Rural New Hampshire has many unpaved roads and trails that offer stunning scenery or are fun to explore with an Off-Road Vehicle. Most of these roads are well-maintained and safe to drive on. However, if the road is littered with debris or potholes or has become excessively muddy or slick after inclement weather, the risk of having an accident can substantially increase.
If you suffered injuries after an accident on an unpaved or dirt road in New Hampshire, you might be entitled to compensation for your injuries. Your ability to recover damages depends on who owns the road and their legal duty toward drivers using it.
PUBLIC ROADS
Under New Hampshire law RSA 231:90, local governments are responsible for correcting any “insufficiencies” in roads and sidewalks with reasonable promptness. However, insufficiencies only exist when a road is not safely passable by vehicles or people permitted to use it, or if a hazard on the road cannot be reasonably discovered or avoided by a person using the road in a reasonable, prudent and lawful manner. If the road conditions do not meet that definition, the municipality has no legal duty toward those using the road. Furthermore, even if an insufficiency exists and causes an injury, the municipality is not liable unless it has received written notice of the hazard and failed to correct it or post warning signs before the injury occurred.
Given the narrowness of the government’s responsibilities toward road users, holding a government entity liable for injuries sustained from an accident on an unpaved road can be an uphill battle. However, under the right circumstances, you can bring a successful case. If you have suffered an injury on a public road, discuss your situation with an experienced New Hampshire personal injury lawyer as quickly as possible.
PRIVATELY-OWNED ROADS
Private property owners have a greater responsibility toward users of their roads. They must maintain a reasonable standard of care to keep their roads hazard-free or give lawful visitors sufficient notice of any risks. If you become injured on an unpaved private road due to hazards the owner had a duty to resolve or warn you about, you may be able to bring a successful claim.
TENN AND TENN, P.A., PERSONAL INJURY ATTORNEYS
Suffering injuries in an accident can throw your life off track. If you experience a motor vehicle accident on an unpaved road through no fault of your own, contact the experienced attorneys at Tenn And Tenn, P.A. to assess your case. We help people throughout the state: Manchester, Concord, Nashua, Bedford, Derry and beyond. Call 1-888-511-1010 for your free consultation today, or reach out online for a case evaluation.