My son was hit crossing the street in a crosswalk on a state road in Massachusetts. He got a traumatic brain injury. Six days after he was h...

Question

My son was hit crossing the street in a crosswalk on a state road in Massachusetts. He got a traumatic brain injury. Six days after he was hit they put up blinking lights and a new signs. Can I hold the state responsible?

Answer

I am so sorry to hear this happened.

I truly hope that your son is expected to make a full recovery. I do not think you would be successful in holding the state accountable, but you would certainly be successful in holding the driver responsible. My hope is that you know who did this, and they did not simply strike your son and then flee.

Please let us know if my firm can be of any assistance.

Answer

I am sorry to hear about your son. It would be a very difficult case to prove against the state. The better course of action is to try to collect from the driver of the vehicle. Please contact me if you would like some assistance with this matter.

David Green

[email protected]/* */

(617) 357-8600 x 103

Answer

You might be able to hold the state responsible, however the state has a liability cap of $100,000 which will probably seem small once you get all the medical bills, and you would need to hire expert witnesses to prove that case. In addition, there are immunities where the state failed to protect but was not the "original cause" of the accident, and for discretionary and planning decisions. As above, you might do better to consider the responsibility of the motorist who hit the boy, and if that party does not have sufficient insurance for the TBI then to seek recourse from your own Underinsured Motorist Coverage (hopefully you purchased high limits). You would do well to speak to an experienced lawyer about this. Regards, JBS