Pedestrian Accident Representation in New Hampshire
Apis Law represents pedestrians and their families in serious injury and wrongful death claims arising from car accidents, truck accidents, unsafe crossings, and hazardous roadway or property conditions throughout New Hampshire.
Pedestrian cases require careful reconstruction of the event, analysis of sight lines and traffic controls, and a precise understanding of how New Hampshire law allocates responsibility among drivers, property owners, and, in some cases, municipalities. These matters often involve disputed visibility, driver inattention, and questions about where and how the pedestrian was crossing. Apis Law provides focused litigation support to develop liability, prove causation, and pursue compensation for injuries and wrongful death.
Overview of Pedestrian Accident Claims in New Hampshire
Pedestrian accidents frequently result in life-changing injuries due to the absence of physical protection. New Hampshire law requires motorists to operate with due care, maintain proper lookout, and comply with traffic controls. In many instances, liability turns on:
• Whether the driver was speeding, distracted, or impaired
• Whether the pedestrian was within a crosswalk or lawfully crossing
• Lighting, weather, and visibility conditions
• Roadway design and traffic control devices
• The presence of parking lots, driveways, or commercial access points
A pedestrian claim may be brought against the at-fault driver, and in some cases against additional parties when property design, lighting, or traffic patterns contribute to the collision.
Common Pedestrian Accident Scenarios
Crosswalk and Intersection Collisions
Drivers failing to yield to pedestrians in marked or unmarked crosswalks at intersections, rolling turns on red, or accelerating through yellow lights without maintaining proper lookout.
Parking Lot and Driveway Impacts
Slow-speed vehicle strikes in commercial parking lots, drive-through areas, and residential driveways where drivers reverse or turn without verifying clear paths.
Nighttime and Low-Visibility Incidents
Collisions on poorly lit roadways or in conditions involving rain, snow, fog, or glare, where drivers fail to adjust speed and attention to match visibility.
School Zones and Residential Areas
Impacts near schools, bus stops, playgrounds, and neighborhood streets where drivers are expected to anticipate pedestrian presence and exercise heightened care.
Pedestrians Struck While Walking Along the Roadway
Cases involving pedestrians on shoulders, sidewalks adjacent to traffic, or narrow roads where a vehicle drifts, crosses the fog line, or encroaches on the pedestrian’s path.
Roadway and Property Hazard Cases
Incidents where pedestrians trip, fall, or are forced into harm’s way due to defective sidewalks, snow and ice, construction hazards, or poorly managed walkways near traffic.
Injuries Commonly Seen in Pedestrian Collisions
Because pedestrians have no structural protection, injuries are often severe and multiply layered:
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Traumatic brain injuries (TBI) and concussions
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Spinal injuries, herniations, and possible paralysis
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Complex fractures to legs, pelvis, arms, and ribs
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Internal injuries and organ damage
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Soft-tissue trauma and joint instability
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Permanent scarring, disfigurement, or orthopedic impairment
These cases require detailed documentation of the injury mechanism, treatment history, functional limitations, and long-term prognosis, often supported by medical and economic experts.
Liability and Comparative Fault
New Hampshire’s comparative fault framework allows an injured pedestrian to recover damages so long as their fault does not exceed 50 percent. Defendants often argue that pedestrians were inattentive, crossed outside of designated areas, wore dark clothing, or failed to use available crossings.
Effective pedestrian litigation requires:
• Mapping and measuring the scene, including crosswalks, lanes, and sight distances
• Analyzing traffic signal timing, signage, and roadway markings
• Reviewing lighting conditions, weather, and line-of-sight obstructions
• Securing surveillance footage, dash-cam recordings, and event data when available
• Interviewing witnesses and first responders about vehicle speed and driver conduct
By developing these details early, counsel can counter attempts to shift blame onto the pedestrian and present a clear narrative of how the collision occurred.
Insurance Issues in Pedestrian Injury Claims
Pedestrian cases frequently involve overlapping insurance coverage:
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Liability coverage for the at-fault driver
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Umbrella or commercial policies for vehicles in business use
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Uninsured and underinsured motorist (UM/UIM) coverage from the injured person’s own policy
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Potential coverage under household or employer policies
Identifying all available coverage is an essential component of protecting the pedestrian’s financial recovery, particularly in severe injury and wrongful death cases.
Legal Challenges in Pedestrian Accident Litigation
Pedestrian claims can be contested on several fronts:
Disputed Visibility and Reaction Time
Defendants may claim the pedestrian “came out of nowhere” or was not visible until the last moment. Addressing these defenses requires careful analysis of speeds, distances, lighting, clothing, and driver attention.
Lack of Direct Witnesses
Nighttime or rural collisions may have no independent eyewitnesses. Reconstruction, physical evidence, and vehicle damage patterns become critical in these situations.
Complex Roadway and Property Design
Driveways, curb cuts, sight obstructions, and parking-lot layouts often play a role. Some cases require an engineering review of design or maintenance decisions.
Comparative Fault Allegations
Defendants may argue that the pedestrian crossed against a signal, outside a crosswalk, or into traffic unexpectedly. Evidence gathering and scene documentation are essential to evaluating these claims.
Apis Law’s Approach to Pedestrian Accident Cases
Apis Law applies a structured, evidence-driven process to pedestrian claims, including:
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Early scene inspection, measurement, and photography
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Identification and preservation of surveillance and dash-cam footage
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Requests for event data recorder (EDR) information, where applicable
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Review of police reports, diagrams, and officer observations
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Analysis of traffic signal timing, road design, and signage
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Detailed review of medical records and causation
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Coordination with medical, economic, and, when needed, engineering experts
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Thorough evaluation of all available insurance coverage
The firm’s approach to personal injury is focused on reconstructing the event, clarifying liability, and presenting a complete picture of damages under New Hampshire law.
Guidance for Injured Pedestrians and Their Families
Individuals injured as pedestrians should consider the following steps:
• Seek prompt medical evaluation, even if injuries appear minor at first
• Obtain copies of the incident report and any available contact information for witnesses
• Photograph the scene, roadway markings, signals, signage, and lighting conditions
• Preserve footwear and clothing worn at the time of the collision
• Avoid making detailed statements to insurance adjusters before consulting counsel
• Keep records of symptoms, missed work, and activity limitations
Family members pursuing claims on behalf of seriously injured or deceased pedestrians should also address estate administration and wrongful death issues early in the process.
If you or a family member has been injured as a pedestrian in New Hampshire, contact Apis Law to discuss liability, insurance coverage, and your rights under New Hampshire law.