Sometimes when an accident occurs, it’s because of unpredictable circumstances beyond our control. However, sometimes tragedies occur because of the negligence of parties who have a responsibility to make public areas safe for passing pedestrians. These individuals may be held accountable for their actions through a New Hampshire personal injury lawsuit. In order to explain a complex accident situation to a jury, an expert witness is often needed during a trial. Unfortunately, plaintiff’s are frequently prevented from presenting compelling expert witness testimony.
In a recent First Circuit appellate opinion, a plaintiff was struck by a car while working in a construction zone. While attempting to cross the street after grabbing dinner, the plaintiff was standing on the roadway’s divider when traffic suddenly rushed towards him from both directions. The change in traffic trapped the plaintiff on the divider, where he was subsequently struck head-on by a westbound SUV. As a result of the accident, the plaintiff has become quadriplegic and will require extensive medical care for the rest of his life.
Following his accident, the plaintiff filed a negligent-design lawsuit against several entities responsible for the construction project that laid the backdrop for his injuries. He also retained a single expert to testify on the standard of care that these entities owed to pedestrians in construction affected areas. Through this expert’s testimony, the plaintiff hoped that he would be able to successfully establish his claim that the defendants’ negligence caused the accident to occur. The evidence that was going to be provided through the expert’s testimony was crucial to the plaintiff’s claim.