New Hampshire logging accidents can pose complex questions of law. In particular, the issue of causation is not always clear-cut. In a negligence case, a judge or jury often must sort through multiple possible causes of an accident to establish fault.
For example, a recent news article reported that two people suffered injuries in a New Hampshire logging accident. The accident occurred when a driver was riding in the westbound lane on the highway when her car crashed into a tractor-trailer. When the tractor-trailer hit the driver’s car, it was pulling into a logging site. The tractor-trailer driver was unharmed. However, the car’s driver and passenger were transported to the hospital after suffering serious injuries.
How Can You Establish Fault in New Hampshire Logging Accidents?
When a logging accident involves a tractor-trailer and a small car, proving fault for the accident may be complicated. For example, the car may crash into the tractor-trailer, but the tractor-trailer driver may have carelessly parked it near a traffic lane. These issues of fault often arise in negligence lawsuits, where the plaintiff must prove both cause in fact and proximate cause. Cause in fact refers to the actual case of the accident, such as a car striking a tractor-trailer. The proximate cause is the legal cause of an injury. More precisely, if the proximate cause did not occur, the plaintiff’s harm would not have occurred. For example, even if a car crashed into a tractor-trailer, the proximate cause of the driver’s injuries may not be the cause in fact. For example, the proximate cause could stem from the logging site manager’s failure to erect barriers or warning signs for oncoming traffic. To prevail on a negligence claim, the plaintiff must prove both cause-in-fact and proximate cause. Ultimately, recovering damages depends on proving a duty of care, a breach of duty, causation, and harm resulting from the accident.