New Hampshire Injury Lawyer Blog

When an accident occurs, injured victims may seek to hold the person responsible for the harm they suffered. The victim often needs to make a strategic choice about whom to sue. The proper defendants to sue will often depend on who is at fault for the accident. For example, after a car accident, a plaintiff may sue the driver or the owner of the property on which the accident occurred.

According to a recent news report, a student at the University of New Hampshire was hit by a car in Durham, New Hampshire. The driver, also a University of New Hampshire student, struck the victim as he attempted to cross the street. After suffering serious injuries, the victim received treatment at a nearby hospital before a medical helicopter transported him to another hospital for further assistance. The driver, who remained at the scene and cooperated with police, was unharmed. According to police, the driver was not speeding or driving under the influence at the time of the accident. The article does not specify whether the accident occurred on the University of New Hampshire’s campus. If so, the accident would raise questions about the ability of a plaintiff to sue a university for their injuries in New Hampshire.

Can You Sue a University for On-Campus Injuries?

A person who suffers injuries on a college campus, or any other property, may file a lawsuit against the university for premises liability. This type of negligence lawsuit holds property owners responsible for injuries that occurred on their property. The most common example of premises liability arises when a customer suffers injuries at a store or other business. However, a university may also be liable for an on-campus car accident if it fails to give adequate protections to a pedestrian who is struck by a vehicle. Examples may include a failure to provide crosswalks, traffic lights, or any warning to drivers that they are about to enter a pedestrian crossing. On the other hand, if the accident occurred off-campus, the university will likely escape premises liability, even if the victim and the responsible party are both university students. Premises liability seeks to hold property owners accountable for unsafe conditions on their premises, so an accident that occurs elsewhere would not implicate the university.

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Driving Under the Influence (DUI), also known as Driving While Intoxicated (DWI), can lead to serious bodily injury or even death. These senseless accidents are especially tragic because they are often preventable. If a driver simply refrained from operating a motor vehicle while intoxicated, the accident may have never occurred. Due to the reckless nature of these accidents, intoxicated drivers who cause bodily harm often face both criminal and civil responsibility for their actions.

Recently, a news article reported that an intoxicated driver is facing criminal charges after an accident in Unity, New Hampshire. After receiving a call about a car accident, state troopers arrived at the scene and found that a vehicle had crashed into a tree. The driver had fled. A police investigation revealed that immediately before the crash, the driver had passed another vehicle on a double yellow line, causing the vehicle to crash. Later, police found the driver, who refused to cooperate with the investigation, and determined he was under the influence. He now faces charges of driving while intoxicated, conduct after an accident, reckless operation of his vehicle, and disobeying an officer.

What are the Penalties for Driving While Intoxicated in New Hampshire?

In New Hampshire, a person who drives under the influence and causes an accident resulting in serious bodily harm is guilty of an aggravated DWI. If convicted, the person will face a minimum of $750 in fines and a mandatory minimum sentence of 17 days in a county prison. Upon release from prison, the person must undergo a substance use disorder evaluation and comply with the resulting service plan to treat the person’s substance abuse. The fact that drivers may face criminal fines for a DWI does not preclude injured victims from suing drivers for the harm they suffered. In addition to criminal charges, an injured plaintiff can bring a negligence lawsuit against the driver in civil court.

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Head-on collisions happen when two drivers crash after traveling in opposite directions. The sheer force of a head-on collision often leads to severe injury, property damage, or even death. Due to the dangers of a head-on collision, drivers should take extra safety precautions to avoid a serious accident.

For example, as a recent news article reported, a woman died in a head-on collision in Ossipee, New Hampshire. A vehicle was traveling northbound on the highway when it crossed the dividing line, colliding head-on with a vehicle traveling southbound. The woman driving the southbound vehicle died at the scene. The northbound driver was transported to the hospital for his injuries.

Can You Sue for Wrongful Death After a Head-On Collision?

New Hampshire allows wrongful death suits by a party with an interest in the deceased’s estate. This group often includes the deceased’s family. Under New Hampshire law, a deceased victim’s loved ones can seek compensation for medical and funeral experiences, the victim’s lost earnings, and pain and suffering. A deceased victim’s spouse can also seek damages arising from the loss of the victim’s companionship. To prevail on a wrongful death claim, the plaintiff must prove that the defendant owed a duty of care to the deceased, breached that duty through their action or failure to act, that the breach caused the accident, and that the victim suffered harm as a result.

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Motorized mobility scooters can help people who need them to get around. While this technology can lead to a greater ability to travel, it also carries several potential dangers. Scooter riders face the risk of an accident with drivers, cyclists, and pedestrians alike. Scooters also lack the same protections as other vehicles in the event of an accident, such as airbags or seatbelts. As a result, anyone who shares the road with a motorized scooter rider must stay vigilant to avoid a serious crash.

According to a recent news article, a woman in a motorized mobility scooter was struck by a vehicle in Rochester, New Hampshire. Sadly, she died from her injuries at the scene. Local police are still investigating the cause of the accident.

Riding a scooter can be especially dangerous because riders often lack clear parameters for where they should be riding their scooters. New Hampshire law forbids drivers to cross a barrier unless they must pass someone who is operating a mobility or foot-scooter. However, there are few established rules of the road for scooter riders themselves. As a result, scooter riders may be unsure whether to operate their scooters in driving lanes, bike lanes, or on sidewalks. When an area lacks bike lanes, scooter riders may see no other option but to ride in a vehicle lane. As a result, a scooter rider may collide with a car, bike, or pedestrian. Even if riders can operate their scooters in a bike lane, they may collide with a cyclist, or a careless driver could veer into the bike lane and clip their scooter. Unfortunately, these collisions may result in serious injury or death.

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The winter weather in the Northeast, and the wet or icy roads that accompany it, put many Granite Staters at risk during each holiday season. Drivers are often on a schedule to see family for holiday celebrations, and the increased traffic and stress involved can result in dangerous situations. Earlier this month, a semi-truck driver lost control of his vehicle and veered into oncoming traffic, causing a multi-vehicle collision that left one person dead.

According to a local news report discussing the tragic crash, a Massachusetts man driving a semi-truck earlier this month was traveling southbound on Route 16 near Dover. The truck driver appeared to lose control of his vehicle, causing it to leave the roadway and enter the northbound lanes. The truck then collided with two smaller sedans, while another other vehicle left the road and crashed into guardrails to avoid colliding with the out-of-control semi. The driver of an Acura vehicle that was the first to be hit by the semi was pronounced dead at the scene, with other drivers reportedly injured in the crash.

Determining financial liability for multi-vehicle accidents in New Hampshire can be difficult, as some injuries and damage can result from incidents that are only tangentially related to an initial act of negligence. If a driver decides to leave the roadway and crash into a guardrail to avoid a more dangerous collision up ahead, they may or may not be entitled to compensation under New Hampshire law. New Hampshire courts follow a rule for determining negligence in such cases, commonly referred to as “the 51% rule.” Under this rule. Any driver who is a party to an accident can recover damages from other negligent drivers, so long as the recovering driver is less than 50% responsible for the accident. If a driver negligently attempts to avoid another accident and crashes, they may be entitled to recover from the party causing the initial accident if they can make this case to the courts.

Rollover accidents can be some of the most dangerous and deadly incidents on New Hampshire roads. When vehicle occupants are not using their seatbelts and a rollover occurs, they are often ejected from the vehicle, which greatly increases the likelihood of serious injury or death. High-clearance SUVs and trucks are even more likely to be involved in a rollover accident because of their high center of gravity. Late last month, an SUV lost control and rolled over near a Portsmouth intersection, ejecting several occupants and leaving at least one woman dead.

According to a local news report discussing the tragic accident, a Porsche SUV with at least 6 occupants was approaching a roundabout intersection in Portsmouth at about 1:45 AM on November 24th. The vehicle was traveling at a high rate of speed and the driver lost control of the vehicle, and it began to roll. According to investigators, the vehicle rolled several times off the roadway, and several passengers were ejected in the process. Emergency crews arrived at the scene and transported six injured occupants to nearby hospitals. One 21-year-old female passenger died from the crash later that morning. The article notes that investigators believe that impairment and speed both played a role in the crash.

Drunk driving continues to be one of the biggest threats to the safety of New Hampshire drivers. Drunk drivers not only put themselves and other drivers at risk but their passengers as well. Consuming alcohol impairs decision-making, judgment, as well as driving ability. Drunk drivers commonly drive too fast to safely maintain control of their vehicle, and cause an accident as a result. Passengers (or their families) who are injured or killed in an accident caused by a New Hampshire drunk driver may be entitled to compensation from the drunk driver or their auto insurance company. Most New Hampshire drivers have bodily injury liability insurance coverage on their vehicles, which covers injuries or death to passengers in their vehicle in the event of an accident. Although New Hampshire does not require auto insurance coverage, uninsured drivers can still be held accountable by taking action against them personally.

For many reasons, highway accidents can turn into major inconveniences for those involved. The repercussions can be minor or major, but they are always disruptive for drivers, passengers, and pedestrians in the vicinity of a collision.

Over the week of Thanksgiving, a highway accident in New Hampshire altered dozens of travelers’ plans. According to a local news report, a truck on the highway crashed into a smaller car just past one of the exit’s on-ramps. The driver of the car was injured, and when first responders arrived at the scene, they immediately took him to the hospital to be treated. To allow investigators to look into exactly what had happened, authorities closed several lanes of the highway for approximately half an hour, causing a backup on what is already a busy travel week. The accident happened in the middle of the afternoon, and so far, no foul play or alcohol use has been suspected.

As the holidays approach, keeping an eye on the state of the highways will be important in maintaining a sense of road safety. Especially as many travelers continue to show hesitancy about airplane travel due to the lingering effects of COVID-19, families will be driving to each other’s homes in order to be together. As traffic ramps up, especially in December and January, driving safely and carefully will be more important than ever.

Car accidents can be especially difficult to process when the victim is a passenger. When the driver is involved in a car accident, injured passengers suffer the same consequences despite lacking control of the vehicle. Whether passengers suffer injuries from a single-vehicle accident or a multi-vehicle collision, they may bring a negligence claim to recover damages. In the tragic event that a passenger accident becomes fatal, a victim’s family may decide to hold the responsible party accountable for their actions.

As a recent news article reported, a Portsmouth, New Hampshire car accident left one passenger dead. The deceased was riding as a passenger in a car when it suddenly rolled over. As the driver was approaching a traffic circle, he veered off the roadway and into a lane divider, causing the vehicle to crash into the median. The vehicle then rolled over several times, throwing multiple passengers as a result. The deceased, the driver, and the other four passengers were hospitalized for their injuries. Although local authorities are still investigating the crash, they cite excessive speed and impairment as potential factors.

How Can Victims Recover Compensation in a New Hampshire Passenger Accident?

A victim of a New Hampshire passenger accident can bring a negligence claim for monetary damages. To bring a successful negligence action, plaintiffs must show the defendants owed them a duty of care, breached that duty, that the breach caused the plaintiff’s injuries, and that the plaintiff suffered harm as a result. In New Hampshire, accident victims can typically seek damages for their physical injuries, property damage to their vehicle, medical expenses, and emotional distress.

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