Cheshire County Pedestrian Accident Lawyer

Pedestrian Accident Lawyer Cheshire County, NH

If you were struck by a vehicle in Cheshire County, NH, you are likely confronting serious injuries, mounting medical expenses, lost income, and a great deal of uncertainty about how to proceed. These matters develop quickly once an insurance carrier begins its investigation, and the choices made in the early stages of a claim can have a lasting impact on the outcome.

Our Cheshire County, NH pedestrian accident lawyer has been representing injured individuals throughout New Hampshire for nearly five decades. Welts, White & Fontaine, P.C. advocates on behalf of pedestrian accident victims across Cheshire County, NH, and we have the knowledge and litigation experience to pursue full and fair compensation on your behalf. We encourage you to contact our office to schedule a consultation.

Why Choose Welts, White & Fontaine for Pedestrian Accidents in Cheshire County, NH?

Experience with New Hampshire Personal Injury Law

Welts, White & Fontaine has been serving clients in New Hampshire since 1980, with attorneys who bring substantial combined experience to personal injury matters. Attorney Israel F. Piedra is a shareholder at the firm concentrating his practice on personal injury and civil litigation, including pedestrian accident cases in Cheshire County. He is admitted to practice in New Hampshire, Massachusetts, Vermont, and Maine, as well as before the U.S. Supreme Court and the First Circuit Court of Appeals.

Attorney Piedra has been recognized in both The Best Lawyers in America and SuperLawyers, and received “40 Under Forty” distinctions from the Nashua Telegraph and the New Hampshire Union Leader. In 2024, he was the recipient of the New Hampshire Bar Foundation’s Robert E. Kirby Award, presented annually to an attorney who exemplifies civility, perspective, and skilled advocacy. He serves on the New Hampshire Association for Justice Board of Governors and the New Hampshire Supreme Court’s Access to Justice Commission.

Attorney Jack S. White serves as Senior Counsel at the firm, a position he assumed in 2023 following four decades as a shareholder. He brings extensive bench and jury trial experience in personal injury and civil litigation and has been recognized in The Best Lawyers in America for plaintiff’s personal injury litigation. Attorney White joined the firm in 1980.

Proven Results for Injured Clients

Our personal injury lawyer in Cheshire County, NH has helped injury victims across New Hampshire recover millions of dollars in compensation across a wide range of circumstances, including serious motor vehicle collisions, premises incidents, and other negligence-driven harm. We understand what it takes to get an insurer to engage seriously with a claim and bring that preparation to every matter.

No Upfront Costs for Injury Claims

Personal injury matters at our firm are typically handled on a contingency fee basis, meaning clients pay no legal fee unless a recovery is obtained. For individuals already managing medical expenses and lost wages, this arrangement removes a significant financial barrier to obtaining qualified legal representation.

Client-Centered Communication

Our attorneys communicate clearly and consistently with every client throughout the duration of a matter. You will not be left wondering where your case stands. What we offer is candid, substantive guidance from attorneys who take these matters seriously.

⭐⭐⭐⭐⭐ “I reached out to Welts, White and Fontaine after my husband was struck by a car and seriously injured. From that first day until the case was settled, they handled everything, always keeping me informed. Their efforts on behalf of my husband led to a setlement that was more than we expected. My family and I will always be grateful to Attorney Mike Fontaine, Attorney Sean Davidson and paralegal Christine Knutsen for their expertise and help during an extremely traumatic time in our lives. I highly recommend them.” — Mary Jane Williams

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Types of Pedestrian Accident Cases We Handle in Cheshire County

Pedestrian accident claims in Cheshire County arise under a variety of circumstances. Some occur at marked crosswalks where a motorist fails to yield as required by law. Others stem from distracted driving, excessive speed, or vehicles executing turns without observing foot traffic. Our firm handles the full range of these matters.

• Crosswalk collisions. Drivers are required under RSA 265:35 to yield to pedestrians within crosswalks when traffic signals are not in operation. Despite that clear legal obligation, these collisions represent a significant portion of the pedestrian accident matters we handle. The statutory duty to yield is central to establishing liability in these cases.
• Hit-and-run accidents. When a motorist flees the scene, locating that individual and identifying their insurance coverage becomes a critical component of the legal work. Our firm pursues all available avenues of recovery in these situations, including uninsured motorist benefits under the injured party’s own policy.
• Distracted or impaired driving. A motorist operating a vehicle while using a handheld device, under the influence of alcohol or drugs, or otherwise inattentive has limited grounds to dispute liability when a pedestrian is struck as a result. Establishing those facts through evidence is a core part of building the claim.
• Parking lot and driveway incidents. Even lower-speed vehicle impacts in commercial parking areas and private driveways can produce significant injuries, particularly among elderly individuals and children. These matters may involve claims against commercial property owners in addition to the driver.
• Wrongful death. When a collision proves fatal, the surviving family members of the deceased may have a wrongful death claim under New Hampshire law. These cases are subject to distinct procedural requirements, and early legal involvement is advisable to protect the family’s rights throughout the process.

New Hampshire Legal Requirements for Pedestrian Accident Cases

Several provisions of New Hampshire law directly govern how pedestrian accident claims proceed. A working knowledge of these statutes is valuable before filing a claim or responding to a settlement offer.

RSA 265:35 — Crosswalk Right of Way. New Hampshire law requires motorists to yield the right of way to pedestrians crossing within a marked crosswalk when traffic control signals are not in operation. A driver who fails to slow or stop for a pedestrian lawfully in the crosswalk is in violation.

RSA 265:37 — Due Care Toward Pedestrians. Beyond the crosswalk obligation, New Hampshire law imposes a general duty of care on motorists to avoid colliding with pedestrians regardless of their location on the roadway.

RSA 507:7-d — Comparative Fault. New Hampshire applies a modified comparative fault standard. Where a plaintiff bears some responsibility for the accident, the damages award is reduced proportionally. Provided the plaintiff’s fault does not exceed the defendant’s, recovery remains available.

Statute of Limitations. Most personal injury claims in New Hampshire must be commenced within three years of the date of injury. Allowing that period to expire forfeits the right to recover. Matters involving governmental entities may carry shorter deadlines and mandatory notice requirements. Retaining a pedestrian accident attorney in Cheshire County, NH promptly after an injury helps ensure those obligations are satisfied.

What Damages Are Recoverable in New Hampshire Pedestrian Accident Cases?

Pedestrian accident cases produce harm across a wide range, from contusions and broken bones to severe head trauma, spinal injuries, and lasting orthopedic impairment. New Hampshire law allows recovery in three categories: economic damages, non-economic damages, and, in qualifying cases, enhanced compensatory damages.

Economic damages. The measurable, documented financial losses that flow directly from the collision. Emergency transport, trauma care, and inpatient hospitalization. Anticipated future treatment, including additional surgery, physical therapy, pain management, and durable medical equipment. Income lost during the recovery period. Reduced future earning capacity when the injury prevents a return to the claimant’s previous line of work. Property damage, including the personal items pedestrians often have on them at the moment of impact. Out-of-pocket expenditures for travel to providers and home modifications for accessibility. A client living with a serious head injury or permanent musculoskeletal damage often needs a life care plan prepared by a qualified specialist.

Non-economic damages. This category reaches the human costs that no receipt can document. Physical pain and suffering. Emotional distress, including post-traumatic symptoms that frequently accompany a vehicle-pedestrian impact. Scarring and disfigurement. Loss of enjoyment of life. Loss of consortium for a spouse. Under New Hampshire’s modified comparative fault rule at RSA 507:7-d, any recovery is reduced by the claimant’s share of fault, and a claimant whose fault exceeds 50 percent recovers nothing at all. Insurance adjusters frequently lean on apportionment arguments in pedestrian cases, often pointing to crosswalk timing, clothing visibility, or device use to shift fault to the injured pedestrian, which is one of the reasons careful evidence development matters from the very first week.

Enhanced compensatory damages. Traditional punitive damages are not available in New Hampshire. RSA 507:16 forbids them unless another statute provides otherwise. The state does, however, recognize enhanced compensatory damages in cases where the defendant’s behavior was wanton, malicious, or oppressive, the threshold articulated in Vratsenes v. N.H. Auto, Inc. In pedestrian cases, courts have weighed these awards against drivers operating in a state of profound impairment, drivers who fled the scene after striking a pedestrian, and similar conduct that crosses the line beyond garden-variety negligence.

Wrongful death damages. When a pedestrian collision takes a life, surviving family members can pursue damages under New Hampshire’s wrongful death statute, codified at RSA 556:12. Recoverable elements include the decedent’s pre-death pain and suffering, reasonable expenses borne by the estate, lost earning capacity over the decedent’s probable working life, loss of comfort and companionship for a surviving spouse (subject to a $150,000 cap), and loss of familial relationship for surviving children or parents (capped at $300,000 per individual claimant).

Contact Welts, White & Fontaine

If you or a member of your family sustained injuries in a pedestrian accident in, our Cheshire County pedestrian accident lawyer is available to evaluate your circumstances and advise on the legal options available. Welts, White, & Fontaine, P.C. represents injured pedestrians throughout Cheshire County and the surrounding region.

Contact us to schedule a consultation with our pedestrian accident attorneys.