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Proving Fault

Proving Fault in New Hampshire

New Hampshire Car Accident Lawyers

New Hampshire is a "fault" state, which means that at-fault motorists may be held liable for the injuries and damages they cause. Therefore, victims of negligent drivers must prove who was responsible for the accident in order to pursue compensation for their losses. This process is not always easy and often requires the guidance and counsel of a skilled New Hampshire injury attorney.

Examples of Driver Negligence

There are many car accidents caused by negligence in New Hampshire. Drivers who are determined to have caused an accident by driving under the influence, speeding, driving distracted or in a reckless manner may be held accountable for their actions. Drivers who fail to yield the right-of-way, fail to obey traffic control devices and who fail to look before entering traffic or make an unsafe or illegal turn may also be held civilly liable. Proving negligence can be a complicated process. Having a basic understanding of the most common traffic violations can help a victim prove the other motorist was responsible for the accident.

New Hampshire Driving Laws

The following are some of the most common traffic violations in New Hampshire that have the potential to result in a serious injury car accident:

  • Drunk driving: Under Section 265-A:2: "No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV: (a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs; or (b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more."
  • Speeding: Under Section 265:60: "No person shall drive a vehicle on a way at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing."
  • Reckless driving: Drivers guilty of violating Section 265:79 by driving recklessly may be held liable for the injuries they cause.
  • Running a red light: Section 265:9 of New Hampshire law states: "The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto placed as provided by law." Drivers who run a red light or a stop sign may be held responsible for the resulting injuries, damages and losses.

Proving Liability

It is important to remember that a driver does not have to be cited or arrested by the police to be held liable for the injuries caused. By filing a personal injury claim, an injured victim may pursue compensation for medical bills, hospitalization, cost of surgery, rehabilitation, pain and suffering and emotional distress.

The knowledgeable NH car accident lawyers at Tenn And Tenn, P.A. know how to determine fault and prove liability for an accident. We fight hard to protect the rights of our injured clients and their families. If you or a loved one has been injured in a New Hampshire car accident, please call our offices today on our Toll Free Helpline at (888) 332-5855 for a telephone consultation and comprehensive case evaluation.

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