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How does a Passenger Injury Affect a Lawsuit in New Hampshire?

Posted by Bradford Coates | Aug 08, 2022 | 0 Comments

If you have suffered injuries in a New Hampshire car accident, you will probably incur medical expenses that are the responsibility of other people. These are usually the drivers of one or more of the vehicles involved. As an injured passenger, can you automatically say that the driver is the person liable for your injury, especially for severe ones? Well, it can be a yes and a no.

As personal injury attorneys Nashua — the lawyers at the Coates Law Office, understand how to help you in an NH car accident situation and get the resources you need. 

Car Accident Liability in New Hampshire

When it comes to injuries caused by car crashes, states are either known as “at-fault” or “no-fault.” Although New Hampshire is an “at-fault” or “tort” state, the Granite State's laws may complicate things for a person injured in an accident. New Hampshire is one of a few jurisdictions that does not require drivers to carry proof of insurance. 

Drivers in New Hampshire may get away with not purchasing coverage unless convicted of a DWI or found to be at fault in an earlier accident or another serious charge, such as leaving the scene of the accident. It is important to know that even if a driver does not have insurance, they still have a legal responsibility to compensate others for property damage or bodily injury. 

Modified Comparative Negligence

Although accident liability may seem simple to determine, there is another complicating factor in New Hampshire. Our state uses the doctrine of “modified comparative negligence,” meaning that more than one driver may share fault in an accident. Under this provision, when there is a question about liability, a percentage of determining fault between the parties occurs. 

As a passenger, this may cause you frustration if the driver in your vehicle and another party are trying to get that settled, making things more complicated for you. 

Unlike some events that may cause damage, pain, or suffering — automobile accidents usually do not occur because somebody has evil intentions. Instead, crashes happen because someone makes a mistake or is careless. Road conditions, speed limits, traffic control devices, weather, and other factors may also contribute to an accident. 

With so many variables, if you have suffered from a New Hampshire car accident you need to understand the process for making a claim and have an attorney who can help you find out how another person's liability has made them responsible for your situation.

For example, if you are in a fast-moving vehicle that slips off the road during rain, ice, or snow, an NH car accident attorney at the Coates Law Office can help you build a case to show the driver's actions contributed to their liability. 

A Passenger Injury Affects a Lawsuit

In a fatal car accident NH, law and court cases can show someone's liability. With some injuries, however, the determination may require additional guidance from an attorney. The need to prove negligence within the statute of limitations is very important. 

Hence, an injured passenger may affect the determination of whether the driver should be liable or not.

Liability in car accidents involves a review of negligence. If you are an injured passenger, you must prove that the driver's actions harmed you or led to your need for medical attention. Some questions that your attorney may ask include the following:

  • Did the driver obey the rules of the road?
  • Was the vehicle operating safely, or did you notice concerns, such as low tire pressure?
  • Were you uncomfortable with driving practices that you believed were unsafe?
  • Was the driver texting, drinking, driving too fast, swerving, or driving hazardously?
  • Was a police report filed after the crash?
  • Did you see other witnesses who could provide helpful information?

With these questions answered, it is still difficult to determine whether the driver is really liable or not — reminding you of the doctrine of modified comparative negligence that plays an important role in your case. This is when personal injury attorneys in Nashua can help you settle everything.

Coates Law Office Can Help You

An attorney from the Coates Law Office in Merrimack and Nashua can help you connect important events in a way that proves negligence on the part of the driver or driver did occur. Something as simple as failing to use a turn signal or changing a lane may help determine the cause and who has liability for actions that resulted in your injury.

Call us now and have your lawyer settle your case on who is liable for your injury.

About the Author

Bradford Coates

Practice Areas Personal Injury 100% Education University of Wyoming, College of Law, Laramie, Wyoming J.D. Bar Admission New Hampshire, 2016 Current Employment Position Owner

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Coates Law Office is committed to answering your questions about Car Accidents, Slip and Fall accidents, Medical Malpractice, Wrongful Death, Dog Bite Injuries, and Motorcycle Accident law issues in New Hampshire.

I offer a free consultation and I’ll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

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