Vehicular Homicide Laws in New Hampshire

Vehicular Homicide Laws in New Hampshire

A new law was passed within the state of New Hampshire this year that will change the way court cases will proceed in regards to vehicular homicide charges. The state will now require the defendant to be responsible for burden of proof. The state will not have to prove that the driver of a vehicle was in violation of any motor laws. The state will only have to show that the driver was negligent in the operation of the vehicle that contributed to the crash taking place. This changes how lawyers will need to operate in regards to such cases.
Facing Homicide Charges?

If you are involved in a motor vehicle accident case in the state of New Hampshire that resulted in the death of other individuals, you will need a knowledgeable lawyer to assist you with providing the burden of proof. You will need a lawyer to be able to show that you were not negligent while driving and this may be difficult to do based on your individual case.

Benefits of Hiring an Experienced Accident Attorney

Because of the change in law, lawyers for the defendant in such a case will have to work harder to be able to prove their client is innocent. If you ever face such charges within the state, you want to be sure to hire an attorney that has researched the change in law as well as has experience with such cases in the past. This way, you can feel comfortable that you are represented well and will be able to avoid any jail time or fines based on the new law.


As soon as such an instance takes place, contact a personal injury attorney in New Hampshire to have your story heard. You want to have a team of lawyers supporting you from the very beginning to be able to fight the charges and be successful if the case goes to trial.


By Richard Monteith


___________________________________________________________________________

New Hampshire Auto Fatalities on the Rise - Avoid an Accident this Labor Day

How to Avoid an Accident this Labor Day

Traffic fatalities are on the rise in the United States and New Hampshire is at the top of the list when it comes to the largest increase in accidents involving deaths within the past two years. The latest report by the National Safety Council shows that fatalities are continuing to rise with an increase of 9% within the first six months of this year when compared to the same time frame last year.
New Hampshire actually ranked 3rd among the states with the highest increase in driving fatalities. For drivers this Labor Day, it is important to learn how to stay safe. Holidays can be the worst time to be on the road as fatalities are more likely to occur due to negligent behavior. Travel has picked up as well as the economy which has led to more vehicles on the roadways, which then leads to more accidents.

Avoiding an Accident

The best way to avoid an accident is to avoid the roadways. If you must travel, be aware of your surroundings. Avoid traveling late at night as many individuals like to drink then drive, which makes the roadways extremely dangerous. Check points are always posted during the Labor Day weekend so police can hopefully catch those who have had a bit too much to drink but everyone is not always caught. Try to get your traveling done during the day or before the weekend so you can relax at home and not have to worry about driving.

Take Less Traveled Roads

If you need to travel for any reason during the Labor Day Weekend, try to take less traveled roads. Stick to neighborhoods and back roads instead of the major highways. The speed limit is much faster on the major highways which can lead to traffic accidents. Limit your high speed travel to avoid an accident.

If you find that you are involved in a motor vehicle accident on the roadways during Labor Day Weekend, be sure to get off the highway. Get on the shoulder and contact police right away for assistance. You want to put yourself and any family or friends a safe distance from the busy roadways. If there is damage to your vehicle or someone is seriously injured, working with an attorney is a must. If injured, when physically possible, contact a trusted New Hampshire personal injury attorney who can help you with your individual case.


By Richard Monteith


_________________________________________________________________________

How To Protect Yourself In A Hit And Run In New Hampshire

Were You Are Involved In A Hit And Run In New Hampshire?

In our day-to-day lives, we have either stumbled upon a hit and run victim, know someone who was or have experienced the situation first hand. It is usually a confusing state and an individual is left gnashing their teeth and quite uncertain on how to get compensation for damages. You want to know how you can protect yourself when you encounter such an incident.

Hit and run accident

 
One of the first things you ought to do is know what you’re claiming and in this case, it is a hit and run claim. Basically, a hit and run is an accident in which a driver intentionally flees the scene. For example, when a car hits you and speeds off. In this scenario, just by the motorist fleeing and leaving the scene makes you liable. Also, to be included in hit and runs are parking lot collisions. If you hit an unattended car in the parking lot and fail to leave your contact information, that qualifies as a hit and run.

What to do

The question that is on many hit and run victims’ minds is what to do after such an accident? At this point most people are stressed, but it actually helps to keep calm and gather information on the car that hit you. You want to look out for the make, model, and license plate number to mention a few. It would be an added advantage if there were witnesses to the accident and ask for their contact information. Before leaving the scene, be sure to write the location of the accident, the time it happened, and take pictures of the scene.

Police involvement

Involving the police once the hit and run accident occurs is a sure way to protect yourself.  Immediately after the accident happens, be quick to dial the police and file an accident report. The advantage of doing so is that even if the police do not find the driver, having a police report can quicken the auto claims process.

Hit and run accidents can be classified as felony or misdemeanors. Felony hit and run occurs when a motorist flees the scene where there is any type of injury to a person and attracts graver penalties than hit and run misdemeanors. Though misdemeanors seem relatively minor, they also attract a significant fine.

Insurance claims

Unfortunately, victims of hit and run accidents are often forced to collect from their own insurance policies unless the driver can be found. If the motorist can be found, you can get the car insurance information and file a claim with their car insurance. If the driver did not have sufficient coverage, you can seek the services of an auto accident attorney and the court system. However, in most hit and run cases the victims cannot identify the driver. Some ways of identifying the driver is involving the police, asking eyewitnesses, and requesting business owners around the scene to check their video cameras for footage.

There is hope after all for hit and run victims provided you take the right steps in safeguarding your rights and follow up on legal aid. You will most likely be compensated for any damage caused.




By Richard Monteith



___________________________________________________________________________

Car Accident Safety Tips on Halloween in New Hampshire

 
Traveling By Car This Halloween in NH?

Did you know that the most exciting American holiday is also the deadliest?  According to a 21-year study by Fatality Analysis Reporting System (FARS), an average of 5.5 road fatalities occur on October 31, about double the average daily record on any other days.  And about a quarter of road accidents occur between 6:00-7:00 PM, which is also the busiest trick or treating hour.  Most accidents were found to occur away from crosswalks or intersections.  And the children most at risk were between ages 12 to 15, followed by ages 5 to 8.

Among drivers, those between ages 15-25 account for nearly a third of all fatal accidents during Halloween, while ages 36-65 were least at risk.  Fortunately, car accident fatality occurrences in New Hampshire have been one of the lowest nationwide.  And in general, frequencies of Halloween-related car accidents have been declining over the years.  But of course you don’t want to be part of the statistics or be a cause of a fatality, do you? 

Here are some Halloween safety tips for drivers and passengers.

•    Wear your seatbelt at all times, even if you’re not driving fast.

•    Follow traffic signs and lights, even when there are no vehicles on opposing lanes
 
•    When you spot a group of trick or treaters, make a full stop and let them all cross.  Look around to see if any child might be trying to catch up with the group.

•    Turn your headlights on even when it is not fully dark.

•    Never drink and drive.  If you drink, make sure that you have a designated non-drinking driver to take your place at the wheel just in case you’ve had one drink too many.

•    If you are in costume and are driving, make sure that your costume doesn’t get in the way of being able to hold the wheel or stepping on pedals.  Take off gloves, headgear, footwear, or masks that may impede with your driving and cause accidents.

•    Avoid boisterous behavior in a moving car as it might distract the driver.

•    Slow down on dimly-lit streets and always be on the lookout for children or animals that may get in your path.

And for trick or treaters:

•    Watch out for approaching vehicles.  Don’t cross until the vehicle has made a full stop.
•    Adults should accompany kids or siblings who are younger than 12.

•    Obey traffic lights and signs.

•    Bring flashlights or lamps, but not matches or lighters.

•    Stick close to the other people in your group and don’t wander away by yourself. Cross together with the others.

•    Don’t wear headgear that could block your sight.  When walking, pull up your mask so you can see where you’re going.

By Richard Monteith

________________________________________________________________________

New Hand Held Electronic Device Laws for New Hampshire

Accidents can occur in an instant and there may be endless reasons or actions that cause them. One startling statistic pertaining to the cause of accidents has led to legislation aimed at prevention. According to the National Safety Council, roughly 26 percent of all vehicle accidents are the result of cell phone use. The phenomenon of distracted driving is a nation-wide problem and New Hampshire has stepped up the efforts to prevent those statistics from growing. Despite some opposition, the governor has passed legislation that will go into effect July 1, 2015. This new legislation is a state-wide ban on the use of hand held electronic devices while driving.

Texting & Driving Laws

As of now, there is a ban on texting and driving. This new law will ban the use of cell phones for conducting conversations, composing, reading, viewing, and sending electronic messages of any kind. Adults can use a hands-free system while behind the wheel to avoid breaking this new law. However, minors should understand any use of a cell phone, hands-free or not, is strictly prohibited. The ban also extends to putting information into a GPS system or other navigational device. The only exception to the ban on use of a cell phone is if the driver is calling 911, fire department, or other emergency personnel.

This law puts New Hampshire on the same page as a dozen other states and the District of Columbia. As it stands now, 43 states and the District of Columbia already ban texting and driving. If pulled over or involved in an accident, drivers won’t be able to use the excuse that they were unaware of the law because there is a marketing campaign underway to spread the word before the law takes effect. The campaign features a slogan that is resonating with residents. The slogan is “Hands Free, a Better Way to Be”.

For Employers

Employers need to understand how they may be held liable for the actions of employees under the new law. If an employee causes an accident while on a cell phone and it is proven that the employee was conducting business or following directions from an employer, that employer can be held liable in a civil court. For example, if an employee is on a conference call and wrecks or is putting an address in a GPS to deliver something on company time, the employer can end up paying damages in a civil case. A skilled injury lawyer in New Hampshire can investigate phone records or employer/employee training to determine if the employer can be held liable.

Car Accident Related To Hands Free Violations

Any kind of accident can be devastating for people and their families. Lives can be altered forever when injuries lead to disability or the inability to work again. On-going medical treatment, expensive therapies, and the unknown pace of a recovery can add stress and anxiety to an already upsetting situation. When an accident is caused by distracted driving and cell phone use, the devastation may seem worse. No victim should just accept this kind of accident as fate. If you are injured, you deserve compensation for your pain and suffering. It would be highly beneficial for you to have a New Hampshire car accident lawyer is in your corner fighting for your rights. An experienced auto accident attorney can determine if a violation of the new ban played a role in your accident. Then, let an accident attorney fight for a settlement that will help you move forward.

By Richard Monteith

______________________________________________________________________

Avoid a DWI at Laconia Bike Week 2015

Since 1916, thousands of riders across the United States have flocked to Laconia, New Hampshire every year for the annual Motorcycle Week, taking place this year from June 13th to June 21st. Though fun, rallies like these have a tendency to escalate, so aside from information on the event, I’ll provide a few tips to avoid any DWIs while you’re out there.

What is Laconia’s Motorcycle Week?

Laconia’s Motorcycle Week is a gigantic gathering
of motorcycle enthusiasts and riders, a rally of sorts. It began in 1916 as a large gathering of a few hundred motorcyclists on a beach in Laconia. Soon it was included as a part of the Gypsy Tour, another motorcycle rally. Gradually participants began arriving in greater and greater numbers, extending what was once a weekend event into a weeklong affair. And so, Laconia’s Motorcycle Week was born. It is the oldest motorcycle rally in the United States, regularly attracting hundreds of thousands of participants. With the countdown already begun for its 100th birthday, this year’s event should have even more participants than usual.

What are the events?

There is no shortage of events to choose from at Laconia’s Motorcycle Week. During the day, you have the option to take guided scenic rides through the stunning White Mountains, or the picturesque Lake Winnipesaukee. If that’s not really your speed, you can always partake in some oil wrestling or mechanical bull riding at the Broken Spoke Saloon. You can also take a visit to the American Police Motorcycle Museum, or the Laconia Roadhouse. And, of course, you can enter into one of the countless bike shows that abound during Motorcycle Week. Aside from these there is live music every night, with a huge range of talented artists set for the lineup.

Avoiding DWI/DUIs

Where there are hundreds of thousands of riders gathered in a single place, the cops are sure to follow. And follow they do. In addition to the standard police force, elements from New Hampshire’s State Troopers are brought in to help maintain the peace as well. Because of the increased police presence, not to mention the incredible amounts of alcohol that will be available at the rally, getting slapped with a DWI/DUI is easier than ever. But you don’t have to have your fun cut short by jail time.

Here are a few suggestions to help you avoid DWI/DUIs:

•  Keep track of the amount of alcohol you consume, and make sure that you are not drinking on an empty stomach.
• Understand your tolerance levels for alcohol: only you know exactly how much you should be drinking. Take this into consideration when consuming alcoholic beverages.
• Keep an eye out for drivers who might be under the influence themselves, and do your best to avoid them. The greater number of motorcycles around during Motor Week means that accidents are far more likely to occur in any case, and adding intoxicated drivers to that mix will undoubtedly result in serious injury for a party involved.
• Have contact information available to a reputable DUI attorney in New Hampshire

The fact of the matter is that there are bad drivers out there. They put themselves and everyone else on the roads at risk. If you do have the misfortune of being involved in a motorcycle accident, make it one of your top priorities to acquire an experienced motorcycle accident attorney in NH. It could mean all the difference to your case to have a qualified individual fighting on your behalf.




By Richard Monteith


________________________________________________________________

Spring Motorcycle Safety Tips in New Hampshire

Spring has finally arrived in New Hampshire. And with the warmer temperatures come a brand new riding season! If you’re like most riders in New Hampshire, you have had your motorcycle in some sort of storage or garage for the last few months. Or maybe you opted to save a little cash and store your bike yourself. Wherever it has been all winter, you can finally break it out of its hiding place and take it for a spin.

But keep in mind that even with the utmost care and attention during the winter months, the fact remains your motorcycle was lying unoccupied for a significant amount of time. It will, without a doubt, require a bit extra upkeep before your next trip. Here are some pointers on making sure you keep your motorcycle in the best form possible, and a few tips on general motorcycle safety as well.

 
Do a Thorough Checkup

Even if you’ve done it a million times before, it still pays to give your motorcycle a comprehensive once-over before riding it again. As you have no doubt heard before, the Motorcycle Safety Foundation (MSF) provides a quick acronym-based checklist that should ensure that you cover all of your bases. The T-CLOCS check (which stands for Tires, Controls, Lights, Oil, Chassis and Side stand) should take no longer than five minutes, and it is definitely worth your time to make sure that everything is in proper working order.

Dress Safely

Wear conspicuous clothing, especially if you will be driving at night. Obviously, this will help the other drivers on the road notice you better, but in doing so, you will also prevent a good deal of unnecessary collisions. In addition, always wear a durable, well-fitted helmet. That may seem self-evident, but a large number of motorcycle collisions result in deaths that could have been prevented if only the rider were wearing a helmet.

Think Carefully Before Taking a Passenger

This is something best suited for experienced drivers, which is something that you may well be. But if you have only been riding for a short period of time, refrain from adding a passenger to the mix until you get better acquainted with your bike.

If you’re going to be riding with another person, make sure that they understand the rules of the road as well as you do. If not, clearly and concisely explain what is expected of them before the trip. Double-check that they have protective gear that fits them and a helmet that they feel comfortable wearing.

Consider Professional Rider Training

It has numerous benefits, many of which (like possible insurance discounts) you may not even be aware of. Aside from improving your skills and giving you a bit more confidence, many states will even waive some or all of the requisite licensing test if you’ve taken a course of some sort.

Use these tips, and your own common sense, to stay safe on the roads this spring. Unfortunately though, there are careless drivers out there, and if you do have the misfortune of getting into an accident, be sure to hire a good motorcycle accident lawyer. A great lawyer could mean the difference between a period of recovery free from financial worry and the exact opposite.

By Richard Monteith

_____________________________________________________________________