After a pedestrian accident, your health and your legal rights depend on what you do next.

Seek medical care immediately. Even if you feel “fine,” injuries such as traumatic brain injuries, spinal injuries, or internal trauma often have delayed symptoms.

Call the Lynn Police Department. A formal police report is critical for insurance and legal claims. Accident reports are typically available through the Lynn Police Department Records Division or via the Massachusetts RMV Crash Portal, though processing can take several weeks.

Preserve evidence at the scene. Take photos or video of the entire area, including your injuries, vehicle positions, traffic signals, crosswalk markings, and nearby landmarks such as Central Square, Western Avenue, or the Lynnway.

Do not give a recorded statement to insurance companies. Adjusters often contact injured pedestrians early to obtain statements before the full extent of injuries is known. You are not required to provide a recorded statement before speaking with an attorney.

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Central Square is one of Lynn’s busiest pedestrian and transit corridors, where foot traffic, buses, and commuter rail activity converge.

Common risk factors include:

• Bus blind spots – Large MBTA buses have significant blind spots, particularly during wide turns at tight downtown intersections.

• High pedestrian volume – Heavy foot traffic increases the likelihood of turning-vehicle collisions.

• Platform and station hazards – Slippery surfaces, uneven pavement, or inadequate warning markings can contribute to serious falls and strikes.

• Complex traffic patterns – Multiple crossings, bus lanes, and signal phases create confusion for both drivers and pedestrians.

Yes, but claims involving the MBTA are more complex than typical car accident cases.

The MBTA is considered a common carrier, meaning it owes passengers and pedestrians the highest duty of care. Claims may arise from operator distraction, excessive speed, fatigue, or poor vehicle maintenance.

MBTA claims also involve strict notice requirements and shorter deadlines than standard personal injury cases, making it critical to act quickly. You only have TWO years to file a formal claim with the MBTA for a personal injury case. This requirement is complex and should be done by an experienced litigation attorney. According to the Massachusetts Tort Claims Act, A written, detailed presentment letter must be sent to the MBTA executive officer within that two year period. The statute of limitations is three years for negligence claims in Massachusetts, however when dealing with a public entity this shortens that notice period to only two years!

Many people with inexperienced attorneys or who wait to contact one have missed this deadline. The result can be devastating as your claim is completely barred, and you get zero recovery for your injuries.

Liability depends on how the accident occurred and where it happened.

Potentially responsible parties may include:

• Negligent drivers for speeding, distracted driving, or failure to yield in crosswalks on roads like the Lynnway, Western Avenue, Boston Street, or Franklin Street.

• Public agencies or municipalities if roadway design, lighting, signal timing, or maintenance contributed to the crash.

• Multiple parties, with fault shared under Massachusetts comparative negligence law.

The court where a Lynn personal injury case is handled depends on the severity of the injuries and the value of the claim.

Lynn District Court generally handles lower-value civil matters, typically cases involving damages under $50,000.

Address: 580 Essex Street, Lynn, MA 01901 Hours: Monday–Friday, 8:30 a.m. to 4:30 p.m.

Many pedestrian and motor vehicle cases never reach this stage because insurance carriers often seek to resolve claims before trial.

Insurance companies—including MAPFRE, Progressive, Safety Insurance, Liberty Mutual, Amica, and others—are familiar with Attorney Matthew Rubner’s litigation history.

As a result, many serious injury cases are resolved through settlement once liability and damages are fully documented. However, when injuries are severe and insurers attempt to limit or deny full compensation, litigation becomes necessary.

In those cases, Lynn personal injury claims are typically filed in Essex County Superior Court in Salem, which has jurisdiction over high-value injury cases involving catastrophic harm, permanent disability, or wrongful death.

Address: 56 Federal Street, Salem, MA 01970 Hours: Monday–Friday, 8:30 a.m. to 4:30 p.m.

Attorney Rubner is an experienced trial lawyer and maintains multiple cases in active litigation at all times. While many Lynn pedestrian and motor vehicle cases resolve through settlement, every case is prepared as if it will be tried before a jury in Essex County Superior Court.