Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Proving Fault in a New Hampshire Bus Crash
To prove fault, you must show that the bus driver or operator owed you a duty of care, breached that duty, and directly caused your injuries. Evidence typically includes:
- Police and Accident Reports: Official crash reports from the NH State Police or local agencies.
- Driver Logs and Training Records: Hours-of-service logs, safety certifications, and training documents for commercial drivers.
- Vehicle Maintenance Records: Inspection reports, repair logs, and maintenance schedules for the bus.
- Video and Telematics Data: CCTV footage, dashboard camera recordings, and electronic control module (“black box”) data tracking speed, braking, and steering.
- Eyewitness Statements: Contact information and statements from passengers, other motorists, and bystanders.
- Expert Analysis: Accident reconstruction experts can determine vehicle speed, point of impact, and other critical factors.
Proving Damages in New Hampshire
After establishing fault, you must quantify your losses. New Hampshire law allows recovery for economic and non-economic damages:
- Medical Expenses: Hospital bills, rehabilitation costs, prescription receipts, and medical expert testimony.
- Lost Wages and Earning Capacity: Pay stubs, employer records, and reports from vocational experts.
- Property Damage: Repair estimates or total loss valuations for personal items and belongings.
- Pain and Suffering: Personal journals, testimony from friends and family, and expert assessments of emotional distress.
Statute of Limitations
Under New Hampshire RSA 507:4, you generally have three years from the date of the crash to file a personal injury lawsuit. See RSA 507:4.
Example Scenario
For example, if a passenger boarding Bus #45 in Manchester suffers a back injury when the driver brakes abruptly, the passenger would gather police reports, bus maintenance logs, medical bills, and witness statements to support both fault and damages.
Helpful Hints
- Collect evidence promptly at the crash scene.
- Preserve video and electronic data quickly before it is overwritten.
- Seek medical attention immediately and retain all treatment records.
- Speak with potential witnesses and get their contact information.
- Consult a qualified attorney well before the three-year deadline approaches.