Articles Posted in Motorcycle Accidents

A man who suffered serious injuries following the harrowing 2019 New Hampshire motorcycle crash filed a lawsuit against the Massachusetts Registrar of Motor Vehicles (RMV). The pickup truck driver pleaded not guilty to criminal charges of negligent homicide, manslaughter, and driving under the influence. The driver admitted that he was suffering from a drug problem and regularly used heroin and cocaine; however, he denied impairment at the time of the accident. However, toxicology revealed that the driver had fentanyl, morphine, and a chemical commonly found in cocaine, in his system. The crash took the lives of seven motorcyclists when the pickup truck driver drifted across the double yellow line and slammed into the lead motorcyclist.

The National Transportation Safety Board (NTSB) investigation points to several individual and systemic failures in the deadly crash. In addition to the driver’s impairment, the report also blamed Massachusetts for permitting the driver to continue driving, despite a lengthy history of serious traffic violations. The NTSB chairman stated that a series of avoidable failures contributed to the incident.

The Chairman stated that the collision was a preventable event that involved multiple contributing factors such as driver impairment, employer negligence, and DMV recordkeeping failure. Accident reconstructionists found that the driver, whose license was suspended in Connecticut, most likely drifted lanes due to his impairment. Moreover, the NTSB points to the driver’s employer, finding that they failed to conduct a federally-mandated background check on him. Further, an investigation revealed that the company routinely altered driver logs. Finally, court documents establish that the Massachusetts RMV failed to process a notice Connecticut sent indicating that the state suspended the pickup truck driver’s license.

Motorcycles are inherently dangerous mechanisms that provide operators and passengers with little protection during an accident. New Hampshire motorcycle passengers who suffer injuries in a motorcycle accident may have a claim for damages against the at-fault party. The at-fault party may include another driver, the motorcycle operator, or the manufacturing of any defective equipment that contributed to the accident. The outcome of these cases depends on the unique circumstances that led to the accident. These cases require a detailed and comprehensive understanding of complex New Hampshire personal injury laws. It is essential that accident victims consult with an attorney to determine their rights and remedies.

In cases where the motorcycle was the only vehicle involved in a collision, the victim’s claim will likely be against the motorcycle driver. The victim must be able to establish liability and damages. These cases usually stem from the motorcycle operator negligently colliding into something or the motorcycle crashing because of defective equipment. Typically cases involving a motorcycle crashing into a static object involve some element of negligence. For example, New Hampshire news reports recently described a tragic motorcycle accident. Police stated that when they arrived at the scene, they found that a motorcycle had collided with an empty, parked car. Emergency responders transported the motorcycle driver to a local hospital; however, the passenger died at the accident scene. Law enforcement is urging the public to come forward with any information regarding the incident.

Passengers involved in a two-vehicle accident may file a claim against the other vehicle’s driver and the motorcyclist. It is important that victims understand that an accident can occur even when there is no impact between the two vehicles. For instance, if, for example, a car dangerously cuts off a motorcycle during heavy traffic and causes the bike to wipe out, the driver of the car may be liable to the bike’s operator and passenger for any injuries they experience.

Motorcycling is a popular and therapeutic activity for many people across the United States. Unfortunately, bikers are often portrayed as aggressive and unsafe motorists. However, many will attest to the importance of operating their bikes safely. New Hampshire motorcyclists who suffer injuries in an accident frequently face an uphill battle trying to recover damages. In combination with compelling arguments, these cases require an in-depth understanding of complex statutory and procedural rules.

According to the New Hampshire Department of Transportation and Centers for Disease Control, motorcyclists are over 25 times more likely to suffer a fatal injury than a car occupant. There are many causes for New Hampshire motorcycle accidents; however, a significant number of these occur because of a negligent car or truck driver. Motorists often fail to check their mirrors before switching lanes or exiting a highway. These failures put motorcyclists in a vulnerable and life-threatening position.

For example, recent news reports described the tragic death of a New Hampshire motorcyclist. An initial investigation revealed that a Prius driver was attempting to make a left turn in front of the motorcyclist approaching from the other direction. The woman slammed into the motorcyclist, causing him to suffer serious injuries. Bystanders attempted to render aid while awaiting emergency personnel; however, sadly, the biker later died from his injuries. Police indicated that the biker was wearing a helmet at the time of the incident.

Many parties may be responsible for a victim’s injuries and damages after a New Hampshire trucking accident. Injury victims often seek compensation through an insurance company or a personal injury lawsuit. Accidents involving trucks are complicated because injuries are usually more severe, and there is typically more than one responsible party. These accidents are more complex than collisions involving two cars and require an in-depth investigation.

In cases involving two vehicles, injury victims can pursue a claim against the driver, the car owner, or the driver’s employer if they were operating the vehicle as part of their employment. After a trucking accident, the victim may file a claim against the negligent truck driver, their employer, the trucking company, or the truck’s manufacturer. A driver may be directly responsible for their negligent actions, such as speeding, impairment, or distraction. A driver’s employer may be liable under vicarious liability or their direct negligence. Similarly, a truck’s manufacturer may be responsible for a truck’s defects that contributed to the accident.

Vicarious liability is a theory that holds employers responsible for their employees’ actions. Vicarious liability is only applicable if a plaintiff can establish certain elements that prove that the negligent driver was an employee acting within their employment scope when the accident occurred. Trucking companies often find loopholes to avoid potential liability by classifying their workers as independent contractors instead of employees. Further, there are many affirmative defenses that truck companies purport to avoid liability. However, vicarious liability claims against a trucking company can significantly impact a victim’s recovery because most companies maintain sizeable commercial insurance policies.

Attorneys play a vital role during New Hampshire personal injury lawsuits. Civil litigators, ordinarily known as personal injury attorneys, represent clients who have suffered injuries because of another’s negligence or carelessness. These attorneys handle New Hampshire claims stemming from catastrophic accidents, slip-and-falls, medical malpractice, nursing home negligence, and other incidents that result in economic and non-economic damages. In many instances, personal injury cases are complex and require a thorough understanding of nuanced tort law. Personal injury attorneys provide critical assistance to those individuals seeking compensation for their injuries.

The professional rules of conduct provide attorneys with ethical rules they must abide by in representing their clients. These rules serve as a foundation to ensure that the attorneys provide their clients with the best possible representation. Additionally, these rules shape an attorney’s role and define their obligations. The most important rule is that attorneys must maintain a commitment to protect their client’s interests.

Commitment to a client includes taking steps to interview the client, reviewing records, interviewing witnesses, investigating the scene of the accident, reviewing applicable rules of law, and representing the client in settlement negotiations and potential litigation. In some cases, especially those involving multiple parties, settlement negotiations and litigation can become a long and drawn-out process. Dedicated attorneys can provide clients with assistance throughout every step of the process.

The Centers for Disease Control (CDC) reports that motorcycles accidents continue to rise throughout the country and in New Hampshire. Naturally, a rise in motorcyclists on the road has resulted in an increased rate of motorcycle accidents. Under New Hampshire law, motorcyclists who cause injuries to other motorists, passengers, or pedestrians, along with those who cause injuries to motorcyclists may be held liable for their negligence. Negligent parties may be responsible for injury victims’ medical bills, lost wages and benefits, property damage, and ongoing pain and suffering.

Cars and trucks are typically equipped with airbags, seat belts, and other safety features, but motorcycles do not have all of these safety features. The lack of protective features often causes motorcyclists to suffer serious injuries or death after an accident. CDC data reveals that statistics show that motorcyclists tend to sustain injuries to their legs, head, upper torso, and arms, despite using approved helmets and thick leather clothing. These injuries often coincide with traumatic brain injuries, concussions, and spinal cord injuries. Even with prompt treatment and aggressive therapy, many motorcyclists face life-long debilitating conditions that may impact their ability to work or maintain relationships.

Further, because of the nature of these accidents, police often encounter challenges when trying to recreate the scene of the accident and determine liability. In many cases, motorcycles and their riders are thrown into a position that makes it challenging to determine what caused the accident. Additionally, there is often a bias toward motorcyclists that can impact insurance payouts. However, a person’s choice of a vehicle does not reduce another person’s standard of care towards them, nor does it reduce a biker’s right to compensation.

New Hampshire motorcyclists are at a heightened risk of being involved and suffering serious injuries in an accident. According to the New Hampshire Department of Transportation, there are over 1,000 motorcycle accidents every year. Additionally, research by the National Highway Traffic Safety Administration suggests that motorcyclists are over 25 times more likely to die in an accident than car drivers or occupants. These startling statistics exemplify the serious consequences of a motorcycle accident.

For example, recently, a New Hampshire news report described a deadly motorcycle accident involving a delivery truck. According to police, a UPS truck driver was leaving a driveway when a motorcycle lost control of his bike and slammed into the truck. The motorcyclist did not suffer serious injuries, but his passenger died. Police are still conducting an investigation, but preliminary evidence suggests that speed may have been a contributing factor.

Although some motorcycle accidents involve a negligent biker, more collisions are the result of the other driver’s negligence. These accidents can result in severe injuries to motorcyclists. In fact, after an accident, many bikers suffer traumatic brain injuries, bone fractures, spinal cord injuries, neck injuries, and lacerations. Although New Hampshire law allows injured bikers to file claims against negligent parties, these motorcyclists often face difficulties when trying to recover.

A local news outlet recently reported on important updates in the tragic New Hampshire truck accident that took the lives of seven motorcyclists. Last June, a truck driver crossed into a double yellow line and killed seven motorcyclists. The man admitted that he was reaching for a drink when he swerved into the other lane. Further, police reports indicate that the man appeared impaired at the time of the accident, and an investigation revealed that the man had narcotics or amphetamines in his system at the time of the collision. Despite a lengthy and disturbing unsafe driving history, police permitted the man to leave the scene of the accident. However, he was arrested several days later in Massachusetts.

In addition to criminal charges, the man and his employer are facing several civil lawsuits. One of the survivors filed a complaint seeking monetary compensation for his personal injuries, including pain and suffering, financial losses, and medical expenses. The man’s wife is also seeking loss of consortium damages. New Hampshire allows loss of consortium claims by a spouse or family member of a person who has suffered serious injuries or death because of a defendant’s negligence. The claim is based on the idea that because of the defendant’s conduct, the injury victim cannot provide their family member or spouse with the same companionship, comfort, or sexual relations that they could before the accident. Typically, judges and juries only award these damages if the person injured suffers a permanent or long-lasting and severe injury.

Additionally, the truck driver’s employer is facing negligence charges because the truck driver was operating as an employee when the accident occurred. The plaintiffs contended that the truck driver’s employer should be responsible because they negligently hired the driver despite his many arrests and license suspensions. A judge denied the company’s request to dismiss the lawsuit.

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.

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