Articles Posted in Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), close to 10 percent of fatal car accidents involve a distracted driver. Specifically, data suggested that six percent of all drivers involved in a deadly accident were distracted at the time of the crash, and nine percent of teenage drivers between 15 and 19 years old were distracted. Moreover, there were close to 600 non-occupants, such as pedestrians and bicyclists, who were killed by a distracted driver. Distracted drivers may be liable for New Hampshire car accidents caused by their negligent driving.

Distracted driving occurs whenever a driver diverts their attention from driving and paying attention to the road to something else. Common distracted driving behaviors include texting while driving, dialing a number on a cell phone, eating, changing the music on a device, watching a video, tending to passengers or animals, and fatigue. These behaviors can have potentially deadly consequences for everyone on the road.

For example, recently, a national news report described the harrowing details of a fatal accident that occurred because a driver was texting. A woman was texting her husband about their dinner plans when she rear-ended the car in front of her. As a result of the impact, the vehicle that she rear-ended crashed into a woman who was taking a walk while on a work break. Tragically, the pedestrian died a few days after the collision. The texting driver stated that she only looked down for a moment, and when she looked up, the car was right in front of her. A jury found the woman guilty of vehicular manslaughter, and she is facing up to 10 years in prison, in addition to possible civil claims.

In 2002, New Hampshire lawmakers passed Jessica’s Law in response to the tragic death of a 20-year-old woman who died when ice flew off a moving truck, hitting another truck, which then collided with the young woman’s vehicle. The woman’s mother lobbied for the law to prevent other parents from having to suffer the tragedy that her family endured. The law allows police officers to fine drivers between $250 and $500 for first offenses, and $500 to $1,000 for subsequent violations. Moreover, drivers who fail to abide by this law and cause New Hampshire car accidents may face civil personal injury lawsuits as well. These negligent drivers may have to pay compensation for the damages that they caused.

These violations are taken seriously by police because the consequences of flying snow and ice can be deadly to New Hampshire drivers, motorists, and pedestrians. Flying snow and ice can cause property damage to other vehicles, vision obstruction, and loss of control. Statistics indicate that close to 2,000 deaths and 137,000 injuries occur each year related to icy and snowy road conditions. Snow and ice removal before traveling does not take much time and can go a long way toward preventing a potentially fatal situation.

In some cases, ice and snow accumulate while a driver is already on the road. To address these situations, safety experts recommend that drivers keep a roadside safety kit in their car. Some essential items in the kit include cables, blankets, ice scrapers, and kitty litter. These items can help drivers safely and quickly remove snow while they are on the go. Additionally, it is a good practice for drivers to check a vehicle’s brakes, batteries, lights, tires, and seat belts before the winter driving season.

According to the U.S. Department of Transportation, inclement weather, including snow and ice, is responsible for over 1,800 deaths and 136,000 injuries each year. Some car accidents are not preventable; however, many occur because drivers, property owners, and pedestrians do not take appropriate precautions when driving or walking through snow and ice. The high rate of weather-related car accidents should serve as a warning to drivers that it is crucial to operate their vehicles safely during these weather conditions.

New Hampshire drivers should make sure to prepare their vehicles for winter conditions. According to the National Highway Traffic Safety Administration, some steps that drivers can take to avoid a weather-related car accident are to clear off headlights and windshields, remove snow from their car, make sure that their car has enough antifreeze, and periodically inspect their tires. Drivers should also check weather reports to prepare for the road conditions and consider alternative routes, since bridges and overpasses may become icy before other surfaces do. Furthermore, drivers should take steps to improve their visibility by keeping their headlights on. Most importantly, drivers should reduce their speed and keep a safe distance from the car in front of them. The winter season brings both higher rates of vehicle travel and treacherous weather conditions, so drivers must engage in these safe behaviors. Recent reports indicate that many cities are urging their residents to take additional precautions when traveling during the holiday season. Some are suggesting that residents use public transportation and evaluate whether travel is necessary or safe.

When New Hampshire drivers engage in unsafe driving behaviors, they may be liable for the injuries that their actions cause. Accidents can occur when snow and ice fly off car roofs, when a driver follows too closely, or when their excessive speed causes a collision. Additionally, New Hampshire has statutes in place that require property owners to exercise reasonable care in the maintenance of their property. This means that property owners that do not rely on commercial salt applicators must ensure that their property is salted for people visiting their property.

When injuries happen as a result of a New Hampshire car accident, there can be seriously large medical bills resulting in accident victims suffering a financial strain. In an ideal world, the at-fault driver’s insurance company would cover the costs incurred by the accident’s victims. However, while New Hampshire law requires drivers to have auto insurance, there may be times that the at-fault drivers are either uninsured or underinsured and therefore cannot pay fully for the harm caused. Currently, in New Hampshire, recent statistics indicate that about 9% of drivers don’t have any car insurance.

To solve this problem, New Hampshire requires that all drivers who purchase auto-insurance also purchase Uninsured Motorists Coverage of the same amount. This coverage will help drivers cover the costs of injuries that result from an accident with an at-fault uninsured or underinsured driver. It will also protect drivers from hit-and-runs, where the victim has no chance to discover who the at-fault driver is. However, what happens if a driver’s Uninsured Motorists Coverage is still not enough to cover all the costs?

Under New Hampshire law, accident victims may be entitled to “stack” their Uninsured Motorist Coverage limits if they purchased the insurance for more than one vehicle. For instance, a couple may purchase auto insurance, and thus Uninsured Motorists Coverage as well, for both of their vehicles and have coverage of up to $50,000 per vehicle. If the husband is then in a crash with an uninsured driver, and his resulting medical bills are $80,000, the $50,000 will not cover it all. Depending on his insurance policy, however, he may be able to stack the coverage from his wife’s car as well, which adds up to $100,000 and would allow him to cover the $80,000.

Three people lost their lives in a tragic New Hampshire Car accident, according to a recent news source. Evidently, the crash occurred when the vehicle carrying all three victims was traveling northbound on a New Hampshire interstate. The vehicle inexplicably left the road from the left-most lane of travel. Police told reporters that another vehicle “may have merged” in front of them.

The victims’ car swerved into the median and rolled over, throwing all occupants out of the vehicle. The accident occurred around 11:30 a.m. on a Sunday morning. Responding police officers are not sure who was driving the vehicle containing the three victims, as all three were thrown from the vehicle and none were believed to be wearing a seat belt. Police did not suspect that anyone was impaired by drugs or alcohol, but the crash is still being investigated and police are requesting the help of additional witnesses.

In a New Hampshire personal injury case, there are different types of damages a plaintiff may be able to recover. The first category of damages is generally referred to as economic damages. They generally cover the costs associated with the plaintiff’s injuries caused by the accident. These damages can include medical bills and other past medical expenses, future medical expenses, lost employment wages, loss of earning capacity, and other generally quantifiable damages.

A local New Hampshire news report indicated that a driver involved in a head-on collision is facing reckless conduct charges. State police reported that the 21-year-old driver crossed through a center line on a New Hampshire road and collided with another driver. The at-fault motorist was arrested and then taken to a local hospital for treatment of the injuries he sustained in the accident. Both the young driver’s passenger and the woman driving the vehicle he collided with sustained severe injuries. They were transported to the hospital for life-threatening injuries. State police explained that the case is still under investigation to determine why the young man crossed through the center line.

Under New Hampshire law, a criminal reckless conduct charge is taken very seriously and can carry significant penalties, including jail time and significant fines. Moreover, if a New Hampshire driver is injured because of another’s reckless or aggressive driving, they can pursue civil remedies and may be entitled to compensation for their injuries. Under state law, drivers are required to operate their vehicles with ordinary and reasonable care. Ordinary and reasonable care means that drivers should follow posted speed limits, safely change lanes, keep a safe following distance, properly pass other drivers, and not engage in reckless or aggressive driving.

The National Highway Traffic Safety Administration (NHTSA) explains that aggressive driving occurs when an individual operates a vehicle in a way that endangers or is likely to endanger someone or their property. Further, New Hampshire law specifies that reckless driving includes driving in a manner that poses a “substantial and unjustifiable” risk to others when the driver knew of the attendant dangers and disregarded them. Some common scenarios that may result in a reckless driving charge are street racing, speeding over 100 mph, and swerving through traffic at a high speed. These behaviors are likely to result in severe injuries to passengers, other drivers, and pedestrians. If an aggressive driver’s behavior causes an accident and injuries, they should be held liable for the resulting damages.

New Hampshire car accidents claim upwards of 90 lives per year. Many of these accidents involve the fault of multiple parties. As we have discussed in previous posts, New Hampshire uses the modified comparative fault doctrine when determining whether an accident victim can recover for their injuries. Under this doctrine, an accident victim can pursue a New Hampshire personal injury claim, so long as their fault is less than the combined fault of all defendants. In other words, as long as the accident victim was less than 50% at fault for the accident, they can bring a claim.

Not surprisingly, given how the comparative fault doctrine works, defendants frequently claim that an accident was not their fault, but was instead caused by the plaintiff’s negligence. One question that often arises is whether a defendant can point to a plaintiff’s failure to wear a seat belt as evidence of the plaintiff’s negligence. In New Hampshire, the answer is “no.”

Almost every state in the U.S. has at least some kind of law specifying when motorists need to wear their seat belt. In fact, New Hampshire is the only state with no seat belt law on the books. (Note: children are required to be safely secured in car seats, and minors under the age of 18 are required to wear a seat belt). Not surprisingly, in a recent study conducted by the Center for Disease Control, researchers found that just 69% of New Hampshire motorists wear their seat belts compared to 86% of motorists nationwide.

After someone is injured in a New Hampshire car accident, one of the most important considerations when filing a personal injury case is which parties to name as defendants. This can be a critical decision that impacts the plaintiff’s overall ability to recover compensation for their injuries for several different reasons.

First, New Hampshire injury victims get only one chance to bring their case against all potentially responsible parties. If a plaintiff proceeds to trial against one defendant, and then later discovers that another party also bore some responsibility, the court will likely preclude the plaintiff from bringing another case against the later-discovered defendant. Such a situation allows the named defendant to shift as much blame as possible onto the non-present party. If the defendant is successful in doing so, the jury may find that the non-present party was primarily responsible, leaving the plaintiff with no way to recover for their injuries.

Another essential reason to thoroughly investigate a claim is to increase the chances a plaintiff will be able to recover any monetary award issued by the jury. In many New Hampshire personal injury cases involving individual defendants, the defendant does not have sufficient assets or insurance coverage to fully and fairly compensate the plaintiff for their injuries. By identifying and naming additional parties, especially employers, a plaintiff greatly increases the chance of receiving the full amount of any judgment in their favor.

Many New Hampshire personal injury cases involve multiple defendants. For example, chain-reaction car accident, injuries caused by dangerous or defective products, and even slip-and-fall accidents often result in an injury victim filing a claim against several different defendants. While the jury is ultimately responsible for apportioning liability between the parties, the court’s job is to make sure that the jury follows the rules when doing so. The New Hampshire Legislature provides guidance for divvying up liability in multi-defendant personal injury cases.

After a jury determines that there are multiple parties who are liable for the plaintiff’s injuries, the court will ask the jury to come up with the total amount of damages the plaintiff should receive for their injuries. Then, the court will instruct the jury to determine each defendants’ relative percentage of fault. The court will then apportion the damages among the defendants according to the jury’s breakdown of responsibility.

In many cases involving multiple defendants, each defendant is responsible only for their own share. However, under New Hampshire Revised Statutes section 507:7-e, if a defendant is found to be more than 50% at fault for the plaintiff’s injuries, that defendant will be held jointly and severally liable for the entire damages award. Thus, even if other defendants contributed to the accident, the defendant primarily responsible for the crash must cover their share if the other defendants are unable to pay. In addition, any party who knowingly caused harm to the plaintiff will be subject to joint-and-several liability, even if they were less than 50% at fault.