New Hampshire RSA 265:35 governs pedestrian rights at crosswalks. The law states that drivers must yield to pedestrians crossing a roadway within any marked or unmarked crosswalk at an intersection.
Two things about this law that many people do not realize:
First, the protection extends to unmarked crosswalks. You do not need a painted crosswalk to have the right of way. At any intersection where crosswalks are not marked, an "unmarked crosswalk" exists by operation of law. A driver who strikes a pedestrian at an unmarked intersection crosswalk has the same legal exposure as a driver who strikes someone in a painted crosswalk.
Second, the statute places a duty on both parties. A pedestrian is required to yield to vehicles when crossing outside of a crosswalk (jaywalking). If you were not in a crosswalk when you were hit, the analysis of fault is more complicated, but you may still have a valid claim depending on the speed, attention, and evasive action of the driver.
For cyclists, New Hampshire law under RSA 265:143-a gives bicycles operating on a roadway the same rights and obligations as motor vehicles. Drivers must pass cyclists at a safe distance, yield appropriately, and treat them as they would any other vehicle on the road.
Why Summer Is the Most Dangerous Time
New Hampshire sees the highest rates of pedestrian and bicycle accidents in the summer months, and the pattern in Nashua reflects this statewide trend.
School-age children are outside and mobile. When school is in session, children travel on predictable schedules in familiar environments. In the summer, they are everywhere: crossing streets to get to parks, riding bikes to friends' houses, walking to Nashua's recreational areas along the Nashua River. Drivers in residential neighborhoods near these areas are often not watching at the level of caution that children require.
Adult cyclists are on the roads. Recreational and commuter cycling peaks in summer. In Nashua, the Mine Falls Park trail system, the Nashua River Rail Trail, and the surface streets connecting these routes see heavy cyclist use. The intersections where those trails cross roadways are consistent accident locations.
Tourist and unfamiliar driver traffic increases. Out-of-state drivers are less familiar with Nashua's pedestrian-heavy downtown areas, the crosswalk patterns on Main Street and West Hollis Street, and the pedestrian signals at the Daniel Webster Highway commercial corridor.
Longer daylight creates complacency. Counter-intuitively, more daylight does not always mean better driver attention. Evening hours in July and August, when sun angles are low and visibility can be poor despite the late hour, produce a disproportionate number of pedestrian accident cases.
What Makes Pedestrian and Bicycle Claims Complicated
If a driver hits a pedestrian in a crosswalk with the pedestrian signal illuminated, the case sounds simple. It rarely is.
Insurance companies in pedestrian and bicycle accident cases focus immediately on whether the victim was doing something "wrong." Did they have a phone in their hand? Were they wearing headphones? Were they wearing dark clothing at dusk? Were they in the crosswalk or slightly outside it? Did they step off the curb before the signal changed?
These are not legally irrelevant questions. Under New Hampshire's comparative fault rules, any portion of fault assigned to the pedestrian or cyclist reduces their recovery. The insurance company's goal is to assign you enough fault that your recovery is meaningfully reduced, even if it is not eliminated entirely.
Common arguments used against pedestrian and bicycle accident victims in New Hampshire:
- Distracted walking (phone use, headphones)
- Failing to make eye contact with drivers before entering the crosswalk
- Crossing against a signal
- Riding a bicycle without lights at night (required under RSA 265:129)
- Riding outside of the bike lane where one exists
- Not wearing a helmet (for child cyclists under 16, helmets are required by NH law; for adults, they are not)
Some of these arguments have more legal merit than others. An attorney evaluates which ones are genuine fault issues and which ones are insurance company tactics that a jury would reject.
When a Child Is Involved
Accidents involving child pedestrians or cyclists require special attention for several reasons.
Under New Hampshire law, a child under 18 has their own legal right to bring a claim that does not expire until three years after their 18th birthday. However, a parent can also bring a claim on the child's behalf during the child's minority, and in most serious cases, that is the right approach. Waiting means losing evidence.
Insurance companies treat child injury claims differently. The potential verdict value of a serious injury to a child, particularly one with long-term consequences, is typically higher than an equivalent adult injury claim. Carriers know this and they defend these cases more aggressively, not less. They will order school records, monitor the child's social media and activities, and look for any evidence that the injury is not as significant as claimed.
The attorneys at Buckley Law Offices have experience with child pedestrian and bicycle accident cases. David Buckley gives these families the same direct, personal attention he brings to every case.
Evidence That Disappears Fast
The evidence that proves a pedestrian or bicycle accident case deteriorates quickly. What you do in the days immediately following the accident matters enormously.
Traffic camera and surveillance footage. Nashua's busy commercial corridors have extensive camera coverage, but footage is routinely overwritten within 72 hours to two weeks. A formal preservation demand must be sent immediately.
Physical evidence at the scene. Skid marks fade. Debris is removed. The road surface conditions that contributed to the accident are not preserved. Photographs from the day of the accident are irreplaceable.
Witness memory. People who saw the accident often remember it well immediately afterward. That memory fades within days. Contact information gathered at the scene is essential.
The at-fault driver's cell phone records. If the driver was using a phone at the time of impact, those records are obtainable through litigation. But obtaining a preservation order for cell carrier records requires moving quickly.
What To Do After a Pedestrian or Bicycle Accident in NH
- Call 911. Even if your injuries seem minor, get a police report. This is documentation that cannot be recreated later.
- Do not tell anyone you are "fine." "Fine" becomes a statement used against you. Adrenaline masks pain and injury. Say only that you are getting medical attention.
- Get emergency or urgent care that day. Medical records from the day of the accident are the foundation of your injury claim. Waiting creates gaps that insurance companies exploit.
- Photograph the scene before you leave if you are able. The crosswalk or bike path, the intersection, the vehicle, the vehicle's final position, and your own injuries.
- Get the driver's information. License plate, driver's license, insurance card.
- Collect witness names and phone numbers.
- Contact an attorney before you contact the driver's insurance company. The carrier will reach out quickly. You have no obligation to give a statement before speaking with counsel.
The attorneys at Buckley Law Offices handle pedestrian accident and bicycle accident cases throughout Nashua and southern New Hampshire. If you or your child was hit by a driver this summer, call now. Evidence preservation and the three-year statute of limitations both start from the date of the accident.
Frequently Asked Questions About NH Pedestrian and Bicycle Accidents
What if I was hit outside a crosswalk?
You may still have a claim. The at-fault driver had an obligation to be attentive and avoid striking you. Fault is apportioned based on the specific facts. An attorney can evaluate your situation.
What if the driver drove away?
Hit-and-run accidents create a different claims pathway. If the driver is identified, you pursue their liability coverage. If they are never found, your own uninsured motorist coverage is the source of recovery. Report the accident to police immediately.
What if my child was hit at a school crossing?
This is treated as a standard pedestrian accident for purposes of fault and insurance analysis, but school zone violations by a driver can be used as additional evidence of negligence. Report the accident to school authorities as well as police.
Can I recover for damage to my bicycle?
Yes. Property damage claims for the bicycle and cycling equipment are part of the overall recovery.
What if I was hit by a vehicle while on a shared-use path?
It depends on where the collision occurred. If a vehicle entered the path or struck you at a road crossing, standard fault and negligence analysis applies.
If you or a family member was hit while walking or cycling in Nashua or anywhere in southern New Hampshire this summer, your rights are real and your time to act is limited.
Call (603) 716-9598 for a free consultation. Attorney David Buckley will evaluate your case at no cost and no obligation and will give you an honest assessment of what your claim is worth.
Been injured? Call Buckley!
