I was driving in Boston during rush hour and I hit a guy who was listening to an ipod with earplugs. He walked off the sidewalk without even looking in my direction I'm guessing because my car is small and was below the roof line of other parked cars and because he couldn't hear a thing because of his headphones. So my side view mirror hit him in the elbow and he may have broken it. I gave him my information and this was two days ago. I know insurance will cover this thing to a certain extent but what if he tries to sue me for more damages? I feel like he was negligent not me and so I (or my insurance) shouldn't have to pay anything for his injury. I feel bad for him but how could I know he was going to walk in the street? Is that how it will work?
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Comparative negligence in MA
Apparently, this is a huge problem, especially among young men. Some studies indicate that the rate of serious injury caused to people who are listening to loud music, and are therefore less aware of their surroundings, has tripled in recent years. People walk in front of cars and up injured or worse.
As for your situation, with the limited information you have provided, it is hard to tell you how things will work out. With respect to whether you are eventually found liable or negligent so that your insurance company (or you) might have to pay damages to the pedestrian, the negligence of the pedestrian is certainly relevant. Massachusetts is a modified 'comparative negligence' state. In a nutshell, that means that an injured pedestrian, as in your example, may still be able to recover damages for an injury, even if he was also negligent, as long as the pedestrian was not 'more negligent’ than you, the driver of the vehicle. In other words, if a fact finder determines that 51% or more of the blame should be attributed to you, the pedestrian may still recover damages, but the amount of his recovery will be reduced according to the percentage of culpability. I wouldn't worry too much about this. Talk to your insurance company. I suspect this is a matter that will be resolved by insurance companies).