Tag Archives: car crash lawyers

nh car crash attorneys

Bikers, Walkers Threatened By Increase In Distracted Driving

More Cars, More Walkers and Bikes, More Distractions = Higher Traffic Deaths

nh car crash attorneys
Use marked crosswalks: Eighty-two percent of pedestrian deaths occur outside the crosswalk.

According to the Governors Highway Safety Association (GHSA), almost 6,000 pedestrians were killed in 2016 in traffic accidents. In 2015, more than 800 bicyclists lost their lives in motor vehicle-involved crashes. Pedestrian deaths shot up 10 percent between 2014 and 2015, bicyclist deaths by 13 percent – both more than any other category of traffic-related fatalities, according to National Highway Traffic Safety Administration (NHTSA).

According to the NH car crash attorneys at the Law Office of Manning & Zimmerman, the cause of this deadly trend has been greatly debated, with different groups pointing to a stronger economy and hence more cars on the road, more people walking to work or for recreation, and distraction due to the skyrocketing use of smartphone technology. Meanwhile, most efforts to prevent distraction are focused on motor vehicle drivers and passengers rather than pedestrians and bicyclists.

Teens Account for 25 Percent Increase in Pedestrian Deaths Over Past Five Years

nh car crash attorneys
Bicycle fatalities have risen sharply for adults (especially men) 20 years or older since 1975. Click on graph to enlarge.

Even if a person is not behind a wheel, they can be at risk if walking while talking on a cell phone or listening to music through headphones. Among kids, teens account for 50 percent of all pedestrian deaths in the United States, and unintentional pedestrian traffic injuries are the fifth leading cause of fatalities for ages 5 to 19. Older teens have accounted for a staggering 25 percent increase in pedestrian injuries in the past five years. Over half of all adults have been involved in a distracted walking encounter.

Tips To Stay Safe

Walking or bicycling are healthy for both people and the environment. Perhaps that is why we’ve seen a 60 percent increase in commuter biking during the past decade. But while bicycle deaths among children have thankfully decreased by 88 percent since 1975, deaths among bicyclists age 20 and older have more than tripled. From the NH car crash attorneys at the Law Office of Manning & Zimmerman, here are a few safety tips to keep in mind that will increase your chances of arriving safely at your destination, whether on foot or by pedal!

* Look left, right and left again before crossing the street
* Make eye contact with drivers of oncoming vehicles to make sure they see you
* Be aware of drivers even when you’re in a crosswalk; vehicles have blind spots
* Don’t wear headphones while walking or biking
* Never use a cell phone or other electronic device while walking or biking
* If your view is blocked, move to a place where you can see oncoming traffic
* Never rely on a car to stop
* Only cross at designated crosswalks (82 percent of pedestrian fatalities occur outside crosswalks)
* Wear bright and/or reflective clothing, especially at night
* Always wear a helmet while biking
* Walk in groups, if possible
* Follow all traffic laws and road signs, and signal to turn

Contact Experienced NH Car Crash Attorneys Today

If you have been injured in a New Hampshire pedestrian accident and sustained any of the types of injuries discussed above, it is essential that you have competent legal representation from the onset of your case through litigation.  Big insurance companies have lawyers looking out for their interests and you should too. The experienced New Hampshire personal injury attorneys at the Law Office of Manning & Zimmerman, PLLC offer free initial consultations to NH injury victims. Call (603) 239-2489, complete a request for a consultation on our website, or send us an email.

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Experienced, Knowledgeable & Personally Committed to Justice

New Hampshire Personal Injury Law and Proportioning Fault

Negligence is the crux of a personal injury case.  In order to receive compensation for personal injuries, an injured person has the burden of proving negligence on the part the defendant – for example, the other driver. In order to prove negligence under New Hampshire personal injury law, an injured plaintiff must show that:

  • the defendant driver owed him or her a duty;
  • this duty was breached; and
  • breach of this duty factually and legally resulted in the plaintiff’s injuries and damages (including both economic and non-economic damages).

Duty and Breach

personal injury lawIn New Hampshire negligence cases, a defendant’s duty is measured by the standard of a reasonable person.  In the case of personal injuries sustained in a motor vehicle accident, the injured plaintiff must show that the defendant driver owed a duty to the injured plaintiff (and all other drivers on the roadway) to act as a reasonably prudent driver under the same or similar circumstances.  “Same or similar circumstances” means that a defendant driver’s duty is “fluid,” depending upon environmental circumstances like traffic volume, weather, and other external forces.  These factors are taken into consideration when determining whether or not a defendant driver breached the duty of care owed to the injured plaintiff and other drivers on the roadway.  The injured plaintiff must ordinarily be able to prove this breach to prevail in a personal injury case and receive monetary compensation.

In some cases where the defendant driver’s insurance company is not contesting fault (i.e. where the insurance company concedes that its driver caused the accident), it may “admit” to satisfying the duty and breach elements of negligence.  In many cases, a plaintiff’s lawyer will insist that the defense lawyer stipulate to this admission in writing – especially if the case has a good chance of proceeding to trial.

Causation and Damages

In New Hampshire, an injured plaintiff must ordinarily show that the defendant driver’s breach of duty was both the factual cause and legal (foreseeable) cause of the plaintiff’s injuries and damages.  Tort law sometimes refers to foreseeable cause as the “zone of danger” which the injured plaintiff must be in for negligence to exist.

In addition to causation, the plaintiff must have suffered damages – usually in the form of personal injuries.  These damages are classified into two main types:  economic and non-economic damages.  Economic damages are those damages that can be measured numerically – such as medical bills, physical therapy bills, and compensation for missed time from work (also known as lost wages).  The injured plaintiff must demonstrate that the treatment, bills, and lost wages are the proximate result of injuries sustained in the accident.

Non-economic damages include compensation for permanent injury, pain and suffering, aggravation and inconvenience, psychological and psychiatric harm, loss of earning capacity, and loss of companionship or consortium (i.e. spousal support).  Again, the injured plaintiff must demonstrate that these damages were proximately caused by the accident, and proving these types of damages often requires expert testimony at trial.

Plaintiff’s Comparative Negligence in New Hampshire

New Hampshire personal injury law penalizes personal injury plaintiffs when the evidence shows that they somehow caused or contributed to the accident in which they sustained their injuries.  Examples of contributing to an accident might include slightly exceeding the speed limit, violating a traffic law, or engaging in some type of distracted driving.

New Hampshire, like some other states in the country, uses a modified comparative negligence scheme – otherwise known as the “51% Rule.”  Under this rule, an injured plaintiff’s contributory negligence does not completely bar his or her recovery, so long as the plaintiff’s negligence was not greater than the defendant’s.  Under New Hampshire’s modified comparative negligence scheme, an injured plaintiff’s permissible damages are lessened in proportion to his or her amount of negligence.  For example, if a defendant driver was 75% at fault for the accident, and the injured plaintiff contributed 25% to the accident, then the injured plaintiff is only entitled to recover 75% of the available damages.  New Hampshire’s modified comparative negligence scheme is codified as part of the state statute.

Contact a New Hampshire Personal Injury Law Attorney Today

If you have been injured in a New Hampshire motor vehicle accident and sustained any of the types of injuries discussed above, it is essential that you have competent legal representation from the onset of your case through litigation.  Big insurance companies have lawyers looking out for their interests and you should too. The experienced New Hampshire personal injury law attorneys at the Law Office of Manning & Zimmerman, PLLC are ready to represent you immediately.  Call (603) 624-7200 today for an initial consultation.

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Experienced, Knowledgeable & Personally Committed to Justice

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New Hampshire Lawyers Present Top 2016 Stories

New Hampshire Lawyers: Top Safety and Justice Stories of 2016

Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? From the New Hampshire lawyers at the Law Office of Manning & Zimmerman, here’s one more for you courtesy of the American civil justice system: safer products and services.

This past year we have been following several stories of dangerous products or unfair practices that threaten the health, safety and legal rights of all Americans. Think exploding batteries, lead-laced drinking water, forced arbitration or faulty medical devices, for example.

But thanks to the courage of citizens like you and the power of the civil justice system, New Hampshire lawyers are holding accountable many of those who put profit over public well-being. And that’s a list we can all be proud of, as these stories so richly illustrate.

Read More >>>

BY THE NUMBERS /

2x
Recalls
According to a recent study by the U.S. Food and Drug   Administration, medical device recalls doubled from 2003 to 2012. [Download report]
27,000
Children
Nearly 27,000 children were exposed to lead poisoning from the contaminated water supply in Flint, Michigan.
$1
Billion
After years of denying any link between repeated concussions and brain injury, the NFL settled a lawsuit that sets aside almost $1 billion for players suffering from chronic traumatic encephalopathy.

 

BOOKMARK FAVORITES /

400,000 Heart Defibrillators Subject of Recall

St. Jude Medical issued a recall for some of its 400,000 heart defibrillators after two people died when the batteries failed prematurely.   View video.

Inside Flint’s Lead Poisoning Disaster

Dr. Sanjay Gupta and CNN investigate the aftermath of massive lead poisoning in Flint, Michigan, which was initially denied by government officials. View video.

Five Facts – Samsung Galaxy Note 7 Recall

More than 1 million Samsung Galaxy Note 7s were recalled when users reported that the popular smartphone overheated or, in some cases, even exploded. Here are five vital facts about the recall.  View video.

 

What Concerns You the Most?

Browse the 2016 top safety and justice issues, and then tell us which one keeps you up at night. You could win an iPod shuffle for participating.

Add your thoughts here

Forced Arbitration: The Threat Continues

Forced arbitration continues to threaten the safety and legal rights of all Americans. Tia shares her story of sexual harassment and Circuit City.

Listen now