Danvers MA Pedestrian Struck

A 32-year-old Danvers woman was seriously injured when a vehicle struck her on Thursday morning. The crash occurred on Maple Street, in an area that is also Route 62, near the intersection with Burley Avenue at the foot of Lindall Hill at 7:30 a.m.

No charges have been filed in connection with the crash. It was not immediately clear if the pedestrian was trying to cross the street at the time of the crash or whether she was in a crosswalk.

The pedestrian was eventually taken by MedFlight helicopter to Massachusetts General Hospital in Boston. Her condition was unknown on Thursday morning, police said.

The crash closed Route 62 between Locust Street and Beaver Park was closed for about two hours at the peak of the morning commute and school drop off time. Maple Street reopened at about 9:30 a.m.

The crash is under investigation by the Danvers Police and the State Police was assisting with crash reconstruction. State Troopers also assisted in directing divers away from the crash scene and on the detours in the area.

While the incident remiansunder investigation, we have attached a few pertinent statutes and regulations that often come into play in accidents involving pedestrians.

MGL 90 sec 34A. provides the following definition for the term “pedestrian”:

“The term “pedestrian” shall include persons operating bicycles, tricycles and similar vehicles and persons upon horseback or in vehicles drawn by horses or other draft animals.”

Assuming one can meet the definition of being a pedestrian per GL 90 sec.34A, then one can apply 720 CMR 9.06 and 9.09(b) which states that vehicles must stop for pedestrians and other vehicles in a crosswalk.  

Specifically, 720 CMR 9.09 provides:

(27) Vehicle Operation at Crosswalks.

(a) Subject to the provisions of M.G.L. c. 89, § 11, when traffic control signals are not in place or not in operation the driver of a vehicle, which for the purposes of 720 CMR 9.06 shall include bicycles, shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a marked crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian approaches from the opposite half of the roadway to within five feet of that half of the roadway upon which the vehicle is traveling.

 (28) Operators to Exercise Due Care. The provisions of 720 CMR 9.09 shall in no way abrogate the provisions of M.G.L. c 90, §§ 14 and 14A which provide: “Precautions for Safety of Other Travelers” and for the “Protection of Blind Persons Crossing Ways”, Furthermore, notwithstanding the provisions of 720 CMR 9.00 every operator of a vehicle shall exercise due care to avoid colliding with any pedestrian upon the roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions which may become necessary for safe operation.

(4) Pedestrian Crossings and Use of Roadways.

(a) No pedestrian shall suddenly leave a sidewalk or safety island and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right of way.

(b) Pedestrians shall at all times attempt to cross a roadway using the right half of crosswalks.

(c) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway whenever the sidewalk is open to pedestrian use.

(d) Where sidewalks are not provided, any pedestrian walking along and upon an undivided highway shall, when practicable, walk only on the left side of the road way on its unfinished shoulder facing traffic which may approach from the opposite direction. On any divided highway pedestrians not in violation of 720 CMR 9.08(2)(c) shall walk only on the right side of the roadway on the unfinished shoulder.

(e) Persons a lighting from the roadway side of any vehicle parked at the curb or edge of roadway in urban areas within 300 feet of a marked crosswalk shall proceed immediately to the sidewalk or edge of roadway adjacent to vehicle, and shall cross the roadway only as authorized by 720 CMR 9.00.

(f) It shall be unlawful for any person to actuate a pedestrian control signal or to enter a marked crosswalk unless a crossing of the roadway is intended.

For more information about Massachusetts accident or negligence law, contact the Weymouth law firm of Curran & Desharnais, P.C. Schedule an appointment for a free initial consultation at 781-618-3197 or toll free at 888-682-9194.

Car Accidents, Personal Injury

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