The Center for Disease Control (CDC) reports that one of the leading causes of death for New Hampshire children, teens, and young adults are motor vehicle accidents. According to the New Hampshire State Police, the majority of fatal car accidents are the result of impaired driving, distracted driving, and the failure to abide by traffic and safety laws. In a recent study, the Insurance Information Institute (III), found over 10 percent of these accidents were head-on collisions.
Frontal crashes or head-on collisions typically occur when one vehicle was on the wrong side of the road and collides into an oncoming car. These accidents usually happen when a person improperly drives down a one-way road or highway, or if they were driving while under the influence of drugs or alcohol. Head-on collisions often result in severe injuries and damages because of the nature of the impact. Individuals or representatives of those who suffer injuries in a New Hampshire head-on collision may be able to recover for their damages against the at-fault driver.
New Hampshire head-on collision victims who wish to recover for their losses must be able to establish that the other party was negligent. Under New Hampshire’s negligence per se standards, an at-fault party may be liable for violating a statute that was designed to prevent the same type of harm the plaintiff suffered. This theory may be applicable in cases where the at-fault party was texting and driving or failing to keep to the right side of the road. In these instances, proof that the at-fault driver was engaging in these behaviors is sufficient to show negligence. In cases where negligence per se does not apply, the plaintiff must prove that the defendant did not meet the standard of care in operating their vehicle, and the result was injuries to the plaintiff.