New Hampshire’s comparative fault law can significantly impact the outcome of personal injury cases. According to the New Hampshire Department of Health and Human Services (DHHS), “unintentional injuries are the leading cause of death in New Hampshire for those aged 1-44 years of age.” This statistic highlights the importance of understanding fault in personal injury cases.
If you or someone you know has been injured in New Hampshire due to someone else’s negligence, understanding comparative fault is crucial before filing a claim. Given Manchester’s urban landscape and heavy traffic, determining fault can be quite complex. Several factors can make fault determination challenging.
In this article, we’ll dive deep into examples of how comparative negligence applies to different cases.
The Basics of New Hampshire’s Comparative Fault Law
New Hampshire follows a modified comparative negligence rule, specifically the 51 percent bar rule. This means that if an injured party is found to be 50 percent or less at fault for an accident, he or she can recover damages. However, if that person were 51 percent or more at fault, then he or she would be barred from recovering any compensation.
For example, if a motorcyclist involved in an accident is found to be 20 percent at fault, his or her total compensation will be reduced by that amount. Thus, if the damages amount to $100,000, then the motorcyclist would receive $80,000.
New Hampshire’s 51 percent rule can have a significant impact on personal injury cases, especially in cases where liability is not clear-cut. In situations involving multiple contributing factors, the allocation of fault between the parties can make or break a case.
Real-World Application in Manchester: Motorcycle Accident on South Willow Street
Consider a real-world scenario in Manchester: A motorcyclist is riding down South Willow Street when a delivery truck makes an illegal U-turn, causing a collision. At first glance, it seems clear that the truck driver is at fault for breaking traffic laws. However, further investigation reveals that the motorcyclist was traveling slightly above the speed limit at the time of the accident.
In this scenario, the motorcyclist may still recover damages, but the compensation could be reduced if he or she is found partially at fault. If the jury determines that the motorcyclist was 20 percent responsible for the accident due to speeding, his or her total compensation would be reduced by 20 percent. This case underscores how comparative fault law can affect even seemingly straightforward accidents in Manchester.
Comparative Fault in Non-Traffic Personal Injury Cases in Manchester
New Hampshire’s comparative fault law is not limited to motor vehicle accidents; it applies to various types of personal injury cases, such as:
- Slip-and-fall accidents
- Workplace injuries
- Product liability claims
- Recreational accidents
Slip-and-fall accidents
Slip-and-fall accidents are common in Manchester, especially during the winter months. The snow and ice that accumulate on sidewalks and in parking lots can lead to fall incidents. Property owners are obligated to maintain safe premises. However, individuals also have a responsibility to be aware of their surroundings.
One instance is if a person slips on an icy sidewalk in front of a downtown business. When suing the property owner, the owner could argue that the injured person was not paying attention.
The owner could also argue that the injured person was wearing inappropriate footwear for the conditions. If a court finds that the injured person was 30 percent at fault for the accident, his or her compensation will be reduced accordingly. This demonstrates how comparative fault can play a role even in slip and fall cases where liability appears simple to determine.
Workplace injuries
Workplace injuries are another area where New Hampshire’s comparative fault law comes into play.
Manchester has a diverse range of industries, including:
- Manufacturing
- Healthcare
- Education
If an industry employee has been injured due to a machine malfunction but found to have ignored safety protocols, he or she may still be able to recover damages. However, that person’s compensation will be reduced by his or her percentage of fault.
Product liability cases
Product liability cases in Manchester can involve defective products sold by local retailers or national chains.
In product liability cases, the following parties may be held responsible:
- Manufacturers
- Distributors
- Sellers
Comparative fault comes into play if the injured party used the product in an unintended or unsafe manner. For example, imagine a Manchester resident purchasing a ladder from a home improvement store. The ladder collapses while the person is using it, causing serious injuries.
Upon investigation, it was discovered that the ladder was defective. However, the injured party was using the ladder improperly. The person may have used the ladder on uneven ground or without fully extending the legs as per the manufacturer’s instructions.
In this scenario, a court could find the ladder manufacturer liable for the defect. However, the court could assign partial fault to the injured party for not using the product correctly. If the injured party is found to be 25 percent at fault, their compensation would be reduced accordingly.
Recreational accidents
Manchester’s recreational areas can lead to personal injury cases. The Derryfield Country Club and McIntyre Ski Area are popular entertainment spots in the city. Activities such as skiing or snowboarding carry the risk of accidents, and determining fault in such cases can be difficult.
For instance, if someone is injured while skiing at McIntyre Ski Area, he or she could be partially responsible for the injuries. Although the ski resort must ensure safe conditions, the injured skier’s behavior might reduce the compensation due. The injured person might have been skiing recklessly or ignoring safety warnings. If the skier is deemed 40 percent at fault for not following safety guidelines, his or her award would be reduced by 40 percent.
Comparative Fault and Multi-Vehicle Accidents in Manchester
Multi-vehicle accidents are not uncommon in Manchester’s high-traffic areas. When three or more vehicles are involved, assigning fault becomes more complicated. Each party’s actions must be investigated individually.
In these cases, courts may divide varying percentages of fault among different drivers. For example, if a multi-car pileup occurs on I-293, who would be at fault?
The comparative fault may be assigned to the driver who initiated the crash. He or she might be assigned 60 percent of the blame, while the other drivers could share the remaining 40 percent.
The comparative fault system allows for this flexible allocation. This ensures that all parties are held accountable according to their roles in the incident.
Factors That Affect Fault Determination in Manchester
Several key factors influence the determination of fault in personal injury cases in Manchester.
Traffic camera footage
Manchester has traffic cameras installed at many intersections. This footage can be a valuable asset in determining fault.
Witness testimony
In a bustling city like Manchester, there are often witnesses to accidents. Witnesses can provide crucial details that may not be immediately obvious.
Police reports
The Manchester Police Department’s car accident reports are vital in determining fault.
Police officers are trained to assess accident scenes and gather critical information, such as:
- Vehicle damage
- Skid marks
- The positioning of the vehicles involved
These reports can heavily influence a jury’s decision regarding fault percentages.
Road conditions
New Hampshire’s harsh winters can cause hazardous road conditions, and Manchester is no exception. Poorly maintained roads or uncleared snow can contribute to accidents. In such cases, the city or state may be partially liable if the roads were not properly maintained.
Negotiating With Insurance Companies in Light of Comparative Fault
Insurance companies are well aware of New Hampshire’s comparative fault law and often use it as a negotiation tactic. Their goal is to minimize payouts, and they may use various methods to achieve this.
Insurance adjusters may shift the blame
Adjusters might try to exaggerate your role in the accident, aiming to push your fault percentage above 50 percent. If successful, this would bar you from receiving any compensation under New Hampshire law.
Insurance companies may exploit uncertainties
In cases where the fault isn’t clear-cut, insurance companies may seize any opportunity to argue for a higher percentage of fault on your part. They might refer to Manchester’s specific conditions to cast doubt on your version of events.
Insurers might leverage some of Manchester’s distinctive conditions, which include:
- High-traffic areas in the downtown core and near major shopping centers
- Busy intersections, especially during rush hours
- Seasonal weather challenges, including icy roads and heavy snowfall
- Complex road layouts, including bridges and highway merges
This is where having a local personal injury attorney becomes invaluable. With skilled legal representation, you’re better equipped to handle negotiations and pursue fair compensation for your injuries.
The Importance of Strong Evidence in Manchester Personal Injury Cases
Gathering strong evidence is crucial for navigating the comparative fault system.
A well-documented personal injury claim could be the difference between:
- Receiving full compensation
- Having your award reduced
- Losing the case altogether
Securing video footage
Many Manchester businesses, particularly in commercial areas, are equipped with security cameras.
Camera footage can be instrumental in:
- Proving fault
- Capturing incidents from multiple angles
- Providing clear evidence
Expert testimony
In complex cases, accident reconstruction experts can offer valuable insights.
By analyzing the following, experts can provide a professional opinion on who was likely at fault:
- Skid marks
- Vehicle damage
- Accident scene details
Documenting road conditions
Evidence of poor road maintenance or hazardous conditions can help establish fault. Imagine that a pothole contributed to a car accident. Records from the city’s Department of Public Works about road repairs or complaints can strengthen your case.
Weather reports
Historical weather data can be crucial if weather conditions contributed to the accident. Reports can confirm whether conditions like icy roads contributed to the incident.
Our Personal Injury Attorneys Are Here to Help
Accidents in Manchester can be complicated due to New Hampshire’s fault laws and the city’s unique conditions. If you’ve been in an accident, don’t try to handle it alone. An experienced New Hampshire personal injury attorney can help you understand how the law applies to your case.
Your lawyer can also help you gather strong evidence to support your personal injury claim. He or she can navigate the legal process effectively and fight for fair compensation on your behalf.
At Kiley Law Group, we know Manchester and its laws. Our legal team is here to guide you through your personal injury case and work towards the best possible outcome.
Don’t wait to get help. Contact Kiley Law Group today for a free case review, and let us put our experience to work for you.
