Proving Liability in Your Car Accident Case
The challenge of a car accident claim is being able to prove why your car accident happened. Knowing that the other driver hit you is a good start, but proving it with convincing evidence is much more critical. This is where our car accident lawyers in Concord can make a huge difference in your case.
Thanks to our experience and insight, we can search for various forms of evidence in places you might not have thought of. We can also network with outside experts for assistance, such as medical experts who can testify about the severity of your injuries and how they will affect your life in the future.
Accident reconstruction specialists can be invaluable in clarifying liability. By working out the precise dynamics of the accident, these experts provide crucial insights that can transform the trajectory of your proceedings. Moreover, gathering comprehensive police reports, analyzing traffic camera footage, and obtaining eyewitness testimonies can fortify your position.
At Upton & Hatfield, LLP, we understand the importance of building a well-documented foundation for your claim, enhancing your position during negotiations or trial.
Understanding Shared Fault & Liability
Even though you are a responsible driver, you know that everyone can make a mistake now and then. If you suspect that your mistake might have partially contributed to your car accident, are you still allowed to seek compensation from the other driver? It depends on just how much you did wrong compared to them.
New Hampshire has a 51% comparative negligence rule. This law states that you can seek a recovery from another party through an injury claim as long as you were not 51% liable or greater for your damages. In other words, the other person has to be at least as liable as you for your claim against them to be legally valid.
Consider this example of divided liability in a car accident in New Hampshire:
You are driving while using the GPS on your phone. You glance at it for a second because it just gave you a new instruction about an upcoming turn. At that moment, a drunk driver swerves into your lane suddenly and a crash ensues. You are found to be 20% liable for the accident because you were using your phone. Because your liability is below 51%, you can still bring a claim against the drunk driver. In this situation, you could demand 80% of your damages from that driver, which is 100% minus 20% to reflect your percentage of liability.
Understanding comparative negligence is crucial in building a solid strategy. At Upton & Hatfield, LLP, our approach involves meticulous analysis of all players involved in the incident. By leveraging this understanding, we ensure that our clients' rights to compensation are secured, even in complex scenarios of shared fault.
Frequently Asked Questions
What Should I Do Immediately After a Car Accident?
The time immediately following a car accident can be disorienting, but it's crucial to take certain steps to protect yourself legally and physically.
First, ensure that everyone involved is safe and call emergency services if needed. You should gather contact and insurance information from all parties and, if possible, take photographs of the scene and any damage. Seeking medical attention immediately, even if you feel unhurt, is vital because some injuries manifest later. Document any symptoms and keep records of all medical visits.
Once you secure immediate safety and health, contacting a car accident lawyer in Concord, like those at Upton & Hatfield, LLP, is advisable to guide you through the process of protecting your rights.
How Can a Lawyer Help in My Car Accident Case?
While it may seem straightforward to handle a car accident case on your own, having a lawyer from Upton & Hatfield, LLP can significantly enhance the outcomes. Our team adeptly handles communication with insurance companies, ensuring no critical details are overlooked while advocating for you throughout the claims process.
We also assist in gathering vital evidence, consulting with experts like accident reconstructionists, and securing your full entitlements by building a robust case. This personalized legal support translates to less stress and a greater likelihood of securing a favorable resolution to your circumstances.
What If I'm Partially at Fault in the Accident?
Being partly at fault in an accident doesn't necessarily exclude you from recovering damages in New Hampshire, thanks to the comparative negligence rule. As long as you're not more than 51% responsible, you can still pursue compensation.
Determining these percentages requires a thorough evaluation of the incident, which is where having Upton & Hatfield, LLP on your side becomes invaluable. We work diligently to present evidence demonstrating the degree of liability each party holds, ensuring you receive a just and fair evaluation.
How Long Do I Have to File a Car Accident Claim in New Hampshire?
Understanding the statute of limitations for filing a car accident claim in New Hampshire is critical. Legally, you have three years from the date of the accident to initiate a personal injury claim. This may seem like ample time, but gathering evidence and building a convincing case requires prompt action.
Engaging our services at Upton & Hatfield, LLP ensures that all processes are efficiently managed, giving you peace of mind and optimizing the chance of achieving the compensation you deserve.
100+ Years of Collective Legal Experience – Call Now
Our Concord car accident attorneys bring more than a century of total practice experience to each case we accept. With that much work behind us, we are confident that there is nothing that develops in your case that can surprise us. We will be ready for anything, so your case can have a true chance of succeeding.
We have cultivated lasting relationships within the Concord community and built professional networks that enhance our ability to provide robust legal support. Our extensive involvement in numerous cases has granted us insights into the specific challenges faced by locals.
Schedule a free case evaluation today to begin.
