Pedestrian Accident Claims in New Hampshire
When drivers in New Hampshire must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger, and may not pass a vehicle stopped at a… RSA 265:35, 265:36
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger, and may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians may not suddenly step into the path of a vehicle that is too close. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross an intersection diagonally unless signals allow it. Crossing elsewhere: https://gc.nh.gov/rsa/html/XXI/265/265-36.htm Source: RSA 265:35, 265:36 |
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| Fault rule (comparative negligence) | Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it. Source: RSA 507:7-d |
| Minimum car insurance | When proof of financial responsibility is required, it must show ability to pay at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage; a motor vehicle liability policy must meet those limits and include at least $1,000 per person in medical payments coverage. Policy definition: https://gc.nh.gov/rsa/html/XXI/259/259-61.htm ; medical payments: https://gc.nh.gov/rsa/html/XXI/264/264-16.htm |
| Deadline to sue for an injury | Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them. Source: RSA 508:4, I |
More New Hampshire personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Hampshire
- Wrongful Death Lawsuits in New Hampshire
- Car Accident Claims in New Hampshire
- Dog Bite Liability in New Hampshire
- Slip, Trip and Fall Injuries in New Hampshire
- Sidewalk and Public Property Falls in New Hampshire
- Motorcycle Accident Claims in New Hampshire
- Bicycle Accident Claims in New Hampshire
- Uber and Lyft Accident Claims in New Hampshire
- Truck Accident Claims in New Hampshire
- Construction Site Injuries in New Hampshire
- All New Hampshire personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in New Hampshire?
Where traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger, and may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians may not suddenly step into the path of a vehicle that is too close. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross an intersection diagonally unless signals allow it.
Can you recover damages if you were partly at fault in New Hampshire?
Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it.
What is the minimum car insurance required in New Hampshire?
When proof of financial responsibility is required, it must show ability to pay at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage; a motor vehicle liability policy must meet those limits and include at least $1,000 per person in medical payments coverage.
What is the statute of limitations for personal injury in New Hampshire?
Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.