Spring is in the air.  After a winter like the one we’ve been suffering through this year, it feels like it can’t come soon enough.  However, as one recent news story makes clear, spring can bring its own unique brand of weather-related havoc.  The early spring roller coaster of snow and sleet followed by warm weather followed by more snow or sleet means that accumulated snow melts and re-freezes, and additional precipitation can make that virgin ice as slippery as greased Teflon.

Melting snow and ice also leads to the risk of an accident like the one detailed by WMUR at the following link: http://www.wmur.com/news/27065785/detail.html.  In that accident, a trucking company had allowed a layer of snow on a trailer to melt and re-freeze, creating a coating of heavy ice on top of the trailer.  A chuck of ice broke free and flew into the windshield of a car following on the highway, seriously injuring the driver.  While this accident may seem like a freak occurrence, it is not at all uncommon to see drivers who do no more than clear a view slit in their windshields and then drive away.  Smaller chunks of ice and snow that fly from these vehicles may not be enough to punch through a windshield like the one in the story link, but they can be enough to create a serious vision obstruction or distraction to following drivers.  New Hampshire law requires you to clean the snow from your vehicle before driving it.  Failing to do so can put you at serious risk of liability if snow or ice blowing off your vehicle causes an accident.

Melting snow during the day, followed by freezing temps at night is also the recipe for black ice.  Black ice, often with a thin layer of moisture on top, is the slipperiest type of surface you are likely to drive or walk on.  It is most likely to form on bridges, and at the edges of the road where fewer cars’ tires come into contact with the road.  You should use extra caution when driving immediately after the temperature has dropped from above freezing to a few degrees below freezing, and take special care when crossing bridges or coming near to the edges of the pavement under those conditions.

Just because spring is almost here does not mean that the weather cannot ruin your day with a winter weather-style hazard.  Until the temps stay well above freezing, keep your snow tires on, your vehicles clean of snow and ice, and be extra careful driving at night.

This year’s winter conditions have meant many people have been able to participate in a variety of winter activities, including snowmobiling. Snowmobiling is a lot of fun and with it comes a certain level of responsibility.  This means abiding by certain rules to avoid injuring yourself or others.  So far this year there have been many reports of  snowmobilers suffering serious personal injuries, including fatalities, from snowmobile accidents.

Guess what is the most common cause of snowmobile accidents?  According to the New Hampshire Fish & Game, riders need to stay on designated trails and keep their speeds down.  In two recent accidents, witnesses claim the drivers were operating at a speed greater than necessary to safely operate the snowmobiles.   One driver was killed while the other driver was left unconscious.

These snowmobile accidents remind us of the serious consequences from personal injuries.  Even less serious accidents than a fatality can have a long-term impact on accident victims and their families. So, remember, while you are enjoying yourself in whatever winter activity you are doing, please be safe and responsible.

If you are the victim of an accident or personal injury, please contact us if you need an experienced New Hampshire personal injury lawyer.

Recently, a New Hampshire woman was killed when she lost control of her car on a slippery road and hit a head-on into a school bus traveling in the opposite direction.  As New Hampshire drivers, and especially this winter, we have all experienced the horrendous road conditions.  Difficult road conditions require extra attention in order to maintain control of our vehicles and avoid auto accidents.

This fatal accident is a reminder of the serious consequences of auto accidents. In this auto accident, a 25 year old woman died at the scene of the accident.  However, even less serious accidents can have a long-term impact on victims and their families.  This disruption includes missed time from work, pressure from lost wages, multiple appointments for doctors and physical therapy and dealing with insurance adjustors trying to give you the least amount of compensation for your injuries.

If you are the victim in an auto accident, your focus needs to be on getting better.  This means following your doctor’s instructions.  We hope you stay safe this winter but please contact us if you need an experienced auto accident lawyer.  We will handle the insurance company so you can concentrate on your recovery.

This is Part II of the series on avoiding both personal injury and liability due to winter weather. In the first part, we discussed some winter driving issues. In this installment, we’ll discuss staying on your feet, and making sure your guests do as well.

In Part I, we made the recommendation to purchase and install a set of snow tires on your car to give yourself addition bite on slippery roads. Just like your car transmits all of your intentions through the four contact patches of your tires, your body transmits all of its intentions about walking (if you’re lucky!) through the contact patches of your shoes. For this reason, it is obviously important to choose winter appropriate footwear before venturing out in the slush, snow, and ice. Deep treads are recommended, as are shoes with good ankle support to keep your feet squarely placed on the ground.

Winter driving strategies also have parallels when it comes to transiting by foot. Like you would in your car, look for those paths that are well-worn by previous pedestrians. Use caution in planting your feet when you are forced to cover areas of uncertain traction. Try to avoid carrying heavy loads that place you off-balance when you are required to cover slippery ground. Avoid the temptation to rush.

In addition to taking care of your own safety with regard to winter-time walking, you may also have a duty to take precautions for the safety of others. If you are a landowner or business owner, you have a duty to take all reasonable precautions to mitigate against foreseeable risks to guests. In the winter, that means making sure that the walkways that guests are likely to use are properly shoveled and treated to reduce their slipperiness.

In the next blog, we’ll provide additional tips for dealing with imminent loss of control when you are driving on wintery roads.

The next several weeks will find many of visiting stores and malls to do holiday shopping, as the temperatures plummet and ice forms underfoot.  Commercial establishments owe a duty of reasonable care to keep the pathways and parking lots that you use to access their places of business free of dangerous accumulations of snow or ice.  Many such establishments do a fine job of this, but some do not.  Be on the lookout for ice, so you can avoid it and avoid a fall.  But, even if you are careful, you may still have an accident.  You may find yourself striding along a sidewalk, approaching the entrance to a mall or store, and suddenly your feet come out from under you.  You just fell on a patch of black ice because the people responsible for maintaining the premises did not salt or sand appropriately.

Of course, your first thoughts in such a moment will concern your injuries, if any, and the pain you are suffering.  In the event you decide to bring a claim later, however, it is best if you (or a friend or loved one on your behalf) can do a couple of things.  First, it is tremendously helpful to have photographs of the accident scene and of the dangerous conditions that caused the fall.  Photos will help show how visible the dangerous condition was, and will also come in handy if the store decides to oppose your claim by contending that the area was appropriately sanded or salted.  Second, the accident should be reported to the store so the store has notice of the accident and has the opportunity to investigate promptly.

Be safe out there, but if you have an accident, take the steps that will help you protect your rights.  Consult an experienced personal injury lawyer if you have questions

Black Friday brought us some black weather this year, with sleet and freezing rain making walkways and roads slippery.  This is not unexpected in New England, of course, but it serves as a useful reminder and warning of what to expect over the next several months.  Slippery surfaces bring the potential for mayhem and accidents.  It is time to think ahead and prepare for the snow, slush, and other precipitation that makes living in New Hampshire in the winter such a challenge.

For most people, the biggest worry in the winter is commuting.  Driving a car that is floating along on top of snow, slush, or even ice, can be nerve-wracking for even the most skilled and experienced drivers.  Without a doubt the single best investment you can make for winter safety is a set of high quality snow tires.  If you haven’t driven on modern snow tires, you really cannot appreciate what you are missing in the winter.  It is important to remember that every action you take behind the wheel is transmitted to the road through those four small contact patches where your tires meet the road surface.  Bad tires lead to a poor connection with the road.

Snow tires are really not “too expensive.”  When you consider that a good quality set of snow tires will last four, five, or possibly more winter seasons, they are really the cheapest form of insurance you can purchase to keep yourself and your loved ones safe in the winter.  Even if you decide not to buy dedicated snow tires, you absolutely should not drive on wintery roads with worn out tires of any sort.  The law requires that your tires have a minimum of 3/32 of an inch of tread.  That really is not enough for winter driving.  You want as much tread depth as you possibly can have so that your tires can find purchase in snow, and cut through slush.  In addition to putting you and your vehicle at risk, having badly worn tires could expose you to liability in the event you injure someone else an accident caused by loss of grip in the winter.

Even with snow tires (and especially without), winter driving requires a more delicate touch than driving the rest of the year.  You should steer, brake, and accelerate more gently, plan further ahead for stops, slow down earlier for corners, and leave much more room to the traffic ahead of you.  Often times on multi-lane highways, a relatively “dry” line will be created in one lane as the majority of traffic tries to take advantage of the tracks cut in the snow by preceding vehicles.  Obviously these “dry” lines have more traction, and are therefore somewhat safer to drive on.  However, in some weather conditions these paths can still be deceptively slippery, so one should not give into the temptation to follow the car ahead too closely.

Four wheel drive and all wheel drive are a great advantage in the winter, but they do not make you invincible.  The primary advantage that these systems give you is the ability to accelerate in slippery conditions.  They are generally also slightly more stable at speed.  However, AWD does not “create” traction.  AWD drive cars just make somewhat better use of the traction available when accelerating.  When it comes to turning and braking, you are still limited by the amount of traction your tires can provide.  AWD combined with poor tires is a recipe for disaster, because the AWD allows you to accelerate despite the lower grip of worn tires, but the tires’ limitations often reveal themselves suddenly when the driver is forced to stop or turn.  Just because you have AWD does not mean you should not invest in a good set of snow tires.

That’s it for Part I of the winter caution tips blog.  Part II will deal with precautions you should take for walking in the winter, and making your property safe for others to walk on.

The recent news story of a 6-year-old girl in Hillsborough, New Hampshire being mauled by a family friend’s pit bull is a reminder of how devastating dog attacks can be on the victim.

In this case, the girl was running near the chained dog when she fell.  The dog grabbed her by the arm and then bit her on the face.  The injuries were severe – tearing open her cheek and tearing a muscle in her face.  This young victim will have gone through hours of reconstructive surgery but will still have scars.

Under New Hampshire law, a dog owner is liable for injuries caused by their dog.  As for criminal charges, the first time a dog bites is a $100 fine, the second time, if within a 12-month period, is a $400 fine.  A third bite in one year may mean the dog owner is brought to court.  In the Hillsborough case, the dog owner was arrested and charged with endangering the welfare of a child for “keeping a vicious dog and allowing it to be near children.”

In dog bite cases, it is important to have an experienced New Hampshire dog bite attorney representing you against the insurance company.  They will help you understand your rights and maximize the recovery of damages.

Because your case is important to you, we suggest you consider the following criteria/factors when you choose a personal injury lawyer:

REASON #1

Select an Attorney with a Focused Practice

Some lawyers and law firms try to do it all.  It is important to choose an attorney who focuses on certain areas of the law.  You need to find out how much of that attorney’s practice is in the area of personal injury for victims.

REASON #2

Select an Attorney with Trial Experience

Many lawyers claim to handle personal injury cases.  Just look at the ads in the yellow pages or on TV.  It is important to choose an attorney that has actual experience taking cases to trial.  Insurance companies know which lawyers will take a case to trial and which lawyers just want to settle a case fast.  Without an experienced trial lawyer on your side, it puts you and your case at a disadvantage.

REASON #3

Select an Attorney with a Track Record

Your personal injury case is important to you because it affects you and your family.  Your case is the opportunity for you to get fully compensated for your damages.  It is important to choose an attorney that has a record of accomplishment and can deliver a full and fair trial verdict or settlement.

REASON #4

Select an Attorney with the Necessary Resources

Many personal injury cases require serious investigation and are expensive to prepare.  Your attorney will need to devote not only time to your case but the resources to hire medical experts, accident reconstruction experts or vocational rehabilitation experts, if necessary.  The lawyer should have staff dedicated to your case.  It is important to choose an attorney that has the resources to fully prepare your case.

REASON #5

Select an Attorney that Represents only Accident Victims

Many law firms try to have it both ways.  They have some lawyers that represent accident victims and other lawyers representing insurance companies.  It is important to choose an attorney whose loyalty is easy to read – one that only represents accident victims.

REASON #6

Select an Attorney Who Receives Referrals From Other Attorneys and Satisfied Clients

Some lawyers get most of their cases from an out-of-state 1-800 number or a telephone book ad.  Find out the source of the attorney’s personal injury cases.  It is important to choose attorneys who receive most of their cases from referrals from other lawyers or satisfied clients because that is a reflection on the quality and skill of their representation.

REASON #7

Select an Attorney Who Will take Your Case on a Contingency Fee

Make sure the attorney will agree that you will not pay attorney’s fees unless you recover in your case.  It is important to choose an attorney who will believe in your case and agree to work for a contingency fee.

In a case with serious injuries, having an experienced New Hampshire personal injury lawyer representing you against the insurance company will help protect your claim and maximize your recovery of damages.

Personal injuries happen every day in New Hampshire.  These injuries may have a long-lasting impact on the accident victims and their families.  Your personal injury claim is your one chance to put your life back together and recover all damages for your injury.  Having a lawyer on your side can help you with two important parts of your case.  The first thing is to make sure you get prompt and necessary medical treatment.  The second important thing is to make sure you receive full compensation for your injury.

Insurance companies have their own experienced adjusters or lawyers whose only job is to process personal injury claims and reduce the amounts paid to victims like you.  They rely on the fact that many accident victims do not get an experienced New Hampshire personal injury lawyer.  Without your own personal injury attorney, insurance companies count on the fact that you are unsure of what to do.  Without the necessary experience, it is not surprising that many injured persons give a recorded statement or provide signed authorizations for their medical records without legal advice.  Insurance companies are also aware that you do not know the fair value of your injury, which means you may accept a “quick and cheap” settlement.  Insurance companies want to pay you the least amount of money while your personal injury lawyer’s job is to get you the full and fair amount for your injury.

Choose the Right Lawyer for Your Case

In cases with significant injuries, you need a lawyer representing you against the insurance companies.  Choosing the right lawyer for your claim may make a difference in the amount of compensation you recover in your case.  That is why you need an experienced personal injury lawyer to represent you against the insurance company.  Count the number of lawyer advertising pages in your phonebook.  There are probably 10 or 20 pages of lawyers with full size ads.  Everyone has seen the 1-800-TV ads for lawyers claiming to be experienced accident lawyers.  Just because a lawyer has paid for expensive advertising does not mean that the lawyer is right for your case or even has the actual trial experience needed to protect your claim.

Before you “hire” your lawyer you should learn if the lawyer has actually had any trial experience.  Trial experience is one of the most important factors to consider in hiring your attorney.

Insurance companies know if your attorney is skilled and experienced in bringing a case to trial. The threat of an experienced trial attorney taking your case to trial puts pressure on the insurance company to offer you fair compensation.  The insurance company may raise the amount to resolve your case if your attorney is willing and able to go to trial to fight for your case.  Without this leverage, the insurance company will try to dictate the value of your case.  Having an inexperienced lawyer on your side may put your case at a disadvantage.

Make sure you protect your claim and maximize your recovery by having an experienced New Hampshire personal injury lawyer represent you.

As the weather gets colder and we all begin preparations for winter, many of us find ourselves operating dangerous machines.  We run wood processors and woodsplitters to ready firewood.  When the snow falls, as soon it will, we fire up our snowblowers.  Be careful with these machines!  A moment’s carelessness could cause you permanent injury and change your life forever.  Shutting the machine off when working on it is the only way truly to ensure that your body parts do not become grist for the machine’s mill.  Read the owner’s manual to determine what other safety precautions you should take in operating the machine.  Regardless of how familiar you may be with machines in general, do not assume that you know all the idiosyncrasies of your machine without having read the owner’s manual.

If you do suffer injury as a result of operating machinery, get medical treatment promptly, and consider consulting an experienced products liability lawyer as well.  A serious injury can have devastating consequences on your life.  You want to make sure you know your legal rights.