New Hampshire Injury Lawyer Blog

Understanding New Hampshire Personal Injury Statutes of Limitations

Published on: May 31, 2023 | By Peter Thompson & Associates

Typically, people can only bring a lawsuit within a certain time period after the incident that caused them harm. A state will impose these time limits through statutes of limitations. For example, if the statute of limitations for a personal injury lawsuit is three years, a person cannot bring a lawsuit more than three years after the accident at issue.

What Are the Statutes of Limitations in New Hampshire?

Most civil actions in New Hampshire have a three-year statute of limitations, including for personal injury lawsuits. Consequently, New Hampshire plaintiffs often must bring a personal injury lawsuit within three years of their accident. The statute of limitations is also three years for libel and slander, fraud, injury to personal property, and professional malpractice. New Hampshire codifies these statutes at Section 508:4. On the other hand, not all civil actions in New Hampshire have a three-year limit.

For example, New Hampshire plaintiffs must bring trespassing actions within two years per Section 539:8. Additionally, New Hampshire law imposes a four-year limit for rent collection actions (Section 382-A:2A-506); a twenty-year limit for written contracts (Section 508:5); and a three-year limit for verbal contracts (Section 508:4). To seek a collection on debt, the statute of limitations is twenty years for written deals (Section 508:5) and three years for verbal deals (Section 508:4). Finally, a New Hampshire plaintiff must bring a lawsuit seeking enforcement of a judgment within twenty years of the judgment according to Section 508:5. In addition to these civil actions, criminal law also has statutes of limitations. In a criminal case, a prosecutor must bring a criminal charge within a certain period after the alleged crime.

Understanding New Hampshire Comparative Fault Laws

Published on: May 31, 2023 | By Peter Thompson & Associates

When determining fault in negligence lawsuits, New Hampshire follows a system known as modified comparative negligence. Comparative negligence refers to a plaintiff’s responsibility for the injuries they suffered. For example, if a driver strikes a pedestrian, that person may sue the driver for negligence. However, the pedestrian may also share some portion of fault if they ran across a busy street and failed to use a crosswalk. In these scenarios, if a judge or jury finds that the plaintiff was negligent, they may attribute some responsibility for the accident to the plaintiff. The rationale behind many comparative fault laws is that courts should only hold defendants accountable for their share of fault.

Decades ago, the majority rule among states would prohibit the plaintiff from receiving damages if they shared any portion of fault for their injuries. Today, New Hampshire and many states follow a modified comparative negligence system. New Hampshire passed these rules for recovery under Section 507 of the state’s Revised Statutes. Under this law, plaintiffs in New Hampshire can recover damages against defendants so long as they were less than 51% at fault for the accident. If plaintiffs are more than 50% at fault, they cannot recover any damages. On the other hand, if plaintiffs are equally at fault or less, they can still recover damages. When a plaintiff sues multiple defendants, the plaintiff’s level of fault still must be less than 51% to recover from each defendant. In turn, defendants are only liable for their portion of the fault.

Additionally, plaintiffs should be aware that New Hampshire law, specifically Section 507, will reduce their damages award based on their portion of fault for the accident. For example, if a judge or jury finds the plaintiff 10% at fault for the accident, they will reduce the plaintiff’s ultimate damages award by 10%. Because defendants would then pay less in damages, they will often argue that the plaintiff shares some level of responsibility for the accident. To make their case, defendants may seek to introduce evidence that the plaintiff acted negligently. Under Section 507, each party has the burden of proving the other is at fault. An experienced New Hampshire personal injury attorney can help you understand the state’s comparative fault and develop a case theory to help prove you were not at fault for your injuries.

Proving Fault in New Hampshire Logging Truck Accidents

Published on: May 21, 2023 | By Peter Thompson & Associates

New Hampshire logging accidents can pose complex questions of law. In particular, the issue of causation is not always clear-cut. In a negligence case, a judge or jury often must sort through multiple possible causes of an accident to establish fault.

For example, a recent news article reported that two people suffered injuries in a New Hampshire logging accident. The accident occurred when a driver was riding in the westbound lane on the highway when her car crashed into a tractor-trailer. When the tractor-trailer hit the driver’s car, it was pulling into a logging site. The tractor-trailer driver was unharmed. However, the car’s driver and passenger were transported to the hospital after suffering serious injuries.

How Can You Establish Fault in New Hampshire Logging Accidents?

When a logging accident involves a tractor-trailer and a small car, proving fault for the accident may be complicated. For example, the car may crash into the tractor-trailer, but the tractor-trailer driver may have carelessly parked it near a traffic lane. These issues of fault often arise in negligence lawsuits, where the plaintiff must prove both cause in fact and proximate cause. Cause in fact refers to the actual case of the accident, such as a car striking a tractor-trailer. The proximate cause is the legal cause of an injury. More precisely, if the proximate cause did not occur, the plaintiff’s harm would not have occurred. For example, even if a car crashed into a tractor-trailer, the proximate cause of the driver’s injuries may not be the cause in fact. For example, the proximate cause could stem from the logging site manager’s failure to erect barriers or warning signs for oncoming traffic. To prevail on a negligence claim, the plaintiff must prove both cause-in-fact and proximate cause. Ultimately, recovering damages depends on proving a duty of care, a breach of duty, causation, and harm resulting from the accident.

Two People Killed in New Hampshire Motorcycle Accident

Published on: May 10, 2023 | By Peter Thompson & Associates

When motorcycle riders and passengers collide with a vehicle, they may suffer serious injuries. Motorcycles are much smaller than the average car, meaning a collision with a car can damage a motorcycle beyond recognition. They also lack the same protections as cars in an accident, such as airbags. Consequently, motorcyclists and drivers alike must take extra precautions to avoid a dangerous motorcycle accident.

As a recent news article reported, two people died after a crash involving a car and two motorcycles in Derry, New Hampshire. The accident occurred when a group of motorcycles was traveling north, and a car entered the street from an intersection. The car then collided with two of the motorcycles. As a result of the accident, one motorcycle driver and his passenger tragically passed away. The other parties were transported to the hospital for their injuries, which were not life-threatening.

What Are the Causes of New Hampshire Motorcycle Accidents?

Motorcycle accidents may have a range of causes. First, a driver may fail to see a motorcyclist. Due to the comparative size of cars and trucks, a motorcycle may be blocked from a driver’s view. A distracted driver may also crash into a motorcyclist if they are not paying attention to the road. On the other hand, motorcyclists may cause a crash if they weave between lanes without a signal. Whether a person is driving a car or a motorcycle, the same types of behaviors can lead to an accident. Both drivers and motorcyclists should minimize distractions, avoid speeding, and keep their eyes on the road. Finally, a motorcycle accident may occur if the motorcycle has a defective part, such as faulty brakes. In this case, the motorcycle’s manufacturer may share some portion of fault for the crash.

New Hampshire Head-On Collision Kills Passenger

Published on: April 28, 2023 | By Peter Thompson & Associates

Head-on collisions occur when two vehicles traveling in the opposite direction crash straight into each other. This type of car accident often leads to severe injury or fatalities. Head-on collisions may occur when a vehicle is traveling in the wrong lane, striking an unassuming driver as a result. When you or a loved one suffers injuries in a serious head-on collision, you may consider bringing a personal injury lawsuit to hold the negligent driver accountable.

As a recent news article tragically reported, a head-on collision killed a 24-year-old man in Hinsdale, New Hampshire. Local police were responding to an unrelated incident when they observed a car driving erratically at a high speed. The car was originally traveling westbound when it suddenly reversed course, slamming into a Jeep that was traveling in the opposite direction. As a result of the head-on crash, a passenger was ejected from the first car. Sadly, he died at the scene. Both drivers and another passenger were transported to the hospital for injuries ranging from minor to serious. Police are still investigating the crash and have not ruled out criminal charges.

What Damages Can You Recover After a New Hampshire Head-On Collision?

A head-on car accident may result in significant injury and property damage. Recognizing these serious consequences, New Hampshire law allows injured plaintiffs to recover compensatory damages. This type of damages award aims to put the injured person in the same position as if the accident never occurred. After a serious head-on collision, plaintiffs may seek compensatory damages to cover medical bills, including psychological treatment for the stress of the accident. Additionally, plaintiffs may seek compensation for future lost earnings if they suffer injuries affecting their ability to work. Finally, they may also pursue compensation for extensive property damage to their vehicle resulting from the accident.

One Person Dead in New Hampshire Aggressive Driving Accident

Published on: April 24, 2023 | By Peter Thompson & Associates

Too often, a driver creates dangerous conditions on the road by operating their vehicle aggressively. Aggressive driving, also known as “road rage,” can lead to serious injury or even death. While not all accidents are completely avoidable, drivers should understand common behaviors of aggressive drivers and avoid escalating a road rage incident.

As a recent news article reported, an aggressive driving accident in Manchester, New Hampshire, left one person dead. The driver was traveling on I-293 South when she took an exit off-ramp at a high speed. Then, as the driver turned onto a street, she struck another car head-on. The driver’s fiancé, a passenger in the car, died at the scene. The driver was transported to the hospital for her injuries. According to a witness, the driver was operating her vehicle so aggressively that the witness had to swerve out of the driver’s way. According to local police, the driver had been arguing with her fiancé before the crash. She and her fiancé also smoked marijuana prior to the accident. Police arrested the driver, charging her with negligent homicide.

What Are Common Aggressive Driving Behaviors?

An aggressive driver may act out their aggression in a few different ways. According to AAA, common examples of aggressive driving behaviors include speeding in heavy traffic, tailgating, running red lights, and driving irresponsibly when crossing lanes. Specifically, an aggressive driver may weave in and out of lanes, change lanes without a turn signal, block cars attempting to pass them or change lanes, or cut off another driver and then slow down. Finally, a driver may use headlights or brakes aggressively to send a message to other drivers. As the AAA’s examples make clear, aggressive driving involves dangerous behaviors that could lead to a serious accident.

Recovering After a New Hampshire Pedestrian Accident

Published on: April 11, 2023 | By Peter Thompson & Associates

Pedestrian accidents can happen for several different reasons. Sometimes, a driver acts negligently and strikes a pedestrian as a result. On other occasions, a pedestrian may not use the designated crosswalks, instead crossing the road where a driver does not expect them. A pedestrian accident could also result from multiple acts of negligence. Given these complex issues of causation, the rules for recovering damages after a pedestrian accident can be complicated. Accident victims may benefit from speaking to a New Hampshire attorney to learn more about bringing a negligence lawsuit.

Recently, a pedestrian suffered injuries after a hit-and-run in Hudson, New Hampshire. When police responded to the scene, they found the injured pedestrian at an intersection. However, the car that struck the pedestrian was nowhere to be found. The pedestrian was transported to the hospital for serious injuries. After conducting an investigation, police identified and arrested a suspect, who now faces criminal charges.

What Are the Causes of Pedestrian Accidents?

Pedestrian accidents may occur due to several conditions on the road. For example, low light conditions may prevent drivers from seeing pedestrians near the road. When operating their vehicles at night, drivers should use their headlights and continuously scan the road and the shoulder for pedestrians. In other cases, there may be a lack of signage warning drivers of a busy pedestrian crossing. Pedestrian accidents may also occur if a driver is distracted, speeding, driving under the influence, or operating their vehicle while drowsy. As a result, drivers may fail to see crosswalks or pedestrians ahead of them. In any event, drivers should make sure to avoid these behaviors and stay focused on the road to avoid a pedestrian accident. On the other hand, a pedestrian accident may occur if pedestrians engage in “jaywalking.” Pedestrians jaywalk when they fail to use available crosswalks or other designated pedestrian crossing areas. If a driver is not expecting a pedestrian to be crossing, they may not be able to stop their vehicle quickly enough to avoid a crash. Regardless of the cause, drivers must stop at the scene, assist the pedestrian, and call emergency medical services and local authorities for help.

Recovering Damages in New Hampshire Road Rage Accidents

Published on: April 4, 2023 | By Peter Thompson & Associates

Everyone occasionally deals with irritation from other drivers on the road. However, when drivers let road rage affect their driving, they increase the risk of a serious accident. When a driver’s road rage leads to personal injury or property damages, they may be held responsible through criminal charges and a civil damages lawsuit.

As a recent news article reported, a New Hampshire road rage accident left one driver seriously injured. The accident occurred on the highway when a woman was driving northbound behind a 17 year-old boy in a pickup truck. As woman attempted to pass the truck, the two vehicles collided, and the woman lost control of her car. As she veered into the southbound lane, she crashed into an embankment, causing her car to roll over. The woman was transported to the hospital for serious injuries. Throughout their investigation, local police have treated the crash as a road rage incident.

What are the Penalties for a New Hampshire Road Rage Accident?

Recovering Damages after a New Hampshire DUI Accident

Published on: March 31, 2023 | By Peter Thompson & Associates

Driving under the influence, commonly abbreviated as DUI, is notoriously dangerous. When drivers operate their vehicle under the influence of drugs or alcohol, everyone else on the road suffers the consequence of their reckless decision. In the event of a serious DUI accident, victims may be left with severe injuries or property damage. To recover compensation for their injuries, victims of a New Hampshire DUI accident may wish to bring a negligence lawsuit against the intoxicated driver.

For example, two people suffered serious injuries after a DUI accident in Westmoreland, New Hampshire. The accident occurred when an intoxicated driver crossed the yellow dividing line and struck a Prius traveling in the opposite direction. The driver and passenger of the Prius were transported to the hospital after suffering serious injuries. Police arrested the driver and charged him with aggravated driving under the influence.

What Are the Penalties for Driving Under the Influence in New Hampshire?

Intoxicated drivers who cause a serious accident may face criminal charges and a civil lawsuit for damages. If an intoxicated driver’s behavior results in serious bodily harm, they can face both hefty fines and prison time. At minimum, a driver convicted of aggravated driving under the influence must pay $750 in fines and spend 17 days in prison, but a judge can impose a tougher sentence. In addition to criminal penalties, an intoxicated driver may face a civil damages lawsuit from an injured victim. In addition to physical injuries, victims of a serious accident may have suffered emotional harm, along with significant expenses. A civil negligence lawsuit allows victims to recover damages regardless of the outcome of a criminal case.

Four Women Injured in New Hampshire Hit and Run

Published on: March 22, 2023 | By Peter Thompson & Associates

Hit and runs occur when a driver causes injuries to a person or their property and fails to stop at the scene to provide assistance. When a driver commits a hit and run, they often leave an injured victim completely helpless. In some situations, whether drivers stop to help or drive away can be a matter of life or death for the victims they leave behind. Due to the egregious nature of hit and runs, drivers who commit them may face both criminal charges and civil penalties, often in the form of monetary damages.

According to a recent news article, police arrested a man in connection with a hit and run in Plymouth, New Hampshire. The accident occurred on Maine Street as four women moved off the sidewalk, which a pile of snow had obstructed. As they moved closer to the road, a driver struck them. Instead of stopping to provide assistance, he allegedly drove off. According to the woman he struck, the driver later stopped his vehicle and returned to the scene. However, he denied any involvement with the hit and run. All four women were transported to the hospital, where they received treatment for their injuries. Police have since charged the alleged hit and run driver with four counts of felony-level Conduct After an Accident.

What Are the Penalties for a New Hampshire Hit and Run?