New Hampshire Injury Lawyer Blog

New Hampshire Construction Site Accidents

Published on: January 20, 2021 | By Peter Thompson & Associates

Individuals who suffer injuries at a construction site may be able to recover compensation for their damages. Depending on the accident’s circumstances, New Hampshire construction site plaintiffs may file negligence, defective product, or wrongful death claim. Construction accidents often involve the interplay of various statutes. It is essential that injury victims or their loved ones contact an experienced personal injury attorney to discuss their rights and remedies.

The United States Department of Labor created the Occupational Safety and Health Administration (OSHA) to ensure safe working conditions by developing and enforcing standards, training, education, and assistance. Although the law requires construction site managers to abide by OSHA regulations, the rules and regulations are ignored in many situations. Dismissing these crucial standards can lead to serious safety concerns and injuries for those walking or driving near the construction site.

The most common types of New Hampshire construction site accidents involve slip and falls, structural collapses, toxic material spills, electrical shocks, explosions, equipment accidents, vehicle collisions, and crane accidents. Unlike construction site workers who have experience handling defective equipment or dangerous conditions and are equipped with safety gear, those passing by construction sites are at a heightened risk for serious injuries.

New Hampshire Drivers Can Be Liable for Failing to Clear Snow Off of Their Car

Published on: January 13, 2021 | By Peter Thompson & Associates

New Hampshire is no stranger to heavy snowfall and storms in the winter, often leaving behind inches, if not feet, of snow. Whenever snowfall is particularly abundant, drivers also face various challenges while on the road. In addition to icy conditions, poor visibility, and slippery streets, snow often also accumulates on cars. Although not every state experiences the same level of snowfall and ice during winter that New Hampshire does, leaving accumulated snow on cars could leave other drivers prone to serious injuries or dangers on the road should the ice fly off your car while traveling. Thus, New Hampshire drivers also have to pay attention to snow that has accumulated on their cars before heading out on New Hampshire roads, or they may face charges or be fined.

According to a recent New Hampshire news report, a chunk of ice flew off a box truck and slammed into another driver’s windshield. The driver suffered significant injuries and had to undergo several surgeries to remove pieces of glass from both of his eyes. The box truck driver failed to remove ice and snow from his vehicle before getting on the road, which led to the accident. Following the accident, the truck driver will face several charges, including vehicular assault, reckless conduct, and negligent driving.

In New Hampshire, Jessica’s Law requires all drivers to remove all snow and ice from their vehicles before driving on the road. The law was enacted after a sheet of ice flew off a truck and hit another one, which resulted in a head-on collision that killed a young woman named Jessica Smith. In addition to New Hampshire, there are currently only three other states that have this law or a similar one enacted to protect drivers during icy conditions.

Recovering from a New Hampshire Hit and Run Accident

Published on: January 6, 2021 | By Peter Thompson & Associates

Any time a car accident happens, at a minimum it’s an inevitable headache for everyone involved. When a hit and run takes place, however, it can be even more frustrating. When a driver flees the scene after an accident, there are no guarantees the damage you have sustained to your vehicle or to you physically will be covered. Sometimes, however, local authorities can be especially helpful following these collisions by conducting thorough investigations to locate the responsible party. Thus, it is imperative to report New Hampshire hit and run accidents.

In a recent news report, a local woman faces drunk driving charges after a hit and run accident because local authorities successfully identified her after a hit and run accident. Local authorities were sent to the scene to find the woman after she was found slumped over and intoxicated in a parked vehicle. After a witness woke her up, the woman backed her vehicle into another car before driving up the street. Police located the woman at her home, and her car appeared to have damage on the rear and front license plates. The woman denied drinking but was clearly intoxicated, and the only other person home denied driving as well. Further investigation revealed that she had hit an additional vehicle earlier in the night in a separate hit and run accident. The woman refused a sobriety test and was subsequently arrested with a DWI, making it her third drunk driving conviction in the last seven years.

If you have been involved in a hit and run accident, it is crucial you take immediate action. Because these collisions could happen either when you’re in the vehicle or when your car is parked and you’re away, you must know what next steps to take.

Avoiding New Hampshire Drunk Driving Accidents on New Year’s Eve

Published on: December 24, 2020 | By Peter Thompson & Associates

Even though the holidays may look different this year, individuals continue to find ways to mark their accomplishments, celebrate holidays and the year’s end. Many of these celebrations, even “drive-by” celebrations, include merriment and, unfortunately, alcohol. It is imperative this year, as people are reluctant to hire car shares and taxis, that individuals take steps to ensure that they engage in safe driving to avoid a New Hampshire drunk driving accident.

The Centers for Disease Control (CDC) reports that nearly 400 people die in New Hampshire drunk driving accidents every year. Despite, sobriety checkpoints, ignition interlock laws, and license suspensions, individuals continue to take life-threatening risks by driving while impaired. Recent statistics from the Division of Motor Vehicles revealed that nearly 8,000 accidents were related to alcohol. The average blood alcohol concentration (BAC) of the impaired drivers was almost twice the legal limit. These accidents do not only result in serious harm to drivers and passengers, but more pedestrians die on New Year’s Day between 1 and 3 am, than any other day of the year.

Party goers should plan in advance to avoid drunk driving on New Year’s Eve. Even though law enforcement may abound to conduct sobriety checkpoints, accidents can occur at any moment. The circumstances surrounding this year may require people to plan for safe transportation in advance. Other years people could rely on rideshare companies, but many people are fearful of being in closed spaces with strangers for any duration. However, people should understand that getting behind the wheel while impaired or if the driver is impaired can cause a fatal accident.

Protecting Yourself From New Hampshire Truck Accidents

Published on: December 17, 2020 | By Peter Thompson & Associates

In light of COVID-19 and social distancing requirements, many people have picked up new hobbies to keep themselves busy. Some of these hobbies involve being outdoors more often, especially as indoor restrictions continue across the country. With more people out walking, biking, running, and road-tripping instead of flying, New Hampshire car accidents are occurring more than ever. Some of the most dangerous accidents, however, involve large trucks and pedestrians.

According to a recent news report, a severe accident took place involving bicyclists being struck by a large truck from behind. Twenty cyclists were taking their annual 130-mile ride when, 40 miles in, a box truck crashed into the group from behind. Following the accident, five cyclists were pronounced dead, and four were injured. According to local authorities investigating the accident, the truck crashed into the cyclists, then crashed into another vehicle that was accompanying the cyclists. The truck then plowed into a separate group of cyclists that was ahead of the vehicle. Investigators have cited the crash as one of the most devastating they’ve seen.

After a truck or vehicle accident in New Hampshire or anywhere else, it may be time to consider your legal options—especially if you have suffered serious injury or the death of a loved one. Although bringing a claim against the at-fault party may be the furthest thing from your mind as you recover, time is of the essence. Accident victims must bring a New Hampshire car accident case within three years. In almost all cases, the statute of limitations begins counting from the day of the accident.

Bringing a New Hampshire Wrongful Death Claim After a Fatal Bike Accident

Published on: December 10, 2020 | By Peter Thompson & Associates

With social distancing measures in place, group play dates are less common than ever. This means that our kids are looking for other opportunities to stay engaged and active, and many have taken to heading outdoors on bikes, walks, or playgrounds. However, more kids out and about in the neighborhood means that New Hampshire drivers on the road need to exercise extra caution. Watching for pedestrians and bicyclists, especially as the days grow shorter, is crucial for ensuring everyone’s safety.

According to a local news report, a four-year-old boy was recently killed after being hit by a car. The child was on his bicycle in an alley when a truck driver attempted to make a right turn into the alley and hit him. Police were on the scene shortly after the collision occurred, and found the boy lying in the alley, unconscious and not breathing. Following an investigation, law enforcement found that the vehicle that struck the child was parked nearby with a single occupant inside. The circumstances surrounding the tragic accident are still under investigation, and no charges have been filed.

Like other states, New Hampshire laws allow for parties injured in bike accidents to seek compensation for their injuries. Although bicycle accidents are less common than vehicle accidents or collisions, the same legal principles apply to these collisions. For example, bike accidents can be caused by negligent or reckless drivers just like a typical car accident, and bicyclists have the same rights as motorists and pedestrians.

What is Dram Shop Liability in New Hampshire?

Published on: December 3, 2020 | By Peter Thompson & Associates

We’ve all seen it—a person who is overly intoxicated at the bar and ends up getting kicked or escorted out by the establishment’s security or staff. Although most wouldn’t give a second thought to what happens to that person after they’re kicked out of an establishment, there are legal implications of an establishment’s over-serving of customers. If the bar had chosen to serve the person while they were visibly intoxicated and unable to respond, the bar could be facing liability if the person subsequently left the establishment and got into a New Hampshire car accident where he hurt himself or others.

According to a recent news report, an accident involving driving under the influence left a woman dead. Based on the investigation, a man was driving his Volkswagen when the car veered off the road and crashed into some rocks and greenery nearby. His passenger died after being thrown approximately 10 to 15 feet from his car after he drove off the side of the road. Local law enforcement reported that the man initially told the police that he was the passenger of the Volkswagen, rather than the driver, and that the woman had been driving. Law enforcement reported that he was slurring his words and later admitted that he was driving after officers demanded the truth. The driver also admitted that he was operating the vehicle without a valid license, had consumed significant amounts of alcohol, and also added that he and the woman had been drinking and that she attempted to grab the steering wheel to regain control when their car began to slide off the road.

New Hampshire, like other states, has unique “dram shop” laws, where a bar or establishment that sells alcohol can be held responsible for over-serving an individual who ends up being a drunk driver and causing injuries. Dram shop laws in New Hampshire specifically state that bars or other establishments that negligently serve alcohol to minors or intoxicated people are liable for any resulting damages to a third party.

The Critical Role of Personal Injury Attorneys During New Hampshire Accident Lawsuits

Published on: November 25, 2020 | By Peter Thompson & Associates

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.

Court Addresses Validity of Liability Waiver in New Hampshire Premises Liability Case

Published on: November 24, 2020 | By Peter Thompson & Associates

Recently, a court issued an opinion stemming from an accident a woman suffered at a New Hampshire gym. The woman filed a negligence claim against the gym, and in response, the fitness center moved to dismiss the case. According to the court’s opinion, the woman entered into a membership agreement (the agreement) with the gym. The agreement included a release of liability, which stated that the fitness center would not be liable for any injury resulting from its negligence or due to the negligence of anyone acting on the center’s behalf.

The case arose when the woman was exercising at the gym and walked towards a trash can to throw away a used towel. The woman tripped on uneven flooring, hitting an uncovered bolt from a chain-link fence. The woman broke her wrist and suffered a gash on her right arm. In response to the lawsuit, the gym argued that the agreement barred the plaintiff’s claim. On appeal, the plaintiff argued that the release violates public policy. In the alternative, she claimed that a reasonable person would not understand the agreement to protect the gym from liability for the type of injuries she suffered.

Under New Hampshire law, exculpatory releases or liability of waivers are generally prohibited unless they are not contrary to public policy, and the release is specific and clear. Courts typically find releases to violate public policy if it interferes with public welfare or safety. Further, a policy may be invalid if there is apparent unfair bargaining power between the parties. Generally, exculpatory waivers in the recreational contexts are not invalid because recreation is not a “necessity.”

New Hampshire Toll Booth Accidents

Published on: November 10, 2020 | By Peter Thompson & Associates

Nine toll plazas in New Hampshire require a fee to cross at a bridge or toll road. Before approaching a toll booth, drivers should stop or reduce their speed. The failure to abide by these safety regulations can result in a serious accident and injuries to the driver, their passengers, other motorists, and toll booth operators. In some instances, toll booth accidents result in minor fender benders with little to no bodily injury or property damage. However, because many motorists are speeding while approaching a toll booth, these accidents often cause serious injuries and damages.

Many variables affect New Hampshire tollbooth accident rates. Some of the factors include the prevalence of mainline barriers, barriers at interchanges, toll collection options, high occupancy lanes, zipper lanes, and slip ramps. These accidents often occur because of speeding, sudden lane changes, and impaired or fatigued motorists. Impaired or fatigued driving accidents are particularly prevalent because of the prevalence of long-haul truck drivers on these routes.

These accidents tend to result in multi-vehicle pileups and serious bodily injury. For instance, a news report recently described an accident involving a collision at a New Hampshire toll booth. A Maine driver was traveling north approaching the toll plaza, when she lost control of her vehicle and slammed into a New Hampshire toll booth. Her vehicle collided with a concrete abutment, sending her vehicle into the air, and into an unoccupied toll booth. Fortunately, the woman suffered only minor injuries.