Articles Posted in Car Accidents

Drunk driving kills thousands of people every year and leads to a substantial number of corresponding arrests and charges. Even in states like New Hampshire that have strict drunk-driving laws designed to prevent the frequency of such incidents, drunk driving accidents still remain common across the state. In fact, New Hampshire drunk driving accidents have ranked among the leading causes of fatal car accidents for years.

In a recent news article, New Hampshire state police arrested ten drivers during a drunk driving saturation patrol. During the DWI Saturation Patrol, 92 vehicles were stopped, and ten arrests were made. Four people were arrested on driving under the influence (DUI) charges, and one of them was a felon in possession of a stolen handgun, receiving stolen property, and conduct after the accident. Another who was arrested on an aggravated DUI and speeding charges also incurred an open container violation. Various other individuals were arrested on different charges in addition to DUI and DWI charges, ranging from theft to operating the vehicle without a valid license to breach of bail.

According to recent reports, the New Hampshire State Police have taken on a more aggressive role to prevent drunk driving throughout the state. Although New Hampshire has some of the most strictly enforced laws in the country to counteract and prevent drunk driving, the practice remains common across the state.

New Hampshire car accident victims have a variety of legal remedies to recover damages for the losses they suffered because of another motorist’s negligence. However, the law imposes strict deadlines and other requirements for injury victims pursuing these claims. Victims who fail to abide by these requirements may risk the dismissal of their case or an inadequate compensation award. New Hampshire car accident victims should contact an experienced attorney to assist them through this challenging process.

After an accident, New Hampshire drivers must report the crash in writing to the Division of Motor Vehicles (DMV) within 15 days. This applies in situations where any party suffered injuries or died in the accident, or if anyone suffered property damage over $1,000.

After receiving medical treatment, injury victims should promptly contact an attorney to discuss their rights and remedies. Quick action is critical to ensuring that a potential lawsuit complies with the state’s statute of limitations. The statute of limitations is the amount of time New Hampshire law allows victims to file a personal injury or wrongful death lawsuit against the at-fault party. The statute of limitations does not apply to insurance claims, as insurance companies provide their own specific reporting requirements. In most cases, insurance claims should be made as soon as possible, and usually no more than a few weeks after an accident. New Hampshire law generally provides that personal injury lawsuits must be filed within three years of the incident giving rise to the claim. However, there are certain exceptions to the statute of limitations. These exceptions only apply under a limited set of circumstances.

Every time a driver gets behind the wheel, there is a small chance that something will go terribly wrong. However, the risk of an accident occurring is often higher when certain external factors are at play. For example, dangerous road conditions, inclement weather, and other reckless or distracted drivers can all add to the daily dangers that drivers face.

In a recent news report, a local Manchester man is facing multiple charges following a major car accident. The man who caused the accident suffered from schizophrenia and allegedly threatened to kill his parents before stealing their SUV and crashing it. Local authorities on the scene reported that the stolen SUV exceeded 100 miles per hour several times before crashing into the rear of a Subaru Outback.

The collision sent the Subaru off the highway, rolling multiple times and injuring the driver and passengers. In the Subaru, all three individuals who were in the vehicle were transported to a local hospital for treatment of their injuries. The family’s dog was also transported to a local vet with life-threatening injuries.

After a recent spike in New Hampshire traffic accidents, the state saw a welcome reprieve in 2019 when the rate of traffic accidents declined. Although the reduction in fatalities is certainly a positive, the state continues to experience a steady number of serious accidents. The National Highway Traffic Safety Administration (NHTSA) reports that most motor vehicle accidents occur on weekends at the end of the summer. Further, many New Hampshire car accidents occur on a popular tourism route from Lake Winnipesaukee to Mount Washington. Although it is not always possible to avoid accidents, New Hampshire motorists should take steps to avoid traveling on these densely-populated routes during high traffic periods. However, accidents are inevitable, and motorists who suffer injuries because of another’s negligence should contact a New Hampshire accident attorney to discuss their rights.

Accidents can occur for many reasons, including inexperienced drivers, motorists under the influence of drugs or alcohol, speeding, distraction, and drivers who are unfamiliar with particular roadways. Although no specific data exists regarding the number of tourists involved in New Hampshire accidents, anecdotal evidence suggests that many residents have been victims of motor vehicle accidents involving out-of-state drivers.

There are many reasons that tourists may cause an accident during the summer in New Hampshire. As odd as it may sound, many believe a leading reason to be tourists are often distracted by the scenery. Additionally, tourists are often unfamiliar with the roads and highways in New Hampshire, and are more easily caught off-guard by sudden curves, merging roadways and unmarked entrances. Of course, the common culprits of distracted and drowsy driving also play a role in these accidents, as tourists are in the car for long hours at a time. Although the state welcomes tourists, New Hampshire locals should be especially careful during the tourist season to avoid the potentially disastrous consequences of a car accident.

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.

Sometimes, a car accident is truly an accident. However, more often than not, accidents are caused by a motorist’s negligence. This is especially true when it comes to New Hampshire drunk driving accidents. Getting behind the wheel after having too much to drink is a choice, a choice that – according to a recent report – many New Hampshire residents continue to make despite the known dangers involved with intoxicated driving.

According to a recent news article discussing the results of the report, New Hampshire ranks in the top third of states when it comes to the total number of drunk driving incidents. Specifically, the Granite State comes in 14th place, with more than 383 drunk driving arrests per 100,000 residents. This figure is almost 25 percent higher than the national average of 301 arrests per 100,000 people.

The report compared the number of DUI arrests in recent years with years prior, bringing to light some concerning statistics. For example, the rate of New Hampshire drunk driving arrests increased over three percent between the years of 2014 and 2018. In 2009, DUI arrests peaked, with over 400 arrests per 100,000 residents. However, all the way looking back to 2009, the rate of drunk driving arrests in New Hampshire decreased by 3.2 percent. While that may seem like a good thing, the national rate of drunk driving arrests decreased by 35 percent over that same period. Nearby Vermont was the only New England state that ranked above New Hampshire, with 418 drunk driving arrests per 100,000 people.

The Center for Disease Control (CDC) reports that one of the leading causes of death for New Hampshire children, teens, and young adults are motor vehicle accidents. According to the New Hampshire State Police, the majority of fatal car accidents are the result of impaired driving, distracted driving, and the failure to abide by traffic and safety laws. In a recent study, the Insurance Information Institute (III), found over 10 percent of these accidents were head-on collisions.

Frontal crashes or head-on collisions typically occur when one vehicle was on the wrong side of the road and collides into an oncoming car. These accidents usually happen when a person improperly drives down a one-way road or highway, or if they were driving while under the influence of drugs or alcohol. Head-on collisions often result in severe injuries and damages because of the nature of the impact. Individuals or representatives of those who suffer injuries in a New Hampshire head-on collision may be able to recover for their damages against the at-fault driver.

New Hampshire head-on collision victims who wish to recover for their losses must be able to establish that the other party was negligent. Under New Hampshire’s negligence per se standards, an at-fault party may be liable for violating a statute that was designed to prevent the same type of harm the plaintiff suffered. This theory may be applicable in cases where the at-fault party was texting and driving or failing to keep to the right side of the road. In these instances, proof that the at-fault driver was engaging in these behaviors is sufficient to show negligence. In cases where negligence per se does not apply, the plaintiff must prove that the defendant did not meet the standard of care in operating their vehicle, and the result was injuries to the plaintiff.

Head-on car accidents can wreak havoc on the lives of New Hampshire residents. Because of the angle and speed of the two vehicles, these accidents are often deadly, meaning drivers should always be on guard when driving on one-way streets and aware of the possibility that a car may cross the median.

A recent tragedy from last month illustrates the danger associated with these accidents. According to a local news report covering the incident, the at-fault driver, a 43-year-old woman in a 2017 Volvo, was driving north on I-495 southbound just after 8:30 p.m. on a Saturday night when she crashed headfirst into a 2018 Chevrolet driven by a 27-year-old man. Tragically, both drivers were pronounced dead on the scene. The Chevrolet’s passenger, an 83-year-old woman, was transported to the hospital immediately, where she remains in critical condition. The crash led to the highway being closed for about three hours as authorities investigated the scene and tried to reconstruct the accident to determine what happened. The incident remains under investigation today.

Tragic instances such as this one are a sobering reminder of how quickly life can change, and how one New Hampshire car accident can change people’s lives forever. Many people do not ever think that their lives will be uprooted by someone else’s careless mistake, and suddenly find themselves unsure what to do when they are injured in a car accident. Although nothing can undo the damage these accidents cause, New Hampshire law does provide accident victims an avenue for monetary relief: filing a civil negligence suit. These suits can be filed against a responsible driver when they, for instance, drive the wrong way on a highway.

In New Hampshire, motorists involved in a car accident may be held liable for the damages caused by their negligence. The state’s “at-fault” laws allow injury victims to recover from third-parties, such as insurance companies, as long as they can prove that the policyholder is liable for their losses. However, insurance companies typically look out for their own best financial interest and will go to great lengths to reduce or dispute an injury victim’s claim. Therefore, New Hampshire car accident victims must understand and apply the best theories to their case.

Under New Hampshire law, injury victims who wish to recover for their damages must prove that the defendant was negligent. To prove negligence, the plaintiffs must establish that the defendant owed them a duty to keep them safe, and they breached that duty. Generally, plaintiffs must be able to prove the standard of care that a defendant owed them and present evidence that a reasonable person would have been more prudent in the same situation. In some instances, plaintiffs may accomplish this by establishing that the defendant was “negligent per se.”

Negligence per se applies when a person causes an injury while they were violating a law that was designed to protect the public. For example, the theory applies in situations where a person causes an injury while they were driving under the influence, speeding, driving recklessly, or running a red light. Negligence per se allows the inference that the defendant was negligent, thus allowing the plaintiff an easier path to recovery. In these cases, the fact finder does not have to consider whether the defendant’s behavior was unreasonable. Instead, the defendant’s actions are deemed unreasonable because they violated a rule, regulation, or statute. In these cases, there is a presumptive standard of care, so juries will only need to determine whether the defendant violated the applicable law and then whether the defendant’s violation caused the plaintiff’s injuries.