing contact and insurance information. Examples range from something relatively minor – like a driver hitting a parked car in a parking lot, causes damage (e.g., scratching the paint or causing a dent), and then driving off before anyone notices – to something very serious, like a driver hitting a pedestrian or bicyclist and fleeing the scene to avoid being identified. There are many reasons why a driver leaves the scene of a collision, including:

The driver panicked or made a spur-of-the-moment decision;
Intoxication/drunk driving/operating under the influence;
Unlicensed operator, i.e., if the other driver doesn’t have a license;
Outstanding warrant or stolen vehicle (i.e., he/she would be arrested if police were called to the scene).

What Should I do if the Other Driver Leaves the Scene? Most importantly, DO NOT chase after the other car. This only puts yourself and others in danger through the chase itself or eventually confronting the driver. When you realize another driver is attempting to leave the scene, there are a few things you can do. First, try to identify the vehicle in question. If you can, take a picture of the other vehicle, ideally the license plate, but a photo of other identifying information, e.g., color, make, or model, is also helpful to the police. If there are witnesses, you can also ask them to provide any information they may have. Second, call the police. Give them all the information you have, including any photos or observations of the other car. Even if you only got a partial view of the license plate, that could be helpful. Will My Insurance Cover Me? There are two types of insurance that cover these situations: Uninsured Motorist Coverage will pay the compensation for your injuries. This is required coverage, meaning everyone in Massachusetts has it, although the amount of the insurance varies depending on what you paid for. So in many situations, you won’t be any worse off because the other car fled the scene. Collision Coverage will pay for any damage to your car. This is an optional coverage, meaning you may not have it. Am I entitled to additional damages? Yes, depending on the facts of the case. For example, if the paint of your car was scratched, as a general proposition, a court will not find injuries necessitating compensation. However, if you were to suffer physical and or emotional harm due to being in a car accident, you may be able to pursue a claim against the driver. Furthermore, as leaving the scene is a crime in Massachusetts, a judge in the criminal case could order the driver to pay damages. Even if this were to happen, you can still pursue a civil lawsuit seeking additional compensation for your injuries.

If you’ve been injured in a hit and run accident, call the Car Accident Lawyers at Marcotte Law Firm for a free, no obligation consultation.