Walking in the Street: Do I need to be in a crosswalk to be legally protected?

          Over the years, our firm has handled quite a few cases where a pedestrian was struck by a vehicle. Yet, each time, it seems the client is not sure about what the laws are as it relates to pedestrians in the roadway.

            The first thing to examine is New Hampshire’s Pedestrian Right of Way statute, titled RSA 265:35. You can access a copy of the rule here. As paragraph I of the statute states, cars are required to yield to a pedestrian who is properly in the crosswalk. Thus, in a typical situation where a car hits a pedestrian in a crosswalk, liability is generally clear. However, there are a few other factors under the statute that merit consideration. First, the pedestrian must not have suddenly darted in front of the vehicle causing it to hit them. This is a codification of the old adage “look both ways before you cross the street”. As long as you follow your parents’ old advice, you should be protected under the statute.

            What is not clear to most clients is that a pedestrian, under the statute, must yield to cars in the road in the absence of a crosswalk. A lot of folks believe the reverse is true, in that a pedestrian always has the right of way. This is simply not true. The rule governing crossing the road without the use of a cross walk is RSA 265:36, and you can access it here. As you can see, the pedestrian is required to yield to cars already in the roadway. The justification is easy to see. It’s a substantial risk to put the onus on drivers of cars to yield to all pedestrians anywhere, while in the same breath it’s easier for a pedestrian to see a car and yield to it.

            As always, if you are approaching a busy intersection as a pedestrian, please use caution. No one wants to be hit by a car in what can amount to a life threatening experience. Further, if you are operating a car around a heavily populated area, you must be aware of any and all crosswalks around you, and caution in approaching them must be exercised.

            If you have been injured, our attorneys have handled personal injury cases for over thirty years. We are one of the most trusted firms around, and will help you get back what you deserve. Contact us today. 

What is Negligence and who is a Reasonable Person?

            A large number of personal injury claims are based, at least in part, on a theory of negligence. Negligent conduct is conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.

            To use an old logical saw, that ultimately begs the question of who a reasonably prudent person is. To some, the definition of that person comes as a surprise. The reasonably prudent person can sometimes be generalized as “Debbie Do-Gooder”. The reasonably prudent person stops completely at lights and stop signs. They signal a full 100 feet before making a turn. They always look both ways before turning, and never speed. This can be an intimidating prospect for some, as most people don’t operate that conservatively in their every day lives.

            This definition doesn’t stop with people driving cars either. A reasonable business owner salts the entrance to his business after every freeze. They shovel all snow from their pathways, and warn patrons of any dangers that could potentially affect them. They post warning signs, double and triple check food they make, and make sure they don’t hire anyone that could harm another.

            It’s a difficult idea to envision, and one our clients are always concerned with. If you have questions about liability at your business, feel free to contact our office today. If you’ve been injured, and need help, we provide free consultations in all injury cases. Contact us today.