Pedestrian Accident Guide: Practical Tips and Compensation Insights from a Personal Injury Attorney in New Hampshire

Navigating a Pedestrian Accident in New Hampshire: A Comprehensive Guide

Being involved in a pedestrian accident can be a traumatic experience. In New Hampshire, pedestrians have rights, and understanding those rights, along with the legal landscape, is crucial for protecting your interests and seeking fair compensation. This guide, informed by insights from personal injury attorneys specializing in New Hampshire law, provides practical advice and essential information to help you navigate the aftermath of a pedestrian accident.

Understanding New Hampshire Pedestrian Laws and Right-of-Way

New Hampshire law outlines specific rules regarding pedestrian rights and responsibilities. It's essential to understand these laws to determine liability and strengthen your claim.

• 🚶‍♂️Right-of-Way in Crosswalks: In marked crosswalks, pedestrians generally have the right-of-way. Drivers must yield to pedestrians within the crosswalk. However, pedestrians must also exercise reasonable care and not dart into traffic unexpectedly.
• 🚦Unmarked Crosswalks: Even without marked crosswalks, intersections are often considered implied crosswalks. Drivers are expected to exercise caution and yield to pedestrians crossing at these intersections.
• 🛑Crossing Outside of Crosswalks ("Jaywalking"): While not strictly illegal in all situations in New Hampshire, crossing outside of a crosswalk can impact liability, especially if it contributes to the accident. However, drivers still have a duty of care to avoid hitting pedestrians, even those crossing outside of designated areas.
• 🌃Visibility and Nighttime: Pedestrians are advised to wear bright or reflective clothing, especially at night or in low-light conditions, to enhance visibility.
• 📱Distracted Walking: While not specifically legislated against, distracted walking (e.g., using a cell phone) can contribute to accidents. Pedestrians have a responsibility to pay attention to their surroundings.

Immediate Steps to Take After a Pedestrian Accident

Your actions immediately following an accident are critical and can significantly impact your ability to recover compensation.

• 🚑1. Ensure Safety and Seek Medical Attention: Your safety is paramount. Move to a safe location away from traffic. Call 911 immediately to report the accident and request medical assistance. Even if you feel fine, it's crucial to get checked by a medical professional as some injuries may not be immediately apparent. Document all medical treatment, diagnoses, and prescriptions.
• police 2. Report the Accident to the Police: A police report is a crucial piece of evidence. Ensure the police arrive at the scene and file an official report. Obtain the police report number and the names and badge numbers of the officers involved.
• 📝3. Gather Information at the Scene: If you are able, collect as much information as possible at the scene:
  • Driver's name, address, phone number, driver's license number, and insurance information.
  • Vehicle's license plate number, make, and model.
  • Names and contact information of any witnesses to the accident.
  • Take photographs of the accident scene, including the location, vehicle damage, your injuries, traffic signals, and any other relevant details.
• 🚫4. Do Not Admit Fault: Avoid making any statements that could be interpreted as admitting fault for the accident. Stick to the facts when speaking with the police and insurance companies.
• 👨‍⚖️5. Contact a New Hampshire Personal Injury Attorney: Consult with an experienced personal injury attorney as soon as possible. An attorney can advise you on your rights, investigate the accident, and protect your interests.

Determining Liability in a New Hampshire Pedestrian Accident

Establishing liability is crucial for recovering compensation. In New Hampshire, liability is typically determined based on negligence. To prove negligence, you must demonstrate that the driver (or another party) owed you a duty of care, breached that duty, and that the breach directly caused your injuries and damages.

Common causes of pedestrian accidents that point to driver negligence include:

• 🚗Distracted Driving: Texting, talking on the phone, or other distractions.
• 🍷Driving Under the Influence (DUI): Driving while impaired by alcohol or drugs.
• 🚦Failure to Obey Traffic Laws: Speeding, running red lights or stop signs, failing to yield to pedestrians.
• 🌃Poor Visibility: Driving without headlights at night or in inclement weather.
• ⚠️Reckless Driving: Aggressive or careless driving behavior.

Comparative Negligence: New Hampshire follows a modified comparative negligence rule. This means that you can recover compensation even if you were partially at fault for the accident, as long as your percentage of fault is not greater than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.

Types of Compensation Available in a New Hampshire Pedestrian Accident Case

If you have been injured in a pedestrian accident due to someone else's negligence, you may be entitled to compensation for various damages. An experienced New Hampshire personal injury attorney can help you assess the full extent of your damages and pursue maximum compensation.

• 🏥Medical Expenses: Past and future medical bills, including hospital stays, doctor visits, physical therapy, medication, and rehabilitation.
• 🤕Lost Wages: Past and future lost earnings due to your inability to work as a result of your injuries.
• painPain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident.
• 😞Permanent Impairment or Disability: Compensation for any long-term physical limitations or disabilities resulting from your injuries.
• 💔Loss of Enjoyment of Life: Compensation for the diminished ability to participate in activities you once enjoyed.
• ⚱️Wrongful Death: In the tragic event of a pedestrian fatality, the victim's family may be able to pursue a wrongful death claim to recover damages for funeral expenses, loss of support, and other losses.

The Claims Process: What to Expect

Navigating the insurance claims process can be complex and overwhelming. An attorney can guide you through each step and protect your rights.

1. Initial Consultation: The first step is to consult with a New Hampshire personal injury attorney. During the consultation, you will discuss the details of your accident, your injuries, and your legal options.
2. Investigation: Your attorney will conduct a thorough investigation of the accident, gathering evidence to support your claim. This may include reviewing the police report, interviewing witnesses, obtaining medical records, and consulting with accident reconstruction experts.
3. Demand Letter: Once the investigation is complete, your attorney will send a demand letter to the responsible party's insurance company. The demand letter will outline the facts of the accident, the extent of your injuries, and the amount of compensation you are seeking.
4. Negotiation: The insurance company will typically respond to the demand letter with an offer to settle the claim. Your attorney will negotiate with the insurance company to try to reach a fair settlement.
5. Litigation: If a settlement cannot be reached through negotiation, your attorney may file a lawsuit on your behalf. The lawsuit will be filed in the appropriate New Hampshire court.
6. Trial: If the case proceeds to trial, your attorney will present evidence to a judge or jury to prove that the responsible party was negligent and that their negligence caused your injuries.

Statute of Limitations in New Hampshire Pedestrian Accident Cases

⏳Time is of the essence! In New Hampshire, there is a statute of limitations for personal injury claims, including pedestrian accident cases. Generally, you have three years from the date of the accident to file a lawsuit. Failing to file a lawsuit within this timeframe will forever bar you from recovering compensation. It is crucial to consult with an attorney as soon as possible to ensure that your claim is filed on time.

How a New Hampshire Personal Injury Attorney Can Help

Hiring an experienced New Hampshire personal injury attorney can significantly increase your chances of obtaining a fair settlement or winning your case at trial.

• ⚖️Investigating the Accident: An attorney can conduct a thorough investigation to gather evidence and determine liability.
• 🤝Negotiating with Insurance Companies: Attorneys are skilled negotiators and can effectively deal with insurance companies to protect your rights.
• 🧑‍⚖️Filing a Lawsuit: If a settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
• 📚Understanding the Law: Attorneys have a deep understanding of New Hampshire pedestrian laws and can advise you on your rights and options.
• 💪Maximizing Compensation: An attorney can help you assess the full extent of your damages and pursue maximum compensation for your injuries.

Preventing Pedestrian Accidents: Safety Tips for Pedestrians and Drivers

While recovering compensation is important after an accident, prevention is always the best approach. Here are some safety tips for both pedestrians and drivers to help reduce the risk of pedestrian accidents in New Hampshire:

For Pedestrians:

• 👀Be Aware of Your Surroundings: Pay attention to traffic and avoid distractions like cell phones.
• 🚶‍♀️Use Crosswalks: Whenever possible, cross streets at designated crosswalks.
• 🚦Obey Traffic Signals: Follow traffic signals and wait for the walk signal before crossing the street.
• 🌃Increase Visibility: Wear bright or reflective clothing, especially at night.
• 🚦Make Eye Contact: Before stepping into the street, make eye contact with drivers to ensure they see you.

For Drivers:

• 👀Be Vigilant: Pay attention to your surroundings and be aware of pedestrians, especially in areas with high pedestrian traffic.
• 🚦Obey Traffic Laws: Adhere to speed limits, stop at red lights, and yield to pedestrians in crosswalks.
• 📵Avoid Distractions: Put away your cell phone and avoid other distractions while driving.
• 🍷Don't Drive Impaired: Never drive under the influence of alcohol or drugs.
• 🌃Drive Cautiously at Night: Use your headlights and drive cautiously at night or in inclement weather.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.