Despite a small decline from the previous year, pedestrian accident fatalities occurred approximately once every 88 minutes according to the National Highway Traffic Safety Administration. These collisions frequently result in tragedy given how vulnerable a pedestrian is when struck by a vehicle. Although these accidents are far less common than collisions between two vehicles, the end result is often far more severe.
If you have been injured in a New Hampshire pedestrian accident, you deserve to be compensated. As a pedestrian, you have the right to walk near or across roadways without the fear of injury. When a motorist’s negligence causes your injuries, a New Hampshire pedestrian accident lawyer could file an injury lawsuit on your behalf.
To learn more about your legal rights, contact the Coates Law Office, PLLC.
Common Causes of Pedestrian Accidents in New Hampshire
Pedestrian accidents can happen under almost any circumstance. These collisions occur on city streets and rural roads. While pedestrian accident victims are more likely to be older according to the National Highway Traffic Safety Administration (NHTSA), people in all age groups regularly sustain pedestrian accident injuries.
These accidents often result from the negligence of the motorist. Some of the most common causes of pedestrian accidents include:
- Improper lane use
- Collisions in unmarked crosswalks
- Left turns
- Driving while intoxicated
- Driving while distracted
After an accident, a New Hampshire pedestrian injury lawyer could review the nature of a crash and advise you on the strength of your claim.
Pedestrians and the Right of Way
After the initial case evaluation, your attorney’s primary role will involve establishing the motorist who was at fault for your injuries. Many pedestrian accident cases boil down to whether or not the pedestrian had the right-of-way. The right-of-way applies to pedestrians or motor vehicles in certain situations. It is essentially the right to be in one place at the expense of everyone else. Pedestrians and motorists must yield to the driver with the right of way, and a failure to do so could be used as evidence of negligence at trial.
The right-of-way for pedestrians is controlled by New Hampshire RSA 265:39. The rules related to a pedestrian walking along a street are somewhat complex. When walking along a roadway, a pedestrian must always use a sidewalk if one is available. If there is no sidewalk, the pedestrian must walk along the shoulder as far away from the roadway as possible. When there is no shoulder, a walker may walk on the road but must stay as far from the center line as safely possible.
Things work a little differently where crosswalks are concerned. According to New Hampshire RSA 265:35, pedestrians generally have the right-of-way in marked or unmarked intersections unless a motorist has a green light. While pedestrians have a lot of leeway in crossing the road, the statute prohibits suddenly entering a roadway when it might constitute a hazard.
Common Injuries in a Pedestrian Accident in New Hampshire
The ways the human body can sustain personal injuries are limitless. Following a pedestrian accident, you could sustain a wide array of injuries and medical conditions. Some injuries – like broken bones – are often noticeable immediately. However, other injuries are slow to develop and can take time to fully manifest. Common injuries following a pedestrian accident include:
- Traumatic brain injuries
- Neck injuries
- Paralysis
- Wrongful Death
- Amputation
- Internal bleeding
- Vision loss
- Broken bones, cuts and bruises
Whether you are suffering from a catastrophic injury or minor scrapes, it is important to see a doctor following a pedestrian crash. By avoiding necessary treatment, you risk making your circumstances worse. What’s more, failing to seek adequate medical care could negatively impact your legal claim for damages.
Available Damages
Ultimately, the remedy for a successful pedestrian accident injury claim is monetary compensation. Through either a trial verdict or negotiated settlement, the at-fault driver or their insurance company could ultimately cover your monetary damages. Some forms of compensation commonly sought in a New Hampshire pedestrian accident include:
- Past and future medical bills
- Disfigurement
- Disability
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Diminished future earning capacity
Discuss Your Case With a New Hampshire Pedestrian Accident Lawyer
Prevailing in a New Hampshire pedestrian accident lawsuit could provide you with the monetary compensation you need following the accident. However, the process of establishing that you are owed compensation can be long. With the help of a skilled New Hampshire pedestrian accident lawyer, you could recover the compensation you need to make ends meet. For further information regarding your legal rights, get in touch with the Coates Law Office, PLLC.