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.


  • "The team at Tenn And Tenn are hands down the best legal representation I have had the pleasure to work with."
    Justin B.
  • "I could not have been more fortunate to have selected the offices of Tenn & Tenn. 10/5 stars!"
    Davin S.
  • "Had I not hired John Tenn as my attorney, I don't think I would have gotten nearly as much from my settlement as I did."
    Darren S.
Why Choose Tenn And Tenn Let Our Family Help Your Family
  • A Family Firm

    We are a family committed to providing excellent service to our clients.

  • Statewide Service
    We work hard to obtain the best results possible for clients throughout New Hampshire.
  • Trial-Tested Attorneys
    Our lawyers are experienced courtroom advocates who are ready to take your case to trial to obtain justice.
Free Injury Consultations Available Contact Us Today

Whether you have questions or you’re ready to get started, our award-winning legal team is ready to help. Complete our form below or call us at (888) 332-5855.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.