Texting and Driving – A Deadly Combination
Monday, May 20th, 2013
By Jason R.L. Major – Concord, New Hampshire Attorney
With the ever-increasing proliferation of electronic communications devices, “texting” or SMS messaging, has become as common a means of communicating as telephones and emails. The usefulness of sending short, discrete messages in text form, combined with our on-the-go lifestyles, makes it tempting to try texting while you’re driving your vehicle. However, doing so is incredibly dangerous.
It is not hard to understand the danger with a little simple math. At just 50 mph, your car will cover 73 feet every second. A three second text message saying something as simple as “OK” will require you to travel 220 feet – more than 2/3 of a football field – with you eyes off the road. At 70 mph, you would travel over 300 feet to type the same simple text. More complicated messages could have you covering great distances with your eyes only intermittently on the road, and even then distracted by your thoughts about what you want to read or type on your phone.
This distraction and inattention to the dangerous task of guiding a two-ton missile down the road will predictably lead to serious accidents. TEXTINGNDRIVING.COM reports that 80% of crashes, and 65% of “near crashes” involve some form of driver inattention in the 3 seconds prior to the incident. According to DISTRACTION.GOV, the official US Government website publishing statistics on distracted driving, 3,331 people were killed and 387,000 people were injured in crashes involving a distracted driver in 2011. That number was an increase from the 2010 figure of 3,267 people being killed. It also reports that texting while driving increases your risk of being in an accident by 23 times compared to non-distracted driving.
Because of the increasing number of and severity of accidents involving texting while driving, the State of New Hampshire is joining other states in prohibiting texting while driving by enacting RSA 265:105-a:
RSA 265:105-a Prohibited Text Messages and Device Usage While Operating a Motor Vehicle
I. A person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation. A person does not write a text message when he or she reads, selects or enters a phone number or name in a wireless communications device for the purpose of making a phone call.
Tuesday, January 8th, 2013
In addition to a $100 fine for texting and driving, in the event a driver causes an accident while texting and driving he or she is at risk of being held “negligent per se.” Whenever someone causes another injury by violating a safety-based statutory standard like RSA 265:105-a, a jury is entitled to “presume” that they engaged in negligent conduct. That means that if you are the defendant who was texting and driving, you already have a strike against your ability to defend yourself from a finding of liability. If you are a plaintiff, it means that one element of your negligence case is all but proven right out of the gate, which puts you in a stronger position in a personal injury case.
The attorneys at Douglas, Leonard & Garvey, P.C. are well-versed in experienced auto accident cases. You should consult an experienced personal injury lawyer such as one at Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form for a free case evaluation.
Negligent Driving – Snow and Ice
Tuesday, January 8th, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Now that winter is here it is important to think about the hazards of snow and ice accumulation on vehicles during the winter season. Snow and ice falling from a moving vehicle can create hazardous driving conditions for vehicles travelling around them. To avoid this danger, it is necessary to take reasonable steps to remove the snow or ice accumulations.
Under New Hampshire State law, a driver can be cited for driving a vehicle in a manner that “endangers” or “is likely to endanger any person or property.” This may include large amounts of snow and ice that fall from a vehicle.
When driving, you should leave sufficient space when following vehicles to give yourself enough time to react and be able to avoid any snow/ice that may fall from another vehicle.
265:79-b Negligent Driving. — Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, I(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.
If you believe you are the victim of a motor vehicle accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Caps on Medical Malpractice Damages – Not in New Hampshire
Monday, January 7th, 2013
By C. Kevin Leonard – New Hampshire Medical Malpractice Attorney
With the problem of rising health care costs, in the news over the past couple of years are efforts in certain states to impose caps on the amount of damages a medical malpractice victim can recover. Those in favor of such caps argue that the limitation will help with health care costs. There are published studies that reveal such a claim is not supported.
While caps have been passed in other states, the New Hampshire Supreme Court rejected imposing such caps over 30 years ago in response to the New Hampshire Legislature’s law to limit the amount of damages recoverable for non-economic loss (pain and suffering) to $250,000.
Sunday, January 6th, 2013
In 1979, Carsen v. Maurer, the New Hampshire Supreme Court ruled that the cap was unconstitutional. In Carsen v. Mauer, the Court noted such a law treated victims of medical negligence different from victims of other kinds of negligence by restricting the damages they may recover for their injuries.
If you believe you have been the victim of a personal injury or medical malpractice, you should consult an experienced medical malpractice lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Caps on Personal Injury Damages – Not in New Hampshire
Sunday, January 6th, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
In a previous blog, we explained that in 1980 the New Hampshire Supreme Court rejected the legislature’s attempt to impose a $250,000 cap on pain and suffering or non-economic losses. Well, in 1990, those in favor of limiting such damage awards were back at it.
This time, the proponents wanted to impose a statutory cap of $875,000 for non-economic loss in all personal injury cases, which would include medical malpractice cases. Although the cap amount was higher, the Court rejected the idea of having a cap itself. In Birannigan v. Usitalo, the New Hampshire Supreme Court noted it was “unfair and unreasonable” to impose such a burden (limit on damages) on those severely injured and in need of compensation.
Thursday, January 3rd, 2013
In this time of rising health care costs, it is easy to come up with a simplistic (although incorrect) solution to the problem and target victims of personal injury. Our Supreme Court has rejected as unconstitutional previous efforts to single out personal injury victims with arbitrary caps or limits on their right to recovery non-economic or pain and suffering damages.
If you believe you have been the victim of a personal injury, you should consult an experienced medical malpractice or personal injury lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Getting Your Medical Records – Know Your Rights
Thursday, January 3rd, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A patient is entitled to a copy of his or her medical record but not the original. The New Hampshire Board of Medicine requires that a physician maintain the original record.
State law, RSA 332-I, allows patients to obtain a copy of their medical records for a limited charge. RSA 332-I states the following:
Monday, December 31st, 2012
Medical Records. — All medical information contained in the medical records in the possession of any health care provider shall be deemed to be the property of the patient. The patient shall be entitled to a copy of such records upon request. The charge for the copying of a patient’s medical records shall not exceed $15 for the first 30 pages or $.50 per page, whichever is greater; provided that copies of filed records such as radiograms, x-rays, and sonograms shall be copied at a reasonable cost.
You are entitled to get a copy of your medical records even if you still owe your doctor money. The Board’s rules, Med 501.02, also address a patient getting copies of their medical records.
If you have been injured in a personal injury or medical malpractice, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
2012 A Bad Year For Fatal Auto Accidents in New Hampshire
Monday, December 31st, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
The 2012 statistics for fatal crashes in New Hampshire show that increases in motorcycle fatalities and pedestrian deaths explain most of the rise in traffic deaths this year. Officials are uncertain why motorcycle and pedestrian deaths increased this year.
While the number of crashes may fluctuate from year to year, the primary causes remain the same according to New Hampshire State Police. About 75 percent of total traffic fatalities relate to impaired driving, distracted driving and speed, along with a lack of seatbelt use.
Analysis by the Department of Safety showed that August was the deadliest month in 2012, with 22 people killed in 20 separate crashes. September was next, with 11 crashes and 12 deaths.
As for seatbelt use, New Hampshire does not have a mandatory adult seatbelt law. Officials state that an estimated 75 percent of drivers here use their seatbelts voluntarily but about 71 percent of fatal accidents involve a lack of seatbelt use.
There’s a similar statistic related to the use of motorcycle helmets, which are also not mandatory in New Hampshire. Helmets were not used in 63 percent of fatal motorcycle crashes in 2012.
Monday, December 17th, 2012
Another disturbing increase is the number of alcohol related fatalities. From 2009 to 2011, 41 percent of fatal crashes were related to impairment by alcohol and/or drugs.
If you have been a victim of a car accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
THREE –CAR CRASH IN WEARE
Monday, December 17th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A three-car crash in Weare, New Hampshire happened when a dump truck crossed the center line and crashed into oncoming traffic. The driver was taken to the hospital for serious injuries.
Wednesday, December 12th, 2012
Hearing news reports of accidents in which people suffer serious accidents raises the topic of having enough insurance coverage. Unfortunately, in recent years, we have found that many drivers do not have adequate insurance coverage to compensate for their injuries. To adequately protect you in case the other at-fault driver has inadequate coverage, some experts recommend a minimum of $250,000/$500,000 policy, including at least $5,000-$10,000 for medical payments coverage.
If you have been the victim of a motor vehicle accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
SCHOOL BUS REAR-ENDS CAR STOPPED AT RED LIGHT
Wednesday, December 12th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Recently, a woman and her teenage daughter were transported to the hospital after their car was rear-ended by a school bus in Manchester, New Hampshire.
None of the children on the bus were injured. But the driver and passenger in the car complained of neck and back injuries and were taken to the hospital.
Wednesday, December 5th, 2012
Rear-end collisions are a frequent type of car accident in New Hampshire. These accidents happen even when, like the bus driver in this case, drivers are supposed to be paying attention and on the look-out. Like the victims in this accident, they were not at fault but now are injured and require medical treatment. This means they will also have medical bills and maybe lost wages.
Insurance companies hire adjusters and lawyers to protect them so it is important for accident victims to protect their rights. If you have been injured in a motor vehicle accident caused by the other driver, you need an experienced personal injury attorney to help you. You should consult one of the car accident lawyers at Douglas, Leonard & Garvey, P.C. by calling us at 1-800-240-1988 or fill out our online contact form.
5 MYTHS ABOUT PERSONAL INJURY LAWSUITS
Wednesday, December 5th, 2012
By Richard J. Lehmann – New Hampshire Personal Injury Lawyer
MYTH #1: Courts are clogged with too many personal injury lawsuits.
FACT: Personal injury lawsuits have been on the decline for decades. According to the National Center for State Courts (NCSC), tort cases declined by 25 percent between 1999 and 2008. (National Center for State Courts)
MYTH #2: Winning a lawsuit is like winning the lottery.
FACT: Most lawsuits result in relatively small verdicts. According to the Department of Justice’s Bureau of Justice Statistics (BJS), the median award is just $31,000 and award sizes have actually decreased over the years. (Bureau of Justice Statistics)
MYTH #3: Corporations are hit with excessive punitive damage awards.
FACT: According to the BJS, punitive damages were sought in just five percent of all tort trials where plaintiffs won. In New Hampshire, punitive damages are not allowed.
MYTH #4: There is an increase in medical malpractice lawsuits against doctors.
FACT: The number of malpractice payments to have dropped over the last 10 years. According to the NCSC, medical malpractice cases represent well under 2 percent of all civil cases. (National Practitioner Data Bank; National Center for State Courts)
MYTH #5: Most medical malpractice cases are frivolous.
Friday, November 16th, 2012
FACT: Medical malpractice cases tend to involve severe injuries. For instance, medical malpractice cases involve the death of the patient. Researchers have found few claims that were without merit. Most negligence claims were meritorious, with 97 percent of claims involving medical injury and 80 percent involving physical injuries resulting in major disability or death. Because these cases are very expensive to bring, it is hard to find medical malpractice cases that are without merit. (National Center for State Courts; New England Journal of Medicine; Los Angeles Times)
If you have suffered a personal injury, you should consult an experienced personal injury lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
FATAL CRASHES RAISE QUESTIONS OVER TESTING OLDER DRIVERS
Friday, November 16th, 2012
By Charles G. Douglas, III – New Hampshire Personal Injury Attorney
Several deadly motor vehicle accidents in New Hampshire in 2012 have raised questions about testing older drivers. For almost 50 years, New Hampshire required drivers 75 years old or older to pass a road-test before renewing their driver’s license. But in 2011, the law changed to remove the age-based requirement.
Based on statistics, drivers who are 75 and older are some of the safest drivers on the road, according to AAA. Older drivers have fatal crash rates the same as drivers in their late 20’s. Although New Hampshire no longer requires on-road testing for older drivers, there is an effort by some legislators to reinstate annual road tests for aging drivers. While this debate may continue, it is necessary for all drivers to drive responsibly so as not to cause injury to other drivers.
If you have been injured in a motor vehicle accident caused by the other driver, you need an experienced New Hampshire car accident lawyer. Please call one of the accident attorneys at Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form.
Contact Charles G. Douglas, III for a free case evaluation:
1-800-240-1988 or mail@nhlawoffice.com
