Detailed Answer
Understand the Legal and Statutory Framework
In New Hampshire, every driver must obey traffic-control signals. Under RSA 265:4, a driver facing a steady red light must stop before entering the crosswalk or intersection and remain stopped until a green signal appears (https://www.gencourt.state.nh.us/rsa/html/XXII/265/265-4.htm). Violating this statute can establish negligence per se. Negligence per se means that breaking a traffic law directly supports a finding of breach of duty.
Elements of Proving Liability
To succeed in a civil claim, you must prove each of these elements by a preponderance of the evidence:
- Duty: Every driver on the road owes others a duty to drive with reasonable care (see RSA 264:1, general negligence duty).
- Breach: Running a red light breaches that duty and, under RSA 265:4, constitutes negligence per se.
- Causation: You must link the red-light violation to your collision. Courts look for direct cause (“but-for” causation) and proximate cause (foreseeability).
- Damages: You must show you suffered an injury or property damage because of the collision.
Key Evidence to Gather
Building a strong case relies on clear, documented evidence. Common types include:
- Police Reports: Official crash reports often note signal violation and diagram the scene.
- Traffic Camera or Surveillance Footage: Intersection cameras or nearby business cameras can show the light sequence and collision.
- Eyewitness Statements: Independent witnesses can confirm the other driver ran a red light.
- Photographs and Diagrams: Photos of vehicle position, skid marks, traffic signals, and road signs preserve the scene.
- Event Data Recorder (EDR): Modern vehicles record speed and braking data just before impact.
- Accident Reconstruction Experts: Experts can recreate the collision to prove timing and fault.
Steps to Strengthen Your Claim
1. Report the collision immediately to law enforcement and your insurance company.
2. Seek medical attention to connect injuries directly to the crash.
3. Preserve all evidence: keep damaged parts, secure video, and take timely photos.
4. Consult an attorney early to ensure statutes of limitation do not bar your claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- Request a copy of the police report as soon as it’s available.
- Note the exact intersection and signal configuration in your documentation.
- Gather contact information from every witness on the scene.
- Save all medical bills and repair estimates in a dedicated folder.
- Verify whether your insurance policy covers uninsured/underinsured motorists if the at-fault driver lacks coverage.