Negligence

While the situations in which car accidents occur are nearly endless, the main cause of car accidents is negligence. All licensed New Hampshire drivers have a duty to operate their vehicles in a safe and reasonable manner at all times. Frequently, however, a driver will breach the duty by driving unsafely and will cause an accident. If you suffered harm due to an accident caused by someone else’s negligence, you may be able to recover compensation. It is in your best interest to consult a New Hampshire car accident lawyer who is proficient in helping injured people seek damages. At Peter Thompson and Associates, our attorneys have over 60 years of total experience helping injured New Hampshire residents show that another party should be held liable for their damages. Our knowledgeable attorneys will work tirelessly to help you seek a favorable outcome.

In New Hampshire, negligence is comprised of several elements, and it is essential to prove each element to recover compensation for damages suffered in a car accident. Initially, you must show that the other driver owed you a duty of care. In most car accident cases, the duty owed is the duty to drive safely and reasonably under the conditions present when the accident occurred.

You must then show that the other driver breached the duty. There are numerous ways in which drivers breach the duty to operate a vehicle in a safe and reasonable manner. Common examples of a breach of duty are speeding, texting while driving, or driving while impaired due to the consumption of drugs or alcohol. Once you prove that the other driver breached a duty owed to you, you must show that the breach proximately caused the accident. Proximate cause exists when a breach is both the cause in fact of an accident, meaning that the accident would not have occurred without the breach, and the legal cause of the accident, which means that even if other causes exist, the accident would not have happened without the breach.

Finally, you must show that the accident caused the harm that you suffered. Documentary evidence and eyewitness accounts of the circumstances surrounding your accident are essential to proving negligence. A skillful car accident attorney can gather facts through discovery that will substantiate your argument that the other driver’s negligence caused the accident, and thus they should be held responsible for your damages.

Often, multiple forces combine to cause a car accident. In many car accident cases, the defendant driver may attempt to argue that it was not his or her negligence but instead the negligence of the plaintiff that caused the accident to occur. Even if a plaintiff is found to have been negligent, however, that does not necessarily mean that he or she will not be awarded damages. New Hampshire uses a modified comparative negligence standard, which means that as long as the negligence of the plaintiff is not greater than 50%, the plaintiff may still be able to recover compensation. If the plaintiff is found to have been negligent, however, his or her recovery will be reduced by the percentage of fault attributed to him or her.

If you were involved in a car accident caused by another person’s negligence, you may be able to recover damages for any costs that you incurred due to the accident. Damages that may be recoverable include the cost to repair any damaged property and the costs of medical treatment for any injuries suffered because of the accident. If you were unable to work due to your injuries, you can seek damages for lost wages as well. In addition to damages for costs accrued, injured people often seek damages for the pain and suffering that resulted from their injuries.

If you sustained harm because of a car accident caused by the negligence of another driver, the other driver may be liable for your damages. At Peter Thompson and Associates, our injury lawyers will work tirelessly to help you formulate a case that will give you a good chance of a successful legal result under the circumstances. We have the skills and experience to assist you in your pursuit of damages. Our diligent advocacy has helped us maintain a high rate of success and a record of favorable outcomes. We have offices in Bedford, Nashua, Portsmouth, and Manchester, and we represent accident victims across New Hampshire. Contact us at 800.804.2004 or use our online form to schedule a free consultation.