Pedestrian Accident FAQs

Most pedestrian accidents happen because a driver failed to use the proper care behind the wheel. They might have been distracted by their cell phone or another activity, for example, or they might have been under the influence of alcohol or drugs. Some drivers inexcusably fail to respect the rights of pedestrians and engage in aggressive driving in their vicinity. In some relatively uncommon cases, a pedestrian was partly responsible for the accident. This does not prevent them from recovering damages as long as they were no more at fault than the driver. Their damages award would be proportionate to the driver’s degree of fault.

Unfortunately, pedestrians are completely exposed to the impact of a vehicle striking them. This means that the injuries in pedestrian accidents are often catastrophic or even fatal. Victims may be forced to deal with disabilities for the rest of their lives, which can impose a burden on their family members. Some potential injuries include spinal cord damage, paralysis, traumatic brain injuries, amputations, ruptured internal organs, and complex bone fractures.

It is rare for a pedestrian who is struck by a car to walk away unscathed, but some injuries may not be apparent for days or even weeks. Therefore, if you were a pedestrian who was involved in an accident with a motor vehicle, it is prudent to seek medical attention following the accident. Your physician can document your account of the accident and assess your physical and mental health. Additionally, your physician may be able to observe changes in your health that may have been caused by the accident but that may not be obvious to you.

Whether you can recover damages following a pedestrian accident depends on the unique facts of your case. Drivers are required to yield to pedestrians in a crosswalk if the pedestrian is on or close to the side of the road on which the driver is traveling. While pedestrians crossing a street at any point other than a crosswalk are required to yield to approaching vehicles, if a pedestrian is struck by a vehicle outside a crosswalk, this does not automatically preclude the pedestrian from recovering damages. Drivers must exercise due care to avoid hitting pedestrians on any roadway. Therefore, if a driver negligently failed to avoid a pedestrian accident, the driver may be held accountable for the harm caused by the accident.

New Hampshire allows people injured in pedestrian accidents to pursue economic and non-economic damages. Economic damages include the cost of any medical treatment for injuries caused by the accident. Additionally, if you cannot work following the accident, either temporarily or permanently, you may be able to recover damages for lost earnings. Non-economic damages primarily consist of compensation for the pain and suffering caused by the accident. Since pedestrian accidents can lead to long-term treatment and permanent disabilities, it is especially important to consider not only past and present costs but also future costs. Your attorney may retain experts to calculate your future medical expenses and lost earning capacity. You only have one chance to bring a case after an accident, so it is vital to pursue all of your losses.

In New Hampshire, the law allows the administrator or executor of a deceased person’s estate to seek damages for wrongful death. These damages include compensation for the pain and suffering caused by the accident prior to the deceased person’s death, the expenses incurred by the estate due to the deceased person’s death, and the loss of the earnings that the deceased person was expected to earn throughout their life. If the deceased person was married when the accident occurred, their spouse may be able to recover loss of consortium damages as well.