AV Preeminent
Best Law Firms
Best Lawyers
Super Lawyers

Bringing a New Hampshire Wrongful Death Claim After a Fatal Bike Accident

December 10, 2020

With social distancing measures in place, group play dates are less common than ever. This means that our kids are looking for other opportunities to stay engaged and active, and many have taken to heading outdoors on bikes, walks, or playgrounds. However, more kids out and about in the neighborhood means that New Hampshire drivers on the road need to exercise extra caution. Watching for pedestrians and bicyclists, especially as the days grow shorter, is crucial for ensuring everyone’s safety.

According to a local news report, a four-year-old boy was recently killed after being hit by a car. The child was on his bicycle in an alley when a truck driver attempted to make a right turn into the alley and hit him. Police were on the scene shortly after the collision occurred, and found the boy lying in the alley, unconscious and not breathing. Following an investigation, law enforcement found that the vehicle that struck the child was parked nearby with a single occupant inside. The circumstances surrounding the tragic accident are still under investigation, and no charges have been filed.

Like other states, New Hampshire laws allow for parties injured in bike accidents to seek compensation for their injuries. Although bicycle accidents are less common than vehicle accidents or collisions, the same legal principles apply to these collisions. For example, bike accidents can be caused by negligent or reckless drivers just like a typical car accident, and bicyclists have the same rights as motorists and pedestrians.

Injuries after a bike accident can be significant. Common bicycle crash injuries include broken or sprained bones, back or spinal cord related injuries, bruises, cuts, scrapes, or even facial or dental injuries. These accidents, however, can often also result in fatalities. Like car accidents, when a bike accident results in a death, the victim’s family members could be entitled to compensation through a New Hampshire wrongful death claim.

In New Hampshire, wrongful death claims can be brought by “any person interested in the estate of a deceased” when an individual’s death resulted from negligence or carelessness. However, these claims must be brought within six years of the date of passing. Parties who bring wrongful death claims can receive reasonable medical expenses, funeral and burial costs, pain and suffering damages, and compensation that the deceased would have earned throughout their life. However, there are certain caps on the amount of damages in New Hampshire. For example, surviving spouses and children can receive a maximum of $150,000 in damages for loss of consortium.

Do You Need a New Hampshire Personal Injury Lawyer?

If you or someone you know has been recently injured or killed in a New Hampshire bike accident, you may have grounds to bring a personal injury or wrongful death claim for financial compensation. Having experienced representation is the first step towards securing the damages you deserve. The attorneys at Peter Thompson & Associates have your back, and can help with every aspect of your claim. To schedule a free consultation with a member of our team today, contact us at 800-804-2004.