Tag Archives: New Hampshire injury lawyer

How Is Rear End Collision Fault Determined in New Hampshire?

Rear end collisions can result in severe injuries, and the damages can be devastating. Your vehicle might be ruined, especially if you’re pinned between the car that hit you and a car in front of you in a “ripple” accident. The damage can even propagate to other vehicles ahead of them in heavy traffic. But how is rear end collision fault determined?

Manchester NH Rear End Collision Lawyer

Is the Guy in Back Always to Blame?

In some states, investigators always assign rear end collision fault to the person who hit the other driver. New Hampshire is not one of those states. Admittedly, rear end collisions do often result from the following driver not being alert, but that’s not always the case — and New Hampshire law recognizes that reality.

Rear end accidents can also be caused by the leading driver pulling out unexpectedly into traffic, braking suddenly, changing lanes without using signals, driving without taillights at night, or by road conditions that combine to cause the leading driver to lose traction on a slick road, while the following driver skids into them.

Can You Recover Damages in a Rear End Collision?

Whether you were the person who did the rear ending or the person struck, you may be able to get compensation for your damages in a rear end collision. The accident investigators will apportion the blame for the accident between the drivers. If you’re 51% or less to blame, you can make a claim for damages against the other person’s insurance.

If you were rear ended, it’s easier to make a case. You do have to produce evidence that you were exercising due care when the accident occurred, while the other person was not. The court will ask for documentation to prove the other driver’s liability, including:

  • a police report,
  • notes and photos from the scene,
  • photos of the auto damage,
  • witness statements,
  • medical bills, and the like.

If you rear ended someone else, you may be able to prove that one of the circumstances mentioned in the previous section caused you to strike the other vehicle. However, the real determinant will be what the accident scene investigators decided. If they assign more than 51% of the blame to you, you won’t have a case.

What Happens If You Decide to Make a Claim Against the Other Driver?

If you decide to sue for damages, we strongly recommend that you hire an experienced Manchester NH injury lawyer to represent you in court. As part of their due diligence, they’ll advise you on the types of damages to consider while making your case.

You can expect vehicle damage from a rear end collision, and it may be significant. This is the most obvious type of damage to consider, along with any injuries. Don’t forget to take photos of both your auto damage or personal injuries to you or your passengers for use in court.

When you make the claim, remember also to take lost wages into account, and any potential long-term harm. If you end up with a hurt neck or back, it may result in years of pain. Include those potential costs in your medical expenses, as a step toward making you legally whole. This is especially true if the injury will likely impact your ability to earn future income.

You can also request compensation for pain and suffering, mental anguish, and even punitive damages, though the latter are rarely awarded. Needless to say, you’ll need the documentation to back up any and all claims.

To Learn More About How to Determine Rear End Collision Fault

At the Law Office of Manning & Zimmerman PLLC, we pride ourselves on our experience, client service, and professionalism. If you have questions about a rear end collision fault, contact us for a free consultation at (603) 624-7200.

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Steps to Take After a Car Accident in New Hampshire

Even minor car crashes can be unsettling. And you’ll probably be pumped up with adrenaline and emotion for a while afterward. So while you may think common sense will guide you after a car crash, it’s a good idea to prepare yourself ahead of time by keeping these tips in mind. Below, the New Hampshire Car Accident Attorney at the Law Office of Manning & Zimmerman PLLC discusses 7 steps to take after a car accident:

steps to take after a car accident, Manchester New Hampshire

Step 1: Stop and Pull Over

Hit-and-run can be a felony if someone is injured or killed in the accident, so don’t immediately leave the scene. Stop and pull over to the side of the road if you can. Be sure to turn on your hazard lights if you can. These actions increase the safety of the accident scene while making it easier for other motorists to pass.

Step 2: Check to See If Anyone is Hurt

Don’t get out of the car yet. Check your passengers for injuries and have them do the same for you. If you’re alone, check yourself carefully. In the aftermath of a collision, an adrenaline surge may temporarily mask the pain of some injuries. If you see and feel nothing major, wait until it’s safe to get out of your car before doing so.

Check with the occupants of the other car(s) involved. If the accident caused any injuries, call 911. Render first aid if necessary, but try not to move anyone unless you know they’re in danger.

Until everyone is safe and the authorities have arrived, don’t worry about trying to assign fault or blame.

Step 3: Call the Police If Necessary

Even if it’s not an emergency, you may need to call the police to inform them about the accident. This won’t be necessary if you’re on a busy or regularly patrolled road. If you’re on a low-traffic road or rural highway, call them as soon as possible. Don’t call 911 unless it really is an emergency. You can get the local police station’s phone number from Information.

Step 4: Swap Contact and Insurance Info

While you’re waiting, exchange insurance and contact information with all other drivers. This is one of the most important steps to take after a car accident, as it will eventually come in handy in your accident claim. Get all names, addresses, driver’s license numbers, and plate numbers. If someone decides to leave the scene, try to get their license number. It may also help your insurance claim later if you can get contact information from any passengers in the other car(s).

Step 5: Take Notes and Photos

Document the crash. Don’t worry about offending anyone. Take notes on paper or on your phone’s notes app. Include where the accident occurred, the drivers involved, your car’s damage, and any injuries. Try to get the names of all the passengers and witnesses. Include the road conditions and any road hazards. Get the names and badge numbers of the police officers who respond, too. Take photos of everything above, especially your injuries and vehicle damage.

Step 6: Ask for a Police Report

Most insurers consider the officers who handle a scene to be reliable, solid sources of information. Ask them for a police report at the scene. They should be able to tell you when it will be ready and how you can get a copy. This can help you when you make your claim.

Step 7: Call Your Insurance Agent

Contact your insurance agent ASAP. If they’re unavailable, leave a message. When they call you back, they’ll fill you in on what to do next.

Learn More About Steps to Take After a Car Accident

Because auto damages can range into the thousands of dollars — and injury claims can go even higher — some insurance companies will do all they can to minimize or avoid paying a claim. If you get a low settlement offer, they deny your claim, or you feel you’ve been unfairly found at fault, we may be able to help. Talking to an experienced New Hampshire car accident lawyer may be one of the most important steps to take after a car accident.

For a free consultation, contact the NH injury lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 624-7200 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury lawyers at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

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NH Injury Lawyers Discuss Toy Safety

Trouble in Toyland

Protect Smiles: Buy Safe Toys

The annual Trouble in Toyland survey provides toy safety guidelines and buying tips. [Download report]

According to the NH injury lawyers at Manning & Zimmerman Law, U.S. consumers spent about $20 billion on toys in 2017 with projections for a seven percent increase in sales for 2018. In short, toys are big business. The downside: a market flooded with toys that, in some cases, are not tested for safety.

Fortunately for American toy buyers (and kids), the definitive annual toy safety survey from the U.S. Public Interest Research Group (U.S. PIRG) is here. For more than 30 years, the Trouble in Toyland report has identified toys on store shelves that pose potential safety hazards to children. You can download the report here. Key findings this year include:

  • Toxic Slime: Several popular ‘slimes’ on the market have levels of boron that are 15 times the level recommended by the European Union. According to the United States Environmental Protection Agency, ingesting boron can cause nausea, vomiting, rashes and seizures. [Download report]
     
  • Missing Choking Warnings: Among children’s toys and products, balloons are the number one cause of suffocation death. [Download report] However, in a survey of five search pages for balloons sold on Amazon, U.S. PIRG found no choking hazard labels on 87 percent of the latex balloons marketed to parents of children under two. This is a violation of the law. Never let a child under the age of three play with balloons.
     
  • Smart Toys Can Be TOO Smart: Websites, apps, and smart toys are all capable of collecting information about users. This includes children under 13. Earlier this year, the Federal Trade Commission charged electronic toymaker VTech with collecting personal data on hundreds of thousands of children without parent consent or knowledge. It was also alleged that a hacker gained access to that data during a security breach in 2015. Amazon’s popular children’s tablet, the Amazon Fire HD Kids Edition, can share a child’s private information with third parties for advertising purposes while not deleting the data it stores.

Keeping Kids Safe

Onward and upward to the toy store! If you are shopping for kids this holiday season, our NH injury lawyers urge you to be sure to keep this safety checklist handy – and check it twice.

  • Toys with sound: If a toy is too loud for you, it could be loud enough to damage your child’s hearing. Test toys to make sure the sound level isn’t painful. 
  • Ingredients: Read labels on the back of toys to look for dangerous ingredients or chemicals. If these substances are ingested your child could get very sick.
  • Toys with small parts:  Toys marketed to children six and above may contain small parts that pose choking hazards for younger children. Look for age guidelines. “Hatching” toys are very popular, but the break-apart packaging can create very small pieces. Before your child plays with a toy for the first time, see if smaller parts fit through a toilet paper roll. This is a great test to indicate if there is a possible choking hazard.
  • Smart Toys: Sites, apps, games and smart toys might be collecting private data from your child  and could be hacked. Always evaluate privacy policies before using, and monitor any data requested on your child. 
  • Makeup: “Children’s” makeup is not considered a toy, so it is not regulated at the same level. Avoid makeup for kids.
  • Previously owned or older toys: Search for recalls on older toys to ensure a safe gift.

Contact the Experienced NH Injury Lawyers at Manning & Zimmerman

If you have been injured by another person’s careless acts, contact the experienced NH injury lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 232-7278 and by email at info@MZLawNH.com. You may also use the “contact us” or chat feature on our website.

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!

Experienced.  Knowledgeable.  Personally Committed to Justice.

NH Injury Lawyers

Share the Road: Motorcycle Accidents Can Be Prevented

Please Share the Road to Help Prevent Motorcycle Accidents

Fall is a beautiful time of year, especially here in the great state of New Hampshire. With the foliage comes more traffic to the roads, especially motorcycles. So it’s time to ask yourself if you are sharing the road and taking strides to help end motorcycle accidents.

The Truth Hurts

According to the National Highway Traffic Safety Administration (NHTSA), in 2016 there were 5,286 motorcyclists killed in traffic crashes nationwide. This is a 5 percent increase from 2015 (5,029). Motorcycle deaths have been on a steady increase over the last three years. Motorcycle death related accidents have accounted for 14 percent of total highway fatalities.

It is incredibly important for both motorists and riders to share the road and to take precautions to avoid fatal accidents.

What Motorists Need to Know

Driving a motorcycle and driving a car are two vastly different experiences. All motorists need to be aware of  safety challenges faced by motorcyclists.  The size and visibility on a motorcycle are completely different of that in a vehicle. Motorcycle riding practices also alter the reaction time speed and results.

Research and State-level data has  identified that other motorists (not the motorcycle driver) are at-fault in more than half of all multi-vehicle motorcycle-involved accidents. Not to mention that NHTSA-funded research has shown that people behind the wheels of passenger vehicles are distracted more than 50 percent of the time. It cannot be stressed enough that, not only for motorcyclists’ safety, but for everyone on the road, distracted driving is detrimental and fatal in many instances.

Motorcyclists Take Action

All motorcyclists need to be prepared and defensive drivers on the road. Pay attention to your surroundings and other drivers on the road. Take into consideration weather and temperatures upon riding. During fall, wet leaves can lead to slick conditions while riding. The best thing you can do to protect yourself is to use a DOT-approved motorcycle helmet. Doing so just might save your life!

They’re Not Just Warnings, it’s Real Life

As we regularly represent motorcyclists and their families, the motorcycle accidents attorneys at the Law Office of Manning & Zimmerman are grateful for the family of Michael Phelps. Michael was a beloved retired teacher from Concord who was killed on his motorcycle by a distracted driver. His family has shared his story (below) in an effort to help educate others and saves lives.  No one ever assumes they will be in a horrific accident and no one ever thinks they could ever be the cause of one. The sad truth is it happens. The personal injury attorneys at the Law Office of Manning and Zimmerman ask everyone to please end distracted driving to help save lives.

Contact Experienced New Hampshire Motorcycle Accidents Attorneys for a Free Consultation

If you have been injured by another person’s careless acts, contact the experienced NH motorcycle accidents lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 556-4685 and by email at info@MZLawNH.com. You may also use the “contact us” or chat feature on our website.

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!

Experienced.  Knowledgeable.  Personally Committed to Justice.

NH motorcycle accidents lawyers

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Falls Affect People of All Ages, Not Just the Elderly

Every Person, Regardless of Age, is Susceptible to Unintentional Falls

Falls Increase
Deaths from falls in the U.S. have dramatically increased since 2000.

According to the NH injury attorneys at Manning & Zimmerman Law, every year millions of Americans suffer from a preventable fall injury.  More than 800,000 of these result in a visit to the emergency room with a fracture or head injury. According to the American Academy of Orthopedic Surgeons, falls are the most common cause of nonfatal unintentional injuries and are responsible for slightly more than three in 10 injuries overall. Deaths because of a fall have also skyrocketed since 2000, from 13,322 to 34,673. Half of all accidental deaths in the home are caused by a fall.

Surprising Facts About Falls

  • Most fall injuries in the home happen at ground level, not from an elevation.
  • Falls are also one of the most common causes of fatalities in the workplace [download report].
  • The most common victim of a fall is a person over age 65, but other common age groups are women ages 20-30 and children under three. Some researchers suggest that because young women in their child-bearing years more often provide childcare and perform household chores compared to their male partners, they are more susceptible to falls.
  • Bunk beds made for children are required to pass federal safety rules, but these requirements don’t apply to institutional beds found in places like college dorms. For college students, it’s up to them and not the school to ensure their beds are safe.
  • Falls are the most common cause of traumatic brain injuries.
  • Falls account for about 38 percent of worker fatalities in construction accidents.

Safety Starts in the Home

nh injury attorneys
Approximately 3,000 stair-related injuries happen every day in the United States, which averages out to one injury every 30 seconds.

Falls can occur in businesses and at the workplace, but the statistics still show that most falls occur at home. Prevent accidental injuries at home by following these guidelines:

Stairs and Steps
  • Have light switches at the top and bottom of the stairs, and provide enough light to see each step and landing.
  • Install handrails on stairways and be sure to use them.
  • If you have bare-wood steps, put nonslip treads on each step.
  • Do not use patterned, dark, or thick carpeting on stairs. Solid colors show the edges of steps more clearly.
  • Do not leave objects on the stairs.
Bathroom
  • Install grab bars on the bathroom walls near the toilet and along the bathtub or shower if needed.
  • Place a slip-resistant rug next to the bathtub for safe exit and entry.
  • Use nonskid adhesive textured strips or mats on the bathtub/shower floor.
Bedroom
  • Place a lamp and flashlight near your bed.
  • Sleep on a bed that is easy to get into and out of.
  • Make sure your route from the bedroom to the bathroom is well lit.
Living Areas
  • Arrange furniture to create clear pathways between rooms.
  • Clear clutter from the floor.
  • Install easy-access light switches at entrances to rooms.
  • Secure loose area rugs with double-sided tape or slip-resistant backing.
  • Keep electric, appliance and telephone cords out of your pathways.
  • Repair loose flooring immediately.
  • Throw away wobbly chairs, ladders and tables.
Kitchen
  • Immediately clean up any liquid, grease or food spilled on the floor.
  • Use a step stool with an attached handrail to reach upper cabinets.

Contact NH Injury Attorneys

If your uninsured motorist claim is denied, you may need the help of an injury attorney to make your case. Don’t leave such decisions to the insurance company’s discretion. For a free consultation, contact the NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

New Hampshire workers' compensation

New Hampshire Workers’ Compensation: Third-Party Claims

In the New Hampshire workers’ compensation system, employees are prohibited from suing their employers or co-workers for their workplace injuries. However, an injured worker may be able to bring a lawsuit against a third-party wrongdoer. These are non-employees (known as “third parties”) who, at least in part, may have contributed to the employee’s injuries. Below is a list of issues that the New Hampshire workers’ compensation attorneys at Manning & Zimmerman Law consider when handling work injury claims:

Was a third-party potentially responsible for the injuries?

The best time to examine the possibility of a third-party claim is during your first meeting with a New Hampshire workers’ compensation attorney. The reason for this is two-fold: 1) The existence of a third-party claim could substantially impact the value of your case. 2) There may be a different statute of limitations for the two claims.

If your work injury lawyer decides to open both claims, best practices include opening a separate file for each claim. This is done to keep track of each statute of limitations independently. Ideally, your injury attorney would handle both the workers’ compensation and third-party liability claims. However, if that is not possible, the attorneys should communicate regularly. This ensures that neither attorney takes an action that would negatively impact their mutual client’s other claim. It also reduces the amount of duplicative work.

Scrutinize asserted New Hampshire workers’ compensation lien amounts

When there is a third-party liability claim, New Hampshire workers’ compensation insurance carriers are, by law, entitled to liens for payments previously made, and for future payments made on your behalf, either through settlement or judgment. There is no need for the insurance carrier to intervene in the third-party suit to protect its lien. The lien arises by operation of law. The insurance carrier’s lien rights are divided into two separate and distinct rights – its right to recoupment and it’s right to a “holiday” or “offset” against future payments. The carrier may waive one right while retaining the other.

These liens can be negotiated by the New Hampshire workers’ compensation lawyers at Manning & Zimmerman Law. First off, per the lien statute, the lien must be reduced by the carrier’s pro rata share of expenses and costs for bringing the third-party claim. Additionally, certain expenses incurred by the insurance carrier are prohibited from inclusion in any lien but may appear in the itemization of amounts paid provided by the insurance carrier. For example, administrative claims costs, vocational rehabilitation expenses, and interest cannot be recovered and, accordingly, should be removed from the calculation of a lien amount. In addition, work injury lawyers should consider negotiating an even lower repayment or holiday if, in your third-party claim, you have limited insurance available, there are significant liability problems, or the claim would be expensive to pursue.

If the insurance carrier refuses to negotiate or appropriately reduce its lien, your New Hampshire workers’ compensation attorney at Manning & Zimmerman Law  can request a hearing on the equitable repayment of the lien before the Superior Court.

Hearing at Department of Labor

During the litigation of your claim, the insurance carrier may deny coverage of one or more of your medical bills. In order to get that bill paid, a hearing on payment before the Department of Labor would normally be requested. Before you do so, however, if you have a third-party liability claim, your injury attorney should take time to consider the effect of a Department of Labor decision upholding the carrier’s decision to deny payment of that particular bill(s) on your future ability to present that bill as evidence of an injury-related medical expense in any hearing or trial regarding your third-party claim. A negative decision from the Department of Labor will be binding. Also, the potential detriment of requesting a hearing on a particular bill may outweigh the potential benefit under certain circumstances.

Third-party claim settlements must be approved

The New Hampshire workers’ compensation attorneys at Manning & Zimmerman Law know that no settlement by an employee against a third-party is binding until approved by the Labor Commissioner. Actions that have already commenced are subject to approval by the court or arbitration proceeding where the action is pending. The purpose of this process is to protect the lien rights of the workers’ compensation insurance carrier. Accordingly, the documents submitted to the Labor Commissioner upon settlement, or the Court through a Petition to Approve the Settlement, require that the amount of the lien be provided. Also, a portion of the settlement funds must be paid to the insurance carrier in satisfaction of its statutory lien.

Contact Experienced New Hampshire Workers’ Compensation Attorneys

Workers are often worried about how they are going to pay for an attorney. Attorneys in the NH workers’ compensation system  are generally paid on a contingency fee basis (percentage of any future recovery). They may alternatively be paid by the insurance company after a successful hearing. Thus, in most cases, workers do not need to pay any fees up-front.

At Manning & Zimmerman Law, we are proud to fight for the rights of workers who have suffered workplace injuries. It is essential that you have experienced legal representation from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too! For a free consultation with our NH workers’ compensation attorneys, call (603) 671-3156, send us an email to info@MZLawNH.com, or use the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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NH Injury Attorneys: Celebrating a Safer, More Just America

People Who Make a Difference

The NH injury attorneys at Manning & Zimmerman Law are pleased to present the 2018 Justice Served Awards. These recognitions honor each of these nominees for their commitment to a safer, more just America.

Martina Vendenberg
Martina Vandenberg helps lawyers fight human trafficking

Holding Human Traffickers Accountable For Their Crimes

Martina E. Vandenberg is the founder and president of The Human Trafficking Legal Center (HT Legal), a pro bono legal organization that trains lawyers to provide legal support to human trafficking victims. Vandenberg and HT Legal hope to decrease human trafficking, estimated to affect more than 400,000 people in the United States, through three objectives:

  1. Hold the U.S. government accountable. The government rarely prosecutes human trafficking cases, and even when it does, victims often are denied financial restitution. HT Legal conducts research to expose failures in the system, reach out to prosecutors and drive legal reform.
  2. Deter human traffickers by forcing them to pay compensation to victims. Even if traffickers are not prosecuted for criminal charges, there is another option for victims: civil litigation. HT Legal trains attorneys willing to represent victims at no cost and seek damages from traffickers and third parties that benefit from trafficking.
  3. Challenge impunity through strategic litigation. HT Legal and its partners use strategic litigation as a catalyst for this change by forcing government action, driving legal reform, punishing perpetrators and compelling companies to end or prevent abuses in their business practices.

Through HT Legal, Vandenberg has trained more than 3,200 pro bono attorneys nationwide to handle human trafficking cases.

Mike Moore
Mike Moore held Big Tobacco accountable and is now taking on Big Pharma

Stemming the Tide of Opioid Abuse Through Litigation

Mike Moore is a lawyer and former attorney general for Mississippi. In 1994, Moore was the first state attorney general to sue the tobacco industry for lying about nicotine addiction and to hold companies accountable for the cost to the public of treating sick smokers. He persuaded lawyers and other AGs from across the country to take on Big Tobacco, resulting in a $246 billion settlement, still the largest in U.S. history.

Last year, Moore decided to turn his sights on Big Pharma and the opioid abuse epidemic. Deaths from prescription opioids – drugs like oxycodone, hydrocodone, and methadone – have quadrupled since 1999. Moore and his colleagues argue that the original marketing for OxyContin (by drugmaker Purdue) as non-addictive was based on questionable research. Since then, more than 400 cities, counties and Native American tribes have filed lawsuits against pharmaceutical manufacturers, distributors and pharmacy chains. As with the settlement from Big Tobacco, Moore hopes to take any damages awarded and put it toward opioid abuse education and prevention.

Gretchen Carlson
Gretchen Carlson advocates against mandatory arbitration clauses in employment contracts

Protecting Employees Victimized by Sexual Assault

Forced arbitration clauses, which are now used by a wide range of companies, are now found in over 55 percent of employment contracts. Instead of going to court, employees must settle the dispute in secret arbitrations, usually by an arbitrator chosen by the defendant. In cases of sexual assault or harassment, these forced arbitration clauses can protect harassers from public consequences, opening the door to serial and long-term harassment.

Forced arbitration clauses not only protect abusers from a court of law, but also silence employees from speaking publicly once through arbitration. Gretchen Carlson, a former Fox News anchor, sued Fox News after she was fired for allegedly refusing sexual advances from Fox News Chairman Roger Ailes. Fox attempted to have her claims adjudicated in closed-door mandatory arbitration instead of court, effectively requiring that the details of her case be legally hidden from the public. Since settling her lawsuit with Fox News, Gretchen Carlson has been an advocate for legislation that prohibits forced arbitration clauses in employment and consumer contracts.

Sevonne Huang
Sevonne Huang is taking on Tesla after her husband died in a crash

Wife of Husband Killed in Tesla Wreck Hopes to Prevent More Deaths

Walter Huang died on March 23 after his Tesla Model X, which had engaged its Autopilot system, crashed head-on into a barrier on Highway 101 in California. Walter was a 38-year-old engineer, husband, and father of two young children. When Walter’s wife, Sevonne, saw the crash on the news, she knew right away it was her husband. Sevonne said she not only recognized his car, but knew that her husband was involved when she saw where the crash occurred. Walter had previously complained about the car moving toward that same barrier while on autopilot before the crash.

Despite settling a class-action lawsuit with several Model X and Model S customers, which alleged that the assisted-driving Autopilot system was “essentially unusable and demonstrably dangerous,” Tesla still blamed Walter Huang for the crash in a statement. Sevonne has hired a firm to sue Tesla in an effort to bring them to justice and prevent future crashes. “I just want this tragedy not to happen again to another family,” she said.

About the Justice Served Awards

The Justice Served Awards celebrate the stories of injured people, their families, and advocates who make a difference in protecting the health, safety, and legal rights of others by helping to:

  • Uncover negligence or other irresponsible behavior by organizations that put their interests ahead of the public interest;
  • Prompt government action by shedding new light on defective products, services or other practices;
  • Trigger manufacturing and quality assurance practices that lead to safer products and services; and
  • Increase public awareness that helps prevent additional injuries and protect an individual’s right to civil justice in a court of law.

Contact Experienced NH Injury Attorneys for a Free Consultation

Have you or a loved one been injured due to another person’s careless acts? If so, it is essential that you have the competent legal representation of NH injury attorneys from the onset of your case through litigation. Big insurance companies have lawyers looking out for their interests and you should too!

For a free consultation, contact the NH injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

nh car accident lawyers

The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

 

manchester truck crash lawyers

Commercial Truck Collisions

Manchester Truck Crash Lawyers Discuss Common Causes of Truck Crashes

Did you know that commercial trucks are six times the length of an average vehicle and nearly 20 times their weight? It seems like every day that we see a story about one of these trucks being involved in a collision. Passenger cars share the roadways with commercial trucks, and when a collision occurs, drivers and their passengers often sustain extensive damages and injuries, sometimes with tragic results.

Driving a truck for a living requires skill, patience, and the ability to react quickly. Commercial vehicles of all sizes need to be aware of their surroundings at all times. Passenger vehicles must also use caution when driving near these vehicles.

The following issues are the most common causes of truck-related collisions:

  • The driver was inadequately trained to operate the vehicle
  • The driver was operating the vehicle for more hours than allowable by law
  • Unrealistic schedules caused the driver to operate the vehicle recklessly
  • The trailer was packed incorrectly, causing the trailer to shift while moving
  • Proper maintenance was not performed on the truck, causing mechanical failure
  • Falling asleep while driving or using medications that make an operator drowsy

manchester truck crash lawyersHowever, it should be noted that these are not the only truck driver related issues that cause serious collisions. The Truck Safety Coalition provides an abundance of information on trucking crashes and is a good resource. The Federal Motor Carrier Safety Administration also provides helpful information.

Contact Experienced Manchester Truck Crash Lawyers for a Free Consultation

Have you or a loved one been injured in a truck-related collision? If so, 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!

For a free consultation, contact the Manchester truck crash lawyers at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 605-0547 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

nh car accident lawyers

The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

New Hampshire injury attorneys

Courts Wrestle with Damages When Pets are Injured

New Hampshire Injury Attorneys
Discuss Pet Injuries

The New Hampshire injury attorneys at Manning and Zimmerman Law know that furry, scaly, or feathered companions are nearly a given in most American homes (including ours). It is estimated that 68 percent of all American households own pets, and in 2017 these households spent over $69 billion on food, vet care, and more for their beloved companions. Clearly, an injury to a pet can be traumatic and expensive for owners, especially if it was caused by the negligence of another party. Consider these legal options:

Criminal and Civil Actions

Criminal charges: There are criminal laws against animal cruelty in all 50 states. If you believe there was willful and malicious intent to injure or kill your pet, the New Hampshire animal cruelty laws might apply. Immediately file a complaint with local law enforcement and provide as much detail as possible. If charged and found guilty, perpetrators of animal abuse can serve jail time and be held responsible for damages.

Civil action: According to the New Hampshire injury attorneys at Manning and Zimmerman Law, you may also be entitled to monetary damages in civil court if someone negligently injures or kills your animal companion, regardless of whether it was intentional or accidental. In these cases, you are generally entitled to the “market value” of your pet. Pets are considered property, and a market value is assigned based on a number of factors, including but not limited to:

  • Pedigree
  • Purchase price
  • Special abilities, training, or awards
  • Age and general health

You may also recover the veterinary costs incurred while caring for your pet after the injury.

Emotional Distress

Legal descriptions aside, we all know that pets are not mere personal property. They become beloved friends, companions, and part of the family. Over the years, pet owners and animal advocacy groups have pushed the courts to recognize emotional distress after a pet is negligently injured or killed. One recent case of note involved a 2012 lawsuit filed by a family in California after a neighbor attacked the family dog with a baseball bat. The injuries were so severe that surgery was required. The family was awarded veterinary costs as well as damages for emotional distress.

However, most courts have followed years of precedent and ruled against recognizing emotion-based damages in animal injury cases. In the recent case of a dog that was accidentally euthanized, the Supreme Court of Texas said: “We acknowledge the grief of those whose companions are negligently killed. Relational attachment is unquestionable. But it is also uncompensable. We reaffirm our long-settled rule … Pets are property in the eyes of the law, and we decline to permit non-economic damages rooted solely in an owner’s subjective feelings.”

Visit the Animal Legal Defense Fund for more information on what to do if your companion animal has been wrongly injured or killed.

10 Steps to Follow After a Pet Injury

Aside from the pain, an injured pet will most likely be confused or scared. Take these 10 steps immediately after your pet is hurt:

  • First and foremost, be aware that injured pets may bite or scratch even their owner. Pain and fear can make your pet unpredictable.
  • Perform an examination slowly and gently. Stop if the pet becomes more agitated.
  • If necessary, muzzle your pet – but NOT if it is vomiting.
  • Call your veterinarian or emergency vet clinic before you arrive so they can prepare.
  • Stabilize any injuries if you can with splints, bandages, etc.
  • Transport the animal in a carrier to prevent additional injuries.
  • Keep your pet’s medical records accessible and bring them with you. Take copies on vacation as well.
  • If your animal has been mistakenly or deliberately injured or killed, take pictures. Include wide shots of where they were found and close-ups of injuries. Ask your veterinarian to document all injuries.
  • Following your veterinary visit, contact law enforcement. Report the incident and ask them to come to the scene. Get contact information for any and all witnesses.
  • If your animal has been killed, ask your veterinarian to perform a necropsy to determine the cause of death.

This comprehensive Pet First Aid brochure from the American Veterinary Medical Association can be printed, filled out, and kept with your pet’s medical records in the event of an injury.

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Contact New Hampshire Injury Attorneys for a Free Consultation

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!

For a free consultation, contact the New Hampshire injury attorneys at the Law Office of Manning & Zimmerman PLLC. We may be reached at (603) 239-2315 or by email at info@MZLawNH.com. We may also be contacted by using the “contact us” or chat feature on our website.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The New Hampshire injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.

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Civil Litigation Could Help End Human Trafficking

Human trafficking is a form of modern-day slavery. Traffickers use force, fraud, or coercion to control victims for the purpose of commercial exploitation. This can encompass sexual exploitation, indentured servitude, forced labor, forced marriage, or even organ harvesting. Human trafficking is a silent and insidious industry that affects an estimated 45 million people worldwide, including an estimated 57,700 right here in the United States.

Human Trafficking Types
2012 global estimate of forced labor, International Labour Organization

MYTHSex trafficking is the only form of human trafficking. FACTLabor trafficking – a form of modern-day slavery – is much more common but rarely prosecuted. According to the International Labour Organization, 68 percent of human trafficking worldwide (and a majority in the U.S.) involves forced labor, 10 percent state-imposed labor and 22 percent forced prostitution.

MYTH: Human trafficking occurs only on the black market. FACT: Human trafficking touches many legitimate industries, including agriculture, mining, hospitality, restaurant and food services, domestic and home services, health care, the garment industry and more. In fact, most consumers here in America and throughout the world have likely benefited at some point from low-cost products or services made possible by men, women, and children who are forced into slave labor.

“On the Cusp of a New Movement”

Very few perpetrators are ever brought to justice through criminal proceedings. In the United States, for example, only 208 federal indictments were handed down for human trafficking in 2014, and only 18 of those were for alleged forced labor. Many reasons are cited for this failure, from corruption to insufficient resources for law enforcement to lack of political will. But as pointed out in a recent report by The Human Trafficking Pro Bono Legal Center, “a number of landmark cases heard by civil courts, as well as by regional and international human rights bodies, have resulted in significant verdicts.”

human trafficking
Men hired after hurricanes Katrina and Rita were held in forced labor by a U.S. company.

In one recent case, a U.S. maritime services corporation paid corrupt brokers for hundreds of skilled workers from India to help repair damage from Hurricane Katrina. After several workers sued, a jury found the company held the men in forced labor, awarding the workers $20 million. Meanwhile, food giants Nestlé, Cargill and Archer Daniels Midland are facing lawsuits in the U.S. for the alleged use of child slaves in cocoa farming in the Ivory Coast.

How Civil Litigation Could Help End Modern-Day Slavery

Civil litigation hits companies where it hurts, both in the bottom line and in the court of public opinion. Government leaders and rights advocates are beginning to push for more scrutiny of global supply chains, as exemplified by the California Transparency in Supply Chains Act, which was written “to ensure that large retailers and manufacturers provide consumers with information regarding their efforts to eradicate slavery and human trafficking from their supply chains…”

According to the Human Trafficking Pro Bono Legal Center, “Slowly, victims held in modern-day slavery are learning that they can bring their own suits for damages against the perpetrators. We are on the cusp of a new movement: accountability litigation to end modern-day slavery.”

How You Can Identify and Support Victims of Human Trafficking

Most victims of human trafficking are fearful of physical or legal retaliation for attempts to escape their situation. They are also manipulated and exploited into complacency. There are, however, many federal, state and local protections in place to help these people come forward. This is true even if they are in this country illegally or are involved in forced illegal activity. Be alert to these signs of human trafficking:

  • High-security measures in living areas
  • Large debts that can’t be paid off
  • Excessively long or unusual hours
  • Is not paid, paid very little or paid only through tips
  • Fearful, anxious, or submissive, especially if law enforcement is mentioned
  • Avoids eye contact
  • Poor physical health, including signs of abuse or malnourishment
  • Has no possessions, is not in control of money or identification
  • No knowledge of whereabouts or inability to provide a home address

For more details, click here.

If you suspect trafficking or are a victim or survivor yourself, contact the National Human Trafficking Hotline. Call toll-free from anywhere in the country 24-7, text, or chat online with a volunteer. You can also send an email or submit anonymous tips. Assistance is available in more than 200 languages.

Experienced.  Knowledgeable.  Personally Committed to Justice.

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The NH injury attorneys at Manning & Zimmerman Law invite you to subscribe to our newsletter. You can also follow us on Twitter.