Articles Posted in Car Accidents

Tires are one of the most critical parts of a car, and a defect can have disastrous consequences to a vehicle’s occupants and anyone in its vicinity. New Hampshire drivers, passengers, and bystanders who experience injuries because of a tire blowout or other defect may have a claim for damages against multiple parties.

Defective tires are hazardous because of the inherent role tires play in balancing a vehicle’s weight and ensuring proper braking. Further, motorists rely on tires to maneuver the vehicle while traveling at high speeds and avoiding obstacles. Defective tires can cause a motorist to lost control of the car and cause an accident.

The most dangerous and common type of tire defect is tread separation. Tread separation occurs when the tread experiences delamination from the tire. This can occur in cases where the tread is defective, to begin with, or if it has been retreaded using inferior materials. This tread separation can cause vehicles to skid or even cause a tire to blow out. Blowouts occur when a tire explodes while the vehicle is in motion. This is often the result of the rubber losing its connection to the steel belting and reinforcement. However, blowouts may occur if a vehicle owner overpacks a car with too much cargo. The sudden loss can result in the tire rupturing.

Police throughout the country engage in high-speed chases every day. Many of these high-speed chases result in serious personal injury, death, and property damage. While many of these high-speed pursuits result in capturing a fleeing suspect, they often have serious consequences to New Hampshire motorists and bystanders. The law defines pursuits as instances when an on-duty officer in a patrol car is involved in an active attempt to apprehend one or more occupants of a moving vehicle. Although many law enforcement agencies maintain policies and procedures concerning high-speed chases, accidents continue to occur.

For example, national news reports recently reported that federal prosecutors announced that a police officer would be charged with second-degree murder, conspiracy, and obstruction of justice following the death of a 20-year-old. The 20-year-old died after his moped slammed into a car while officers were chasing him. The officers stated they were chasing the young man because he was riding his moped on the sidewalk without a helmet. The chase made its way into an alley, and when the moped driver emerged from the alley, he slammed into the passenger door of a passing vehicle. D.C. City police rules forbid high-speed chased over minor traffic violations. In addition to criminal charges, the officers may face civil claims from the deceased man’s family.

After a typical car accident, the negligent party’s conduct is measured against the “reasonable person” standard. However, under the civil system, law enforcement officers are viewed differently than ordinary citizens. In most cases, the law requires these parties to exercise reasonable care in their actions according to their unique training and abilities. Therefore, the degree of care they exercise while in the pursuit of a fleeing suspect must be appropriate relative to the circumstances at hand.

In many two-vehicle accidents, determining liability and apportioning fault is relatively straightforward. Complications tend to arise, however, in New Hampshire car accident cases involving multiple vehicles. While many car accidents involve driver distraction, driver fatigue, and adverse weather, multi-vehicle accidents tend to involve a combination of these factors. As such, determining fault and apportioning liability can pose many challenges.

Determine fault after a New Hampshire accident requires plaintiffs to establish the sequence of events that led to their injuries. An attorney can assist injury vicitms in gathering relevant and compelling evidence to establish the cause of their damages. Lawyers typically work with accident reconstructionists and other experts to meet this element of an accident claim. Another issue that frequently arises is insufficient insurance coverage for a plaintiff’s damages. Even the most comprehensive plans may not cover the extent of an injury victim’s losses. This is especially true in cases where an at-fault party’s negligence resulted in damages to several people. Finally, plaintiffs may face jurisdictional and filing issues when asserting a claim for damages against an at-fault driver.

Many drivers experience injuries in accidents while out of state. These accident cases can pose daunting and complex considerations to injury vicitms. In these cases, specific jurisdictional and filing statutes may require plaintiffs to file a claim in unfamiliar territory. An attorney can assist injury vicitms in determining the best venue for a claim and how to recover compensation for their losses in the most efficient and comprehensive way.

New Hampshire is one of the only states that maintain optional auto insurance laws for motorists in the state. Under the law, drivers, excluding those convicted for specific driving offenses, can choose whether or not to purchase coverage. However, New Hampshire’s Motor Vehicle Financial Responsibility laws require drivers to demonstrate that they have sufficient funds if they are “at fault” for an accident. Those who are unable to meet this requirement risk license suspension and other repercussions. Notwithstanding the optional coverage, all motorists should consider the implications of driving without insurance in New Hampshire.

Generally, there are three primary ways to collect damages after suffering injuries in a New Hampshire accident. The first way involves filing a claim with the injury victim’s insurance company; this method is possible if the policy covers the victim’s loss. Many times the insurance company will pursue a subrogation claim against the negligent driver’s insurance carrier. Next, the claimant may file a third-party claim against the negligent driver’s insurance carrier. Finally, the victim may file a personal injury lawsuit against the at-fault motorist or other entity that may be responsible for the accident.

Despite the optional laws, purchasing auto insurance is an attractive option for many motorists. Those who purchase auto insurance must have coverage that meets the statutory minimums. The minimums include at least:

New Hampshire is a “fault” state, which means that at-fault drivers may be held liable for the consequences of their negligence—as such, establishing liability after an accident is critical to securing compensation for a victim’s injuries and losses. While the law follows the “fault” theory of liability, the process requires an in-depth understanding of complex New Hampshire personal injury laws.

A common inquiry is whether passengers involved in a single-vehicle accident can recover damages against the driver. For many reasons, accident victims in these cases tend to be reluctant to pursue damages against the at-fault party. Victims may feel that their relationship with the driver may limit their ability to recover compensation. However, the law provides victims with the same rights regardless of whether they were passengers in the at-fault driver’s vehicle or another vehicle.

While some hesitate to pursue damages against a friend or family member responsible for an accident, victims must understand that there are options for recovery. Under New Hampshire’s laws, injury victims have three primary options for financial recovery after an accident. These options include filing a claim with their insurance company, a third-party claim against the at-fault driver’s insurance company, or a direct claim against the at-fault driver. In most cases, the law entitles the injury victim for compensation for economic and non-economic losses such as their medical bills, hospitalization, surgery, rehabilitation, and mental distress.

Crossover accidents occur when a motor vehicle attempts to change directions by crossing over a road divider. The divider may be a painted line, median, grassy path, or roadway reserved for emergency vehicles. While New Hampshire crossover accidents are not the most common type of collision, the risks associated with the maneuver can have devastating consequences. These accidents tend to be serious because of the speeds of the vehicles involved.

For instance, a news report described an accident involving a driver trying to change directions on I-95. The driver and her passenger were driving southbound on the highway when she attempted to change directions. She used the crossover and entered the passing lane to make the turn. While attempting this unsafe turn, another driver was traveling in the passing lane and could not avoid colliding with the woman. Emergency responders transported the woman to a local hospital for treatment for non-life-threatening injuries. However, her passenger suffered serious injuries and was life-flighted to a nearby medical center. The woman faces charges of Aggravated Driving to Endanger and Operating with an Expired License.

Crossover accidents typically involve a vehicle crossing over a physical barrier or prohibited area on a highway. Barriers are self-explanatory; however, areas without physical barriers tend to have signage indicating that motorists cannot cross the area. Further, changing directions on a major highway is a risky move. Motorists who wish to change directions must do so by exiting the highway and reentering through the appropriate lanes.

The public generally associates impaired driving accidents with negligent drivers operating their vehicles under the influence of alcohol. However, many New Hampshire accidents involve drivers impaired by prescription medications. While prescription medications may be necessary for individuals to function and remain healthy, these medications can also cause significant impairment to the user.

Many prescription medications cause the user to have a slower reaction time because of drowsiness or confusion. Although medications typically have warnings on their bottles, many users fail to review the warnings or abide by them. Moreover, even when the user takes the medication as prescribed, they may still experience adverse or unexpected side effects. These side effects generally occur when the user mixes medications or uses alcohol with the medication.

Prescription and illicit medications can impair a person’s ability to make educated and safe decisions while driving. Further, the person may experience diminished control over their gross motor skills. This combination can be deadly to the driver and anyone in their path. For example, local news reports described a fatal New Hampshire crash. A 66-year-old Maine woman admitted that she took nerve and heart medication the morning of the accident and drank three glasses of wine. She also consumed a THC gummy the night before.

New Hampshire accident victims may incur sizeable financial losses related to the incident. In these situations, the victim may pursue compensation against the at-fault party for lost wages, medical expenses, pain and suffering, and similar losses. While many cases settle, a significant number of cases proceed to litigation. Even if the plaintiff is successful at trial, the challenges do not necessarily end. In many cases, defendants do not have the means to pay the judgment. It is vital that accident victims consult with an attorney to determine a viable way to recover compensation.

After a favorable judgment, the defendant should voluntarily and promptly pay the judgment. However, if the defendant fails to do so, the plaintiff has various methods for collecting the judgment or settlement amount. Recovering compensation is a complex process, and each form of recovery depends on the defendant’s unique circumstances. However, generally, New Hampshire plaintiffs can garnish the defendant’s wages. In some cases, the court will garnish a portion of the defendant’s wage towards the judgment amount. However, if the defendant is low income and surviving on government assistance, the court will not garnish those payments.

Next, a court may place a levy on the defendant’s property, such as their bank accounts, real estate investments, and vehicles. The plaintiff needs to record their judgment with the appropriate government entity to ensure that all or part of the proceeds will go to the judgment if the property is sold. Further, this applies to certain businesses the defendants own. The income from the business or proceeds from a sale may go to the plaintiff’s judgment. Finally, the defendant’s future or income may go towards the judgments. Moreover, New Hampshire’s uninsured and underinsured motorist laws may work in the plaintiff’s favor.

While most New Hampshire car accidents are between two cars, some accidents involve many vehicles. These multi-vehicle collisions are sometimes unavoidable for motorists who are suddenly confronted with a hazard, such as another vehicle that spins out of control or an unexpected pile-up occurring right in front of them. Often, multi-vehicle accidents are considered “chain reaction” car accidents.

A chain-reaction car accident is one in which an accident between two or more vehicles creates an unavoidable hazard for other motorists, who then end up getting into subsequent collisions. These accidents often occur on busy roads and highways. For example, in a recent New Hampshire chain-reaction car accident, four people were taken to the hospital with serious injuries.

According to a local news report, the accident occurred on Interstate 93 near the Hooksett tolls. While details surrounding the accident are sparse, authorities noted that the collision involved three passenger vehicles and a semi-truck.

Car accidents involving property damage are a common occurrence in New Hampshire. While some degree of property damage is an unfortunate consequence of many accidents, people do not expect a vehicle to barrel through and destroy their homes. Although it is rare, this can occur, especially when a home is close to a major roadway or intersection. On top of sheer shock, these accidents can result in severe property damage and injuries to the home’s occupants.

There are many reasons why a vehicle may slam into a house or fixture on a person’s property. Although most accidents are unexpected, they are usually avoidable and often involve some degree of negligence. Typically accidents involving a car running into the home occur because of driver fatigue, a medical event, a hazardous roadway, vehicle malfunction, or an impaired driver. On top of property damage that may exceed tens of thousands of dollars, the home’s occupants and bystanders may suffer serious or fatal injuries.

For instance, local news reports described a horrifying incident when a man crashed into a New Hampshire home. The driver was speeding in his SUV when he slammed into a mailbox and crashed into the home before finally coming to a rest after hitting a tree. The homeowner explained that they were sitting in their home when he saw his front glass door fly across the room. The driver slammed into a granite mailbox, which fell on the hood of his SUV and catapulted the vehicle straight into the home and then a tree. The father quickly ran to his young son and daughter, who were playing in the front room, where his son told him that he thought the house blew up and his sister was dead. The father grabbed his daughter and ran outside for help. The daughter was airlifted to a Boston hospital for emergency surgery. Authorities believe that speeding and intoxication contributed to the driver’s conduct. The man has been charged with driving while intoxicated, first-degree assault, and three counts of reckless conduct with a deadly weapon.

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