Pedestrians in New Hampshire are fairly fortunate, as the state regularly has a much lower rate of pedestrian accidents and deaths than the national average. Still, this does not mean that when people walk around The Granite State, they are not sometimes at risk. Motorists act negligently and when they do, pedestrians often become hurt. Worse, during the claims process, many drivers try to shift the blame to the pedestrian who sustained very serious injuries.
If you have been hurt, you need a New Hampshire pedestrian accident lawyer who can refute claims that you were at fault. Our skilled attorney can do this and handle every aspect of your claim so you obtain the full financial compensation you deserve.
Common Causes of Pedestrian Accidents
Most pedestrian accidents in New Hampshire are caused by negligent driver behaviors. The most common of these are as follows:
- Distracted driving: Drivers who take their eyes off the road for even just two seconds greatly put others around them at risk. Many people think only of texting while driving when thinking of distracted motorists, but there are other types of distractions too, such as eating and drinking or changing a radio station.
- Speeding: Speeding motorists may not give themselves enough time or distance to stop before hitting a pedestrian. Motorists also act negligently when they drive under the speed limit, but still too fast for conditions, such as during a snowstorm.
- Failing to yield crosswalk right-of-way: Crosswalks are meant to provide a safe place for pedestrians, but they only work if drivers respect their boundaries. Motorists may try to beat a pedestrian to a crosswalk and end up hitting them. Or, one driver may try to pass another that has stopped to allow a pedestrian to pass.
- Failure to comply with traffic law: It is important to not only stop at red lights and stop signs to ensure that pedestrians are kept safe, but it is just as important for drivers to stop for several seconds. During this time they should look to ensure that pedestrians are not in the area and are not trying to cross.
- Driving under the influence: Impaired drivers exhibit poor judgment, have slower reaction times, and poor coordination. Any one of these can easily cause a pedestrian accident on their own, but impaired drivers usually suffer from all of them.
Pedestrian Negligence in Accident Cases
If you have been hurt in a pedestrian accident due to a negligent driver, you have the right to file a claim for financial compensation. It is important to prepare for the negligent driver to argue that you were to blame for the crash. They may say that you jumped out in front of them and they did not have time to stop, or that you violated a traffic law. Many people think that drivers are always at fault for a pedestrian accidents, but that is not true. As such, it is important to know how to defend against these arguments so it does not reduce the full amount of damages you deserve.
Pedestrian accidents, like all other personal injury cases in the state, are governed by comparative fault. Under this law, accident victims can still claim financial compensation from liable parties after a crash if they were not more than 51 percent at fault for the accident. Any damages they are awarded then are reduced by the same percentage of fault.
For example, you may have looked both ways to cross the road while not using a crosswalk. The way looked clear, but a driver suddenly approached and honked their horn. Due to the fact that you were watching a video and had earbuds in, you did not hear the driver before they crashed into you.
In this case, it may be found that the motorist was driving at excessive speeds, but you were also partly at fault because you were walking while distracted. If you are assigned 20 percent of the fault, any damages you are awarded will be reduced by the same amount. The driver will be liable for paying the remaining 80 percent of damages if an insurer or judge found that was the amount of blame they carried for the crash.
Call Our Pedestrian Accident Lawyer in New Hampshire
Pedestrian accident cases always have the potential to become complex. At Sabbeth Law, our New Hampshire pedestrian accident lawyer knows how to fight back against claims that you were at fault, so you recover the full and fair damages you justly deserve. Call us now or contact us online to schedule a free consultation.
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”LUKE PARMENTER
“I could never ask for a better attorney, to fight for me, to believe in me, and have faith in me, than what I found in Mike Sabbeth, He doesn’t treat you like a client, he treats you as if you are one of his own family members, He will fight for you, with all he has, and is ALWAYS up front and honest with you about everything!”SANDRA DRUGE