Articles Posted in Motorcycle Accidents

According to a recent news report, the auto insurance company for the trucking company involved in the June New Hampshire motorcycle crash that killed seven former marines filed a claim asking the court to relieve them of their responsibility. The request comes several months after the tragic accident in which a truck driver, under the influence of drugs, collided into the motorcyclists. Following the accident, the insurance company received 15 claims from the relatives and surviving victims of the collision. In response, the insurance company filed a lawsuit claiming that they were unable to determine how much to allocate to each party and therefore requested the court to determine the payouts. Additionally, the insurance company asked that the court release them from their duty to defend the trucking company.

New Hampshire law does not require motorists to obtain car insurance. However, under the state’s Motor Vehicle Financial Responsibility Requirements, motorists must pay for losses that they cause in an accident. Although, in most cases, New Hampshire commercial truck drivers do not need to have car insurance, federal law requires that trucking companies who operate across state lines must have at least $750,000 in liability insurance. This federal law was designed to protect those who are involved in a crash with a truck driver, because injuries and damages in these accidents are typically severe.

Commercial insurance covers things such as property damage that the vehicle caused and medical and burial expenses that a victim or their loved one incurred. Injured New Hampshire motorists may face challenges with covering their costs because the state does not mandate insurance coverage. In these instances, victims may have to cover their expenses by filing a claim with their insurance company or filing a personal injury lawsuit against the other party.

According to a recent news report, the driver who killed seven in a New Hampshire crash in June will face 23 criminal charges. The driver admitted to being under the influence of drugs when he crossed a double yellow line and slammed into seven motorcyclists, fatally injuring them. Prosecutors indicted the driver on seven counts of manslaughter, negligent homicide, and one count of aggravated driving while intoxicated and reckless conduct. In addition to the seven motorcyclists that the driver killed, he also seriously injured one other motorcyclist and placed 14 people in danger of bodily injury. The driver may face civil charges from the family members of the motorcyclists, along with a potential 30-year prison sentence.

According to statistics released by the New Hampshire Department of Health and Human Services Division of Public Health Services, New Hampshire motor vehicle crashes are the most common cause of severe bodily and fatal injuries in the state. In many cases, these accidents are the result of distracted or inattentive driving, speeding, or mechanical issues. However, many fatalities are the result of a driver driving while impaired or under the influence of drugs or alcohol. The injuries in these cases are typically the most severe and have the most devastating impact on the victim and their family.

Under New Hampshire law, injury victims who want to recover against another driver must establish that the driver was negligent and that negligence caused the victim’s injuries and damages. However, plaintiffs may be able to recover under the theory of negligence per se when the other party caused the accident because they were under the influence or impaired. Negligence per se applies when a party violates a law and causes injuries that the law was designed to prevent. When negligence per se applies, the defendant is determined to be legally negligent and the plaintiff need only prove that the defendant’s acts caused their injuries. For example, in this case, the driver admitted that the accident occurred while he was driving under the influence; therefore, the families may be able to recover damages based on negligence per se.

The continuing investigation into Boston’s Registry of Motor Vehicles (RMV) following the New Hampshire crash that killed seven, revealed that employees knew of computer problems a year before the crash. The inquiry into the RMV follows a tragic New Hampshire accident when a truck driver under the influence of drugs crossed a highway and collided and killed seven motorcyclists. The Federal Motor Carrier Safety Administration (FMCSA) conducted a detailed investigation of the accident and discovered that the truck driver’s serious traffic and safety violations dated back to 2012. The truck driver obtained a commercial driver’s license despite his disturbing driving and criminal history.

The RMV has been under scrutiny following this accident because it is unclear why a driver with prior arrests in six states for various drug and driving offenses was able to obtain a license. The former head of the RMV admitted that it was her understanding that the agency did not process out-of-state driving histories and notifications until she took over in 2015. She claimed that she began addressing the issue, however, the agency lacked the resources to keep up with the backlog.

According to a recent news report, more recent investigations uncovered a 2018 email written by an RMV officer in which he noted that there were “serious problems” with the agency’s computer system. The email was written in 2018 and forwarded to various RMV employees. It referenced the various lapses and divergence from policies and procedures. The hearings officer also questioned why Massachusetts driving records did not indicate that drivers had out-of-state violations. However, despite being informed that there was a problem with their reporting system, no one at the RMV took steps to address and correct the problem.

Earlier this month, one man was killed in a New Hampshire motorcycle accident on Route 106, in Belmont, just north of Brown Hill Road. According to a local news report, the driver of a car was traveling southbound on Route 106 when she veered over the center median. The motorist traveled for about 300 feet before crashing head-on into a motorcycle. Another northbound car was struck by both the at-fault motorist’s car and the motorcycle.

The motorcyclist, who was wearing a helmet at the time, was pronounced dead at the scene by emergency responders. The at-fault motorist was initially trapped inside of her vehicle, but was freed by responders. The driver of the third vehicle was able to walk away from the crash. Police are in the midst of an official investigation, and are trying to determine the driving behavior of the motorists immediately before the collision.

The fatal accident is the third in 14 months on this particular portion of Route 106 near Belmont. In the wake of the most recent accident, one state representative has called for rumble strips to be installed along the median to prevent this type of accident.

A national news outlet recently reported that a truck driver was under the influence of drugs and reaching for a drink when he crashed into seven motorcyclists on a New Hampshire highway. The truck driver crossed a double yellow line and fatally hit the motorcyclists. These motorcyclists were part of a biker group comprised of Marine veterans and their spouses.

The Federal Motor Carrier Safety Administration (FMCSA) conducted a thorough investigation and released a detailed report regarding the crash. Evidently, after the accident, the truck driver told police officials that he was reaching for an unspecified drink on the passenger’s seat when the accident occurred. The investigation revealed that the truck driver had a lengthy and alarming driving history.

Apparently, before this accident, he was arrested in several other states for various drug and driving offenses. Despite a license suspension, he was still able to receive a Massachusetts commercial driver’s license. His driving offenses date back to when he was 16 years old in 2012. One of the accidents should have resulted in the driver’s commercial driving license being suspended. However, the truck driver slipped under the radar and was able to retain his license. The inspection following this accident uncovered over 20 safety violations with both the driver and his vehicle. The trucking company that employs the driver is also under investigation.

Earlier this year, a state appellate court issued a written opinion in a New Hampshire motorcycle accident case discussing whether the plaintiff was entitled to underinsured motorist coverage. Ultimately, the court concluded that a clause in the insurance policy was not valid or enforceable. The provision required the plaintiff to obtain a certain amount of underlying insurance as a condition of the uninsured motorist benefits outlined in the plan. As a result of the court’s finding, it held that the insurance company could be liable for the plaintiff’s injuries under the policy.

According to the court’s opinion, the plaintiff was involved in a New Hampshire motorcycle accident when an SUV struck him. The plaintiff claimed that the other driver was at fault, and that while that driver had an insurance policy, the policy limits were insufficient to cover the plaintiff’s injuries. The plaintiff maintained two insurance policies on the motorcycle, one with Allstate and one with the defendant. Thus, the plaintiff filed a claim with Allstate, under the underinsured motorist provision (UIM) of his policy. The limits of this policy were $25,000/$50,000.

The plaintiff, believing that his injuries exceeded the amount of compensation provided through the other two policies, filed a claim with the defendant insurance company seeking additional coverage under the UIM provision. However, the policy with the defendant insurance company contained an endorsement, requiring the plaintiff to obtain a certain amount of underlying insurance as a precondition to the UIM benefits outlined in the policy. Thus, the insurance company denied coverage. The plaintiff initiated this case to compel the insurance company to cover the claim.

A tragic New Hampshire motorcycle accident has occurred involving a pickup truck that was towing a flatbed trailer and ten motorcycles. According to a local news report covering the accident, the motorcyclists had just attended a dinner and were heading to a fundraiser at the American Legion.

Evidently, the pickup truck inexplicably crossed over the center line and into a pack of 15 motorcycles. The truck collided with ten of the motorcycles, several of which were carrying passengers. Witnesses to the accident told reporters that bodies were strewn across the highway and median after the accident.

Authorities quickly began an investigation into the motorcycle accident, revealing that the pickup truck driver responsible for the collision had been involved in numerous other accidents. Apparently, the driver of the pickup truck was arrested twice earlier this year, once for a DUI offense and another time for the possession of narcotics. Back in May, the driver was arrested in nearby Connecticut after he was pulled over on suspicion of driving under the influence and refused to take a breath test to determine the amount of alcohol in his blood.

There seems to be a scooter-fever going around. Over the past few years, electric scooter shares have been popping up across the country. Electric scooters are battery-powered, and can travel up to 20 miles per hour when fully charged. A scooter share is a concept in which the hosting company places several docks across a city and fills them with scooters. For a small fee, the company allows users to rent a scooter at one dock and return it at any other dock. Some companies allow users to leave the scooter anywhere, and rely on paid “chargers” to find the scooters, charge them at home, and then return them to a dock. While scooter shares have been very popular with commuters as an alternative to driving or taking public transportation, many are concerned about the increase in New Hampshire scooter accidents.

Currently, there are no scooter shares in New Hampshire, although that is likely to change as their popularity continues to grow. One of the main concerns many have with scooter shares is the overall dearth of experience most users have with scooters. While scooters may seem harmless enough, they present a serious risk, not just to those riding them but also to other motorists. As it currently stands, scooter-share companies do not require that users have any riding experience before they can rent a scooter. Thus, users who have never been on a scooter and have no idea how they are operated can take the electric vehicles out with no supervision.

Another issue with e-scooters is the lack of regulation surrounding their use. For example, many cities have no regulation when it comes to where scooters should ride or the maximum speed limit. There is also often no regulation on where users can leave the scooters. This creates confusion among users, which increases the chance of a serious accident. According to a news report, the City of Portsmouth recently decided to get out in front of this issue by passing a city ordinance governing the use of electric scooters.

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