New Hampshire Injury Lawyer Blog

Bringing a Maine Personal Injury Claim Following a Head-On Accident

Published on: June 30, 2023 | By Peter Thompson & Associates

Head-on collisions occur when two vehicles traveling in opposite directions crash into one another. Sometimes, one driver is clearly responsible for the collision. On other occasions, both drivers may share responsibility for the crash. When seeking compensation as a passenger in a New Hampshire head-on collision, you may choose to sue one or both drivers for your injuries. Alternatively, if you were a driver involved in a head-on collision, the other driver may argue that you share some level of fault for your resulting harm.

For example, according to a recent news article, one person was killed, and three people suffered injuries in a New Hampshire head-on crash. Local police in Hinsdale, New Hampshire, observed a Volkswagen Jetta driving erratically and speeding in the westbound lane. The Jetta then reversed directions, crossed into the westbound lane, and hit a Jeep head-on. On impact, a passenger in the Jetta was ejected and died at the scene. Both drivers and another passenger were transported to the hospital for their injuries. Police are continuing to investigate the cause of the crash.

How Does New Hampshire Apportion Fault Among Multiple Defendants?

In a head-on collision, multiple parties may share responsibility for the same person’s injuries. For example, if both drivers in a head-on crash acted negligently, they may both be at fault for a passenger’s harm. In these situations, a plaintiff can sue multiple defendants for negligence. Under New Hampshire law, a defendant is solely liable for their share of fault for an accident. For example, if a defendant is only 10% at fault for an accident, they will only have to pay 10% of the ultimate damages award. However, this rule does not apply if any defendant is more than 50% at fault. Under a rule known as joint and several liability, a plaintiff can potentially collect their entire damages award from a single defendant. If any of the defendants cannot pay their share of the damages award, the plaintiff can recover that defendant’s share from another defendant who was more than 50% at fault.

New Hampshire Mother and Daughter Killed in Plane Crash

Published on: June 20, 2023 | By Peter Thompson & Associates

Planes are one of the safest forms of travel. However, small private planes sometimes fly too high or get caught in inclement weather. Unfortunately, these complications can have tragic consequences.

A recent plane crash involving New Hampshire residents shows the devastating toll a plane crash can take on a victim’s loved ones. As two recent news articles reported, family members are grieving after a plane crash killed a New Hampshire mother and daughter, along with their nanny and the pilot. The accident occurred near Waynesboro, Virginia, when a private plane went unresponsive to attempts by U.S. fighter jets and civilian aircraft to make contact. Crash investigators believe the pilot and passengers went unresponsive due to hypoxia, a shortage of oxygen that occurs when a plane reaches too high an altitude.

Can You Recover Damages for the Loss of a Loved One?

If you have lost a loved one in a New Hampshire accident, you may be able to hold the at-fault party responsible in court by bringing a wrongful death claim. Under New Hampshire law, a person can file a wrongful death lawsuit if they have an interest in the deceased person’s estate. In practice, this often includes the deceased’s immediate family. A deceased victim’s loved one can sue a defendant so long as the victim would be able to sue had they survived. In essence, a wrongful death claim puts plaintiffs in the victim’s shoes as if the victim brought the claim. However, in addition to the usual damages available in a negligence suit, the deceased’s spouse can also pursue damages for loss of consortium. This term refers to the loss of the deceased’s companionship and comfort. When bringing a wrongful death claim, the plaintiff must show it is more likely than not that the defendant was at fault for the victim’s death.

Understanding New Hampshire Car Insurance Requirements

Published on: June 13, 2023 | By Peter Thompson & Associates

When you suffer injuries or vehicle damage in a New Hampshire auto accident, you may be unsure what comes next. Thankfully, purchasing auto insurance can help cover some of the resulting costs. If you do not have insurance, you must pay for all damage to your vehicle out of pocket, which is often a significant expense. In New Hampshire, auto insurance policies cover damages incurred both when you are at fault and when someone else is at fault. Understanding New Hampshire’s insurance laws is critical to make sure you have adequate coverage in the event of an accident.

Does New Hampshire Require Drivers Purchase Auto Insurance?

According to the New Hampshire Insurance Department, the state does not require you to purchase auto insurance. However, if you choose not to buy insurance coverage, you must prove you have sufficient funds to meet New Hampshire motor vehicle financial responsibility requirements, which arise if you are at fault for an accident. Additionally, if you take out a loan on your vehicle, you should be aware that some lenders require auto insurance. In any event, it is important to be sure you have coverage for the hefty expenses that can result from a serious accident.

What Types of Insurance Coverage Should You Buy?

New Hampshire is unique in requiring people to bundle their insurance coverage. If you buy auto insurance for personal use, you must also buy Medical Payments Coverage, which covers medical expenses resulting from an auto accident. New Hampshire law requires you to buy at least $1,000 of Medical Payments Coverage. Additionally, people who buy auto insurance must also buy Uninsured Motorists Coverage, which protects against injuries from an accident with an at-fault uninsured driver or a hit-and-run driver. However, it does not cover property damage. The law requires Uninsured Motorists Coverage to match the limit of your Auto Liability Coverage, so the minimum limit is essentially also $1,000.

How to Get a New Hampshire Accident Report

Published on: June 7, 2023 | By Peter Thompson & Associates

When an accident happens on the road, a responding police officer will typically write an accident report. Usually, officers will record details from the accident, including their impressions of the scene. In addition, they often will interview witnesses and record notes from their interviews in the report. The report may also express officers’ opinions on the accident, including the party they believe was at fault. If you suffer injuries in a New Hampshire car accident, it is vital to request a copy of the resulting accident report.

Why Should You Request an Accident Report?

Should you choose to pursue a negligence lawsuit against the driver responsible for your injuries, the accident report will serve as vital evidence to support your claim. For example, an officer may conclude the party you are suing was at fault for the accident. In other cases, the report could rule out a defendant’s alternative explanation for an accident that would otherwise deflect blame. For instance, a defendant may claim that you hit the back of their vehicle first, but an officer may conclude that the accident occurred when the defendant backed up too far and hit your car. As a result, accident reports can serve as powerful evidence that the party you are suing is responsible for your injuries or that you are less at fault in comparison.

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.