Detailed Answer
Overview of Negligence in New Hampshire
In New Hampshire, to succeed in a negligence claim you must prove: duty of care, breach of that duty, causation and damages. In a collision at a traffic signal or highway exit, the key is showing the other driver violated a traffic law or standard of care and that this breach caused the crash.
1. Establish the Duty and Breach
All motorists owe a duty of care to others on the road under RSA 265:14 and RSA 266:1. For example:
- Running a red or yellow light violates RSA 265:13 (Traffic-control signals).
- Failing to yield when exiting a private way or highway violates RSA 266:1 (Right-of-way at private ways).
- Not signaling a turn at least 100 feet in advance breaks RSA 265:91 (Use of turn signals).
2. Causation and Damages
You must show the breach directly caused your injuries or property damage. Documented medical records, repair estimates and expert opinions (e.g., accident reconstruction) help link the driver’s action to your losses.
Key Evidence to Gather
- Police Crash Report: Contains officer findings, diagram, witness statements and any traffic citations.
- Photographs and Video: Images of vehicle damage, skid marks, traffic signal status and road conditions. Dashboard cameras or nearby surveillance add detail.
- Witness Statements: Contact information and written or recorded accounts from bystanders or passengers.
- Accident Reconstruction: Expert analysis on vehicle speeds, impact angles and traffic signal timing.
- Traffic Signal Logs: Many municipalities retain signal phase data confirming whether the light was red, yellow or green.
- Vehicle Data: Electronic Event Data Recorder (“black box”) can record speed, braking or steering inputs seconds before the crash.
- Medical Records and Repair Bills: Proof of your injuries and property damage, which establish damages.
Understanding Statutory Duties
Highlight any statutory violations, such as:
- RSA 265:13 6 Traffic-control signals
- RSA 265:91 6 Use of turn signals
- RSA 266:1 6 Right-of-way at private ways
Disclaimer
This article provides general information about New Hampshire law. It does not offer legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Collect evidence promptly before it disappears or deteriorates.
- Note the exact time, date and location of the crash.
- Ask police to include any traffic camera footage in their report.
- Preserve your vehicle in its post-crash condition for inspection.
- Consult an attorney early to guide evidence collection.