Pedestrian accidents in New Hampshire can present complex legal challenges, often involving questions of fault, insurance, and compensation. Understanding the state’s traffic laws, negligence principles, and insurance requirements is crucial for both pedestrians and motorists to navigate these incidents effectively. Having an experienced law firm can make the difference between being able to recover and being denied compensation.
Legal Framework Governing Pedestrian Rights and Motorist Responsibilities
New Hampshire law mandates that drivers yield the right of way to pedestrians in marked crosswalks and at intersections with traffic control devices. This obligation extends to situations where a vehicle is stopped to allow a pedestrian to cross; overtaking such a vehicle is prohibited. Additionally, drivers must exercise heightened caution when approaching children.
Conversely, pedestrians are required to obey traffic signals and cross streets within marked crosswalks at intersections controlled by traffic signals. When crossing outside of these designated areas, pedestrians must yield to vehicles, although drivers are still obligated to exercise due care to avoid collisions.
Comparative Negligence: Impact on Liability and Compensation
New Hampshire adheres to a modified comparative negligence rule, as outlined in N.H. Rev. Stat. § 507:7-d. Under this doctrine, an injured party can recover damages unless their fault exceeds 50%. If a pedestrian is found to be partially at fault—for instance, by jaywalking or being distracted—their compensation is reduced proportionally. For example, if a pedestrian’s total damages amount to $100,000 and they are deemed 20% at fault, they would receive $80,000 in compensation
Insurance Considerations in Pedestrian Accident Claims
New Hampshire operates under an at-fault insurance system, meaning the party responsible for the accident is liable for damages. While the state does not mandate drivers to carry auto insurance, it is advisable for pedestrians to have health insurance to cover medical expenses resulting from accidents. There are also situations where an injured party may be covered by their own auto policy if the driver that struck them was uninsured.
Common Defenses in Pedestrian Accident Cases
Defendants in pedestrian accident cases often assert that the pedestrian was at fault, citing behaviors such as crossing outside of crosswalks, ignoring traffic signals, or engaging in distracted walking. For instance, a pedestrian engrossed in a mobile device might not notice an approaching vehicle, leading to claims of contributory negligence. However, New Hampshire’s comparative negligence law allows for compensation even if the pedestrian shares some degree of fault, provided their responsibility is less than that of the defendant.
Legal Recourse and Steps Following an Accident
Pedestrians involved in accidents should seek immediate medical attention, even if injuries appear minor, as some may not manifest symptoms immediately. Documenting the scene, obtaining witness statements, and reporting the incident to law enforcement are vital steps. Consulting with an experienced personal injury attorney can help navigate the complexities of liability, insurance claims, and potential litigation.
Conclusion
Pedestrian accidents in New Hampshire are governed by a combination of statutory laws and common law principles that emphasize shared responsibility. Both pedestrians and motorists must adhere to traffic regulations and exercise due care to prevent accidents. In the event of an incident, understanding the state’s negligence laws and insurance requirements is essential for ensuring fair compensation and accountability.
For personalized legal advice and representation, contact the experienced attorneys at Parnell, Michels & McKay if you need assistance navigating the complex area of pedestrian accidents.
Rory Parnell is a graduate of Southern New Hampshire University and New England Law – Boston. Rory worked full-time, for the then Law Offices of Parnell & McKay, every year he was in law school, and has been working at Parnell & McKay and then Parnell, Michels & McKay since 2002. Rory has been a partner at the firm since 2017, and dedicates his practice primarily to civil litigation.
Rory has been admitted to the New Hampshire and Massachusetts Bar Associations since 2011, and is licensed to practice in the United States District Court of New Hampshire. Rory works primarily in the areas of Injury (including motor vehicle collisions, motorcycle collisions, slip and falls, dog bites, trip and falls, and other injuries), Workers Compensation, Real Estate Litigation, Landlord/Tenant, Disability, and General Litigation areas.
Awards and Recognition's:
2021 Forty Under 40 Honoree from the Union Leader
2020 Pro Bono Distinguished Service Award
2017 New Hampshire Bar Foundation -Robert Kirby Award
2014 Pro Bono Rising Star Award
L. Jonathan Ross Award Winner for 2024
Professional and Charitable Affiliations:
Member – New Hampshire Association for Justice
Member – Massachusetts Academy for Trial Attorneys
Member – Queen City Rotary Club
Vice Chair – 603 Legal Aid
President – The Bridge Project (501c3)
Member – Daniel Webster-Batchelder American Inns of Court
Member – NH Bar Lawyer Referral Service Committee