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Pedestrians hurt in car accidents may be able to collect damages

New Hampshire is generally a state with many joggers and bicycle riders using the public ways. Car accidents involving pedestrians are a steady source of personal injuries to pedestrians in the state. In Bedford, a 16-year-old driver recently struck and seriously injured two men who were out on a routine morning run. According to police, the driver's vehicle had damage to its front hood area and to the windshield.

Police also offered that the windshield may have still had ice and a frosting on it when the collision occurred. The location of the damage appears to indicate a head-on collision between the car and the men at a time when the driver did not have full vision. If those circumstances hold up under further inquiry, then the fault of the accident is likely totally on the driver.

The two men were critically injured, and one is returning home while the other remains hospitalized and still in critical condition. The two 58-year-old men are prominent executives in Bedford; one is a respected attorney and the other the manager of an investment firm. The driver of the car is likely liable for damages payable to each man.

Hopefully, the boy's vehicle was well insured. That is questionable at this point based on his age. If there is insufficient insurance carried by the tortfeasor to compensate each man for his pain and suffering, lost wages and lost earning capacity, then each man can look to insurance that he possesses in his own name. Either an underinsured motorists' policy or a homeowner's policy will step in to provide additional compensation, depending on the wording of the respective policies. The laws of New Hampshire regarding insurer priority of payment for car accidents will generally state which insurer has the first priority to pay a certain kind of damages claim.

Source:, "One runner injured in Bedford crash pulls through; the other remains in hospital ICU", Kimberly Houghton, Nov. 10, 2016

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