Articles Posted in Car Accidents

Accidents happen every day. When these accidents result in a fatality, however, those who are survived by the deceased accident victim may have the ability to file a New Hampshire wrongful death claim in court. These claims can often be complex, and like other states, New Hampshire has state-specific rules governing who can file such claims and what damages and remedies are available for the parties who decide to bring these claims to court.

According to a recent news report, a local New Hampshire man was arrested after a roadway accident killed the passenger on his motorcycle. The driver of the motorcycle failed to account for a curve in the roadway and lost control. After losing control, the driver and his passenger were both thrown from the motorcycle off the shoulder of the roadway where his passenger sustained fatal injuries from the crash. The driver sustained life-threatening injuries and was transported to a local hospital where he was charged with negligent homicide. The investigation into the crash is still ongoing, but local authorities reported that alcohol was potentially a factor in the crash.

To advance a successful wrongful death claim in New Hampshire, one must first be eligible to bring such a claim to court. New Hampshire allows wrongful death suits to be filed in cases where the “negligent, reckless, or intentional act” of another party causes death. Wrongful death claims are just like other personal injury claims, except the injured person is deceased and no longer able to bring a suit on their own for damages. Instead, the deceased’s estate or family must file on their behalf.

In New Hampshire, the state’s “live free or die” motto rings especially true when it comes to car insurance laws and requirements. Most states across the country require auto insurance for all drivers, but New Hampshire, uniquely, does not. The state does, however, have other requirements that operators of vehicles are responsible for. Because the state laws are so anomalous compared to other states across the country, it is crucial that every driver knows what the expectations are for them under New Hampshire laws.

Although New Hampshire does not require car insurance for drivers, it does require drivers to cover expenses relating to property damage and bodily injury if they are the at-fault party in a vehicle accident. The New Hampshire Department of Safety, despite a lack of a statewide mandate for auto insurance, strongly recommends owners and operators of automobiles obtain standard car insurance to best protect themselves in the event of an accident.

Even though auto insurance is not required in New Hampshire, having it is the best way to cover these cost requirements. New Hampshire drivers who do decide to purchase auto insurance are subject to certain coverage minimums. The policy must have at least $25,000 in bodily injury coverage per person, $25,000 in property damage coverage, and at least $50,000 in bodily injury coverage for accidents involving multiple people. Policies are also required to include at least $1,000 in medical payments coverage so that if an accident occurs, you are able to pay a portion or all of your own medical bills.

New Hampshire law does not require residents to purchase vehicle liability insurance. However, if a person chooses to purchase coverage, they must include Uninsured/Uninsured Motorist Coverage (UIM). The Insurance Research Council reported that about 10% of New Hampshire drivers do not have vehicle insurance. In light of these numbers, drivers must understand their rights and remedies if they are involved in a New Hampshire car accident with an uninsured or underinsured driver.

Under New Hampshire Statute RSA 264:15, insurance policies cannot be issued without uninsured motorist coverage, equal to the amount of bodily injury coverage the policyholder purchased. New Hampshire requires policyholders to purchase at least $25,000 for single accidents involving death or injury and $50,00 for accidents resulting in death or injury to two or more individuals.

Unlike bodily injury claims, which are typically made against a third party and their insurance company, UIM claims are made against the policyholder’s insurance company. Coverage disputes are generally based on contract law and may require civil lawsuits. Many lawsuits involve disagreements about the number of medical bills, how the injury occurred, and the vehicles involved. In some cases, insurance companies will argue that the circumstances do not fall into the coverage parameters.

Hosting social gatherings nowadays may look a bit different than they did before COVID-19 began. Some things, however, remain the same at these events, even with social distancing requirements. Alcohol being present at a gathering, for example, is still common. However, hosts may have a greater responsibility than they expect or are aware of when serving adult refreshments at a party. Following a social gathering, if a host’s guest leaves the event intoxicated and gets into an accident, it may give rise to liability on the part of the host.

In a recent state opinion, a deceased accident victim’s parents filed a wrongful death action on behalf of their son who, after leaving a social gathering, got into a fatal car accident. On the night in question, an underage friend of the deceased allowed him and a couple of other friends to consume alcoholic beverages in his home. The victim and another friend were intoxicated when they left the gathering, and on the way home, the deceased’s friend lost control of his vehicle and crashed. The plaintiff died on the scene. His friend’s blood alcohol concentration was twice the legally permitted amount.

The victim’s parents filed a complaint against their son’s friend who was operating the car, who, in turn, filed a third-party complaint against the host of the social gathering. The trial court ruled in favor of the host, holding that he did not have a duty to supervise his friends.

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.

New Hampshire personal injury lawsuits can stem from all types of incidents, ranging from car accidents to slip and falls to defective products. However, in some cases, unusual accidents can lead to serious injuries or death. These cases are particularly challenging because there tends to be a lack of case law addressing the specific situation, and establishing liability may involve a complicated investigation. A New Hampshire personal injury attorney can help individuals in these situations determine their rights and remedies.

The law does not provide a distinct or clear-cut definition for the term unusual accident, but these accidents often arise after a series of unlikely events occurring around the same time. For example, a New Hampshire news report recently described an unusual incident. Firefighters were responding to a call that a woman suffered burns in a kitchen fire. While they were en route to the scene, the firefighters received another call that a pickup truck ran over a gas can, causing a fire.

Responders explained that when they arrived, they saw that three people experienced burns. The fire chief stated that a pickup truck driver ran over a gasoline can near the house of the woman they were initially responding to. The can was crushed, and the fuel spilled, and fumes entered an open window of the house. The pilot light on the stove ignited the fumes, burning the woman working near the stove. The woman ran into a lake while the other two victims worked to put out the fire.

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.

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