Injured by a Speeding Driver in New Hampshire? Get Compensated

Understanding Speeding Accidents and Your Legal Rights in New Hampshire

Speeding remains a leading cause of motor vehicle accidents across the United States, and New Hampshire is no exception. While our scenic routes offer breathtaking views, they can quickly become dangerous when drivers disregard speed limits or fail to adjust their speed to prevailing conditions. If you've been involved in an accident caused by a speeding driver in the Granite State, understanding your legal rights and the steps to take is crucial for securing the compensation you deserve.

The Dangers and Legal Implications of Speeding

Speeding isn't just about breaking the law; it significantly increases the risk and severity of accidents. When a vehicle travels at excessive speeds:

• 💨 Reaction time is reduced: Drivers have less time to perceive and react to hazards.
• 🚶 Stopping distance increases: It takes longer to bring the vehicle to a halt, especially on wet or icy roads.
• 💥 Impact force intensifies: Higher speeds lead to more severe collisions, resulting in greater property damage and more serious injuries.
• 💭 Control is diminished: Maintaining control of a vehicle, especially around curves or over uneven terrain, becomes much harder.

In New Hampshire, speeding is a violation of traffic law (e.g., RSA 265:60). More importantly, for personal injury claims, a speeding driver is often considered negligent. Negligence is the failure to exercise the care that a reasonably prudent person would have exercised in similar circumstances. Driving above the posted speed limit, or too fast for conditions (such as heavy rain, snow, or fog), directly violates a driver's duty of care to others on the road, laying the groundwork for a personal injury claim.

Establishing Fault: New Hampshire's Comparative Negligence Rule

One of the most critical aspects of any car accident claim in New Hampshire is establishing fault. In a speeding accident, the fact that the other driver was speeding is strong evidence of their negligence. However, proving fault isn't always straightforward, and New Hampshire's modified comparative negligence rule (RSA 507:7-d) adds another layer of complexity.

Key Elements to Prove Negligence:

1. 📌 Duty of Care: The speeding driver owed you a duty to operate their vehicle safely and lawfully.
2. 🚨 Breach of Duty: The speeding driver breached this duty by exceeding the speed limit or driving too fast for conditions.
3. 👉 Causation: The speeding driver's breach of duty directly caused your accident and injuries.
4. 💰 Damages: You suffered actual damages (injuries, financial losses) as a result of the accident.

New Hampshire's Modified Comparative Negligence (The 50% Rule):

Under this rule, if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. Crucially, if you are found to be 51% or more at fault, you cannot recover any damages. This is why a thorough investigation and strong legal representation are vital, especially if the other party or their insurance company tries to shift some blame onto you.

Immediate Steps After a Speeding Accident in New Hampshire

The moments following an accident can be chaotic and frightening, but the actions you take immediately afterward can significantly impact your future legal claim. Here’s what you should do:

• 🚧 Ensure Safety: Move to a safe location if possible, and turn on your hazard lights.
• 🚔 Call 911/Police: Always report the accident to the local police or New Hampshire State Police, especially if there are injuries or significant damage. A police report creates an official record of the incident, which is invaluable for your claim.
• 📸 Document the Scene: Use your phone to take extensive photos and videos. Capture vehicle damage, the position of vehicles, road conditions, traffic signs, skid marks, debris, and any visible injuries. The more evidence, the better.
• 📄 Exchange Information: Get the other driver's name, contact information, insurance details, and vehicle make/model/license plate number. Do not discuss fault at the scene.
• 💬 Seek Witness Information: If anyone saw the accident, get their names and contact details. Their testimony can be crucial.
• 🧑 Seek Medical Attention: Even if you feel fine, see a doctor as soon as possible. Some injuries, especially soft tissue injuries like whiplash, may not manifest for hours or days. Prompt medical documentation links your injuries directly to the accident.
• 🚫 Do NOT Admit Fault: Never admit fault or apologize for the accident, even if you think you might have made a minor mistake. This can be used against you.
• 🧑‍⚖️ Contact a New Hampshire Car Accident Lawyer: This is perhaps the most critical step. An experienced attorney can guide you through the complex legal process, protect your rights, and handle communication with insurance companies.

Common Mistakes That Can Harm Your Claim

Navigating the aftermath of a car accident is challenging, and certain missteps can jeopardize your ability to receive fair compensation. Be aware of these common pitfalls:

• 🚫 Delaying Medical Treatment: A gap in treatment can lead insurance companies to argue that your injuries weren't caused by the accident.
• 💤 Admitting Fault (Even Partially): Any statement implying fault, however small, can be used to reduce or deny your claim under NH's comparative negligence law.
• 📞 Speaking to the Other Driver's Insurance Company: Insurers are looking to minimize payouts. They may record your statements and try to get you to settle for less than your claim is worth. Let your lawyer handle all communication.
• 📷 Posting on Social Media: Anything you post can be taken out of context and used against you to suggest your injuries aren't as severe as claimed. It's best to stay off social media regarding your accident and injuries.
• 📅 Missing Deadlines: Failing to file your lawsuit within the statute of limitations can permanently bar you from recovering compensation.
• 🧔 Not Gathering Sufficient Evidence: Without documentation like photos, witness statements, and medical records, proving your case becomes much harder.

Types of Compensation Available in New Hampshire

If you're injured in a speeding accident in New Hampshire, you may be entitled to recover various types of damages. These are broadly categorized as economic and non-economic damages.

💸 Economic Damages:

These are tangible, quantifiable losses with a specific monetary value.

• 🏥 Medical Expenses: This includes emergency room visits, hospital stays, doctor appointments, surgeries, medications, physical therapy, rehabilitation, medical equipment, and future medical care costs.
• 💵 Lost Wages: Compensation for income you lost because you couldn't work due to your injuries, as well as loss of future earning capacity if your injuries impact your long-term ability to work.
• 🚗 Property Damage: Costs to repair or replace your vehicle and any other personal property damaged in the accident.
• 🔬 Out-of-Pocket Expenses: Any other accident-related costs, such as rental car fees, transportation to medical appointments, or home modifications.

🧠 Non-Economic Damages:

These are subjective losses that are harder to quantify but represent significant impacts on your quality of life.

• 😢 Pain and Suffering: Compensation for the physical pain and discomfort you endured as a result of your injuries.
• 😭 Emotional Distress: Includes anxiety, depression, fear, PTSD, and other psychological impacts stemming from the accident.
• 🚶‍♂️ Loss of Enjoyment of Life: When injuries prevent you from participating in hobbies, recreational activities, or daily functions you once enjoyed.
• 👪 Loss of Consortium: Compensation for the negative impact the injuries have had on your relationship with your spouse.

💰 Punitive Damages: It's important to note that punitive damages, which are designed to punish egregious conduct, are rarely awarded in New Hampshire personal injury cases unless specifically authorized by statute for certain circumstances. They are not typically available for ordinary negligence.

Hypothetical Case Examples in New Hampshire

Let's consider a few scenarios that illustrate how speeding accident claims might play out in New Hampshire:

💡 Hypothetical Case 1: Clear Liability, Moderate Injuries

Sarah is driving home on a two-lane road in Bedford, NH, adhering to the 45 mph speed limit. Mark, running late, speeds around a blind curve at 70 mph, loses control, and crosses the centerline, colliding head-on with Sarah’s vehicle. Sarah suffers a broken arm, a concussion, and significant whiplash. Her medical bills total $35,000, and she misses 6 weeks of work, losing $6,000 in wages. Her car is totaled. Because Mark was clearly speeding and negligent, and Sarah contributed no fault, she is likely to recover full economic damages ($35,000 medical + $6,000 lost wages + cost of new car) plus a substantial amount for pain and suffering and emotional distress, potentially putting her total settlement in the range of $100,000 to $200,000, depending on the severity and duration of her pain and recovery.

💡 Hypothetical Case 2: Comparative Negligence, Minor Injuries

John is driving 60 mph in a 45 mph zone on a busy road in Nashua. As he approaches an intersection, he fails to see Emily, who is making a left turn on a yellow light, partially obstructing the intersection. John swerves but still clips Emily’s rear bumper, causing minor damage to both vehicles and giving Emily whiplash and soft tissue injuries. Emily's medical bills are $8,000, and she misses a few days of work ($1,000). The insurance company investigates and determines John was 70% at fault for speeding, but Emily was 30% at fault for turning unsafely. Emily's total damages are assessed at $25,000 (including pain and suffering). Due to New Hampshire's comparative negligence rule, her recovery would be reduced by her 30% fault, leading to a settlement of $17,500 ($25,000 0.70).

💡 Hypothetical Case 3: Catastrophic Injuries from High-Speed Impact

On I-93 near Concord, David is driving excessively fast, weaving through traffic at over 90 mph. He clips a vehicle, loses control, and careens into a lane occupied by Maria, causing a devastating multi-vehicle collision. Maria sustains a traumatic brain injury (TBI), multiple fractures, and requires extensive surgeries, long-term rehabilitation, and will likely never return to her previous profession. Her current medical bills exceed $200,000, with future medical care estimated in the millions. She has lost years of high-income earning capacity. In this severe case, with clear and egregious speeding by David, Maria’s economic damages alone could easily be over a million dollars, and her non-economic damages (pain, suffering, loss of enjoyment of life) would be substantial. Settlements or jury verdicts in such catastrophic injury cases in New Hampshire could range from hundreds of thousands to several million dollars, depending on the full extent of lifetime losses and the available insurance coverage.

Compensation Ranges in New Hampshire (Illustrative)

It's important to understand that compensation in personal injury cases varies widely. There is no "average" settlement, as each case is unique. However, based on typical awards and settlements in New Hampshire, we can provide illustrative ranges:

• 💊 Minor Injuries (e.g., whiplash, minor sprains, soft tissue injuries with full recovery): Settlements typically range from $10,000 to $50,000. This covers initial medical bills, some lost wages, and a modest amount for pain and suffering.
• 🦻 Moderate Injuries (e.g., non-surgical fractures, concussions with lingering symptoms, significant physical therapy): Compensation might fall between $50,000 and $250,000. These cases involve more extensive medical treatment, longer recovery periods, and a greater impact on daily life.
• 🦴 Severe/Catastrophic Injuries (e.g., traumatic brain injury, spinal cord damage, permanent disability, requiring multiple surgeries or long-term care): Settlements can range from $250,000 to well over $1,000,000. These cases involve immense medical costs, significant loss of earning capacity, and profound, lifelong changes to the victim's quality of life.

These figures are merely estimates. The actual amount depends on many factors, including the severity of injuries, total medical expenses, lost income, strength of evidence, available insurance policy limits, and the skill of your legal representation.

Key Deadlines: The New Hampshire Statute of Limitations

One of the most critical legal warnings for accident victims is the statute of limitations. In New Hampshire, you generally have three years from the date of the accident to file a personal injury lawsuit (RSA 508:4). If you fail to file within this timeframe, you will likely lose your right to pursue compensation, regardless of how strong your case is. While three years might seem like a long time, investigations, negotiations, and compiling necessary documentation can take considerable time. It is always best to consult with an attorney as soon as possible after an accident.

The Role of Your New Hampshire Accident Lawyer

Engaging an experienced New Hampshire personal injury lawyer is paramount after a speeding accident. Your attorney will:

• 🔍 Conduct a Thorough Investigation: This includes gathering police reports, medical records, witness statements, accident reconstruction data, and any available dashcam or surveillance footage to establish the other driver's speeding and negligence.
• 📝 Calculate Your Damages: Accurately assess all your economic and non-economic losses, ensuring no potential compensation is overlooked.
• 🤝 Negotiate with Insurance Companies: Handle all communications and negotiations with the at-fault driver's insurance company, protecting you from common tactics used to minimize payouts.
• ⚖️ Protect Your Rights: Ensure you understand and meet all legal deadlines and procedures, including the statute of limitations.
• 📖 Litigate if Necessary: If a fair settlement cannot be reached through negotiation, your attorney will be prepared to file a lawsuit and represent your interests in court.
• 💳 Address Liens: Help manage any medical liens (e.g., from health insurance or medical providers) that may need to be paid back from your settlement.

In cases involving severe injuries or disputes over fault, your lawyer may also work with accident reconstructionists, medical experts, and economists to build a robust case demonstrating the full impact of the speeding driver's negligence on your life.

Important Considerations

• 🚦 Underinsured/Uninsured Motorist (UM/UIM) Coverage: This is vital in New Hampshire. If the at-fault speeding driver has insufficient insurance (underinsured) or no insurance at all (uninsured), your own UM/UIM policy can step in to cover your damages. Review your policy and consider increasing these limits.
• 📝 Impact of Criminal Charges: If the speeding driver also faces criminal charges (e.g., reckless driving, vehicular assault), this can sometimes strengthen your civil personal injury claim, though the outcomes of criminal and civil cases are separate.

Conclusion

Speeding accidents in New Hampshire can lead to devastating consequences, from serious injuries and extensive medical bills to lost income and profound emotional distress. If you or a loved one has been a victim, you don't have to face the complex legal and insurance systems alone. Understanding your rights, taking immediate action, and most importantly, consulting with an experienced New Hampshire car accident lawyer, can make a significant difference in the outcome of your claim. Your focus should be on recovery; let a legal professional handle the fight for your rightful compensation.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting with a qualified attorney licensed in your jurisdiction. Every case is unique, and the outcome of your specific legal matter may vary depending on the facts and applicable laws. We do not guarantee, and are not responsible for, the accuracy or completeness of any information provided herein, and we disclaim all liability for any actions taken or not taken based on any contents of this article.