Struck in a Manchester Crosswalk? Why “I Had the Right of Way” Isn’t the Whole Story

Manchester’s downtown grid, especially around Elm Street and the busy intersections near Victory Park, sees a steady stream of pedestrians crossing at marked and unmarked crosswalks every day. When a driver strikes a pedestrian, the legal analysis often turns on a statute most people have never read.

Drivers Must Yield, But There’s a Catch

RSA 265:35 requires a driver to yield the right of way to a pedestrian crossing within a crosswalk when traffic signals are not controlling the intersection. This applies whether the pedestrian is in a marked crosswalk or an unmarked one located at an intersection.

The same law states that a pedestrian may not suddenly leave a curb or place of safety and step into the path of a vehicle so close that it constitutes an immediate hazard. This provision is frequently the center of dispute in Manchester pedestrian cases, with drivers often claiming the pedestrian “darted out” without warning.

Unmarked Crosswalks Change the Analysis

Outside of a marked or intersection crosswalk, a pedestrian generally must yield to vehicles under RSA 265:36. This distinction matters enormously in a city like Manchester, where not every block has painted crosswalk lines, and it can shift the balance of fault significantly.

Evidence Disappears Fast

Because these cases frequently come down to a swearing contest between driver and pedestrian, physical evidence matters. Skid marks, traffic camera footage, witness statements, and the exact location of the pedestrian relative to painted lines can all determine whether a driver failed to yield or a pedestrian stepped out unsafely. This evidence can disappear within days if no one requests it.

Comparative Negligence and Your Recovery

Even if a pedestrian bears some fault, New Hampshire’s modified comparative negligence rule still allows recovery as long as the pedestrian’s fault stays under 51 percent. Damages would then be reduced by the pedestrian’s percentage of fault, which makes an early, thorough investigation especially valuable.

Getting Help After a Manchester Crosswalk Accident

Crosswalk cases are rarely as simple as “I had the light.” Our Manchester personal injury attorneys investigate the scene, secure witness accounts, and push back against attempts to shift blame onto the injured pedestrian. If you or a loved one were hit while crossing a Manchester street, reach out to the Law Office of Manning Zimmerman & Oliveira PLLC for a free consultation as soon as possible.

Source:

law.justia.com/codes/new-hampshire/2022/title-xxi/title-265/section-265-35/