The November and December holidays are a time for family, celebration, and joy. Unfortunately, with more drivers on New Hampshire roads, fall and winter weather hazards, and increased rush, the holiday season also sees a significant spike in traffic and car accidents.
If you or a loved one is injured in a travel accident this holiday season, navigating the aftermath can feel overwhelming. Remember that the first step toward protecting your recovery and your peace of mind is knowing your legal rights.
Understanding New Hampshire’s Fault-Based System
Unlike "no-fault" states, New Hampshire operates under a fault-based system for auto accidents. This means that the individual who caused the collision is legally responsible for any resulting harm.
As an injured party, you generally have three avenues to pursue compensation after the accident:
- Filing a claim with your own insurance company (if you have applicable medical payments coverage).
- Filing a third-party claim directly with the at-fault driver’s insurance carrier.
- Filing a personal injury lawsuit in a New Hampshire court to pursue full damages.
New Hampshire also follows a "modified comparative fault" rule. In this rule, you can still recover damages as long as your share of responsibility is not greater than the defendant's (50% or less). However, your final financial recovery will be reduced by your percentage of fault.
Common Causes of Holiday Travel Accidents
Holiday traffic brings specific dangers to Granite State roads, including:
- Distracted Driving: Checking navigation apps, texting family about arrival times, or managing passengers can dangerously take a driver’s focus off the road.
- Impaired Driving: Holiday parties often involve alcohol. Driving under the influence remains a leading cause of severe seasonal collisions.
- Driver Fatigue: Long hours of driving after a full workday or holiday event can severely impair reaction times.
- Winter Weather Conditions: Snow, black ice, and freezing rain require drivers to reduce speed. Failing to adjust driving habits to weather conditions constitutes negligence.
Crucial Steps to Take After an Accident
If you are involved in a collision during your holiday travels, taking these immediate steps can protect both your health and your legal rights:
- Seek Medical Attention: Remember, your health should always be the top priority. Some injuries, like whiplash or internal trauma, may not show symptoms until days later.
- Report the Collision: Call local or state police to ensure an official accident report is generated.
- Document the Scene: If safe to do so, take photographs of the vehicle damage, road conditions, and visible injuries. Exchange contact and insurance information.
- Avoid Admitting Fault: Keep conversations with the other driver and insurance adjusters strictly objective. Avoid apologizing or accepting blame, as these statements can be used to undervalue your claim.
Protecting Your Rights This Holiday Season
Dealing with insurance companies while recovering from an injury can be incredibly stressful, especially during what should be a festive time of year. Insurance adjusters frequently attempt to settle claims quickly and for far less than victims truly deserve. You do not have to handle this heavy burden alone. At Douglas, Leonard & Garvey, P.C., we are dedicated to helping our neighbors navigate the legal process with compassion, dignity, and professional expertise. We will thoroughly investigate your accident, manage the insurance companies, and fight for the full compensation you deserve for medical bills, lost wages, and pain and suffering.
If you or a loved one has been injured while traveling, contact Douglas, Leonard & Garvey, P.C. today at (603) 288-1403 for a free, confidential consultation.