Car accidents happen every day and when they do, determining who is at fault is crucial. In New Hampshire, the law operates under a concept called comparative fault. This means that more than one person can be responsible for an accident. If you’ve been in a car accident and you’re wondering how this might affect your case, understanding comparative fault is key.
When an accident occurs, insurance companies and sometimes courts look at the actions of both drivers to figure out who caused the crash. In some situations, both drivers could be found partially at fault. The idea of comparative fault allows the blame to be shared, and the amount of compensation a person can receive is directly affected by how much they were at fault for the accident. Knowing how this system works in New Hampshire can help if you find yourself in a car accident and are trying to seek compensation for your damages or injuries. At, Tenn And Tenn , we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
What Is Comparative Fault?
Comparative fault is a legal principle that determines how much responsibility each party in an accident carries. This means that the blame for the accident can be shared between both drivers, based on their actions at the time of the crash. For example, if two drivers are involved in a car accident and it’s determined that one driver was speeding while the other failed to yield, the fault could be split between them. In New Hampshire, even if you are partly to blame for the accident, you may still be able to recover some compensation for your injuries and damages.
The key is that your level of fault will reduce the amount of money you can receive. If you are found to be more than 50 percent at fault, however, you may not be able to recover any compensation at all. This is known as the 51 percent rule in New Hampshire.
How Is Fault Determined in a Car Accident?
After a car accident, determining who is at fault can be complicated. Insurance adjusters, lawyers, and sometimes the courts look at the evidence from the accident to figure out what happened. This can include the police report, witness statements, and photos from the scene. They will review the actions of both drivers to see if one or both broke any traffic laws or behaved carelessly. In New Hampshire, both drivers’ actions will be compared, and a percentage of fault will be assigned to each.
For instance, if you were rear-ended but were also driving with broken tail lights, you might be assigned some percentage of fault because your vehicle wasn’t clearly visible. If you were speeding, texting while driving, or failed to follow traffic signs, these actions could also affect how much fault is assigned to you. It’s important to know that even if you are partially to blame, you can still receive some compensation for the accident, but it will be reduced by the percentage of fault assigned to you.
The 51 Percent Rule in New Hampshire
New Hampshire follows the 51 percent rule when it comes to comparative fault in car accident cases. This means that if you are found to be 51 percent or more at fault for the accident, you will not be able to recover any compensation. However, if your fault is 50 percent or less, you can still receive compensation, but the amount you receive will be reduced based on your percentage of fault.
For example, let’s say you are involved in a car accident and the total damages are valued at $10,000. If you are found to be 30 percent at fault for the accident, the compensation you would receive is reduced by 30 percent. This means you would receive $7,000 instead of the full $10,000. If you are found to be 51 percent at fault, however, you would not be able to recover any money for your damages.
This rule encourages all drivers to act responsibly and follow traffic laws because even if you are injured in an accident, your actions before the crash can impact your ability to get compensated.
How Comparative Fault Affects Insurance Claims
When you file an insurance claim after a car accident, comparative fault can impact how much money you receive. The insurance companies will investigate the accident to determine how much fault should be assigned to each driver. In New Hampshire, the amount of compensation you receive from the insurance company will depend on how much fault they believe you had in the accident.
For example, if you are filing a claim for damage to your car and medical bills, the insurance company will look at the facts of the accident to decide if you were partially to blame. If they determine that you were 40 percent at fault, they will reduce the amount they offer you by 40 percent. Understanding this process can be important when you are negotiating with insurance adjusters after a crash.
It’s also possible that the other driver’s insurance company will argue that you were more at fault than you believe. This is why it’s often helpful to have legal guidance when dealing with comparative fault cases. An attorney can help gather evidence and negotiate with insurance companies to make sure you are not unfairly blamed for an accident.
Comparative Fault and Lawsuits
In some cases, car accident claims end up in court. If you and the other driver cannot agree on who is at fault or how much compensation should be paid, a lawsuit may be filed. In court, a judge or jury will decide how much fault each driver had in the accident based on the evidence presented.
The same 51 percent rule applies in these cases. If you are found to be 51 percent or more at fault, you will not be able to recover any damages. However, if your fault is 50 percent or less, you can still recover compensation, but it will be reduced based on your percentage of fault.
Lawsuits can be complex, especially when comparative fault is involved. A lawyer can help present evidence to show that the other driver was more at fault for the accident than you. This can make a big difference in how much compensation you are able to recover.
How to Protect Your Rights After a Car Accident
If you have been involved in a car accident, it’s important to take steps to protect your rights. One of the most important things you can do is gather evidence from the scene of the accident. This includes taking photos of the damage to both vehicles, getting contact information from witnesses, and writing down your own account of what happened.
It’s also important to report the accident to the police, especially if there are injuries or significant property damage. The police report can be an important piece of evidence when determining fault. Additionally, seek medical attention as soon as possible after the accident, even if you don’t feel seriously injured at the time. Some injuries may not become apparent until days later.
If the insurance companies are involved, be careful about what you say. Anything you tell an insurance adjuster can be used to assign fault in the accident. It’s often a good idea to speak with a lawyer before talking to the insurance companies, especially if you believe comparative fault may come into play in your case.
Why Legal Guidance is Important in Comparative Fault Cases
Comparative fault cases can be complicated. When more than one person is responsible for an accident, figuring out who pays for what can be challenging. Insurance companies often try to assign as much fault as possible to the other driver to reduce the amount they have to pay. This is why it’s important to have legal guidance if you are involved in a car accident where comparative fault is an issue.
A lawyer can help you gather evidence to show that the other driver was at fault or to reduce the percentage of fault assigned to you. They can also negotiate with the insurance companies on your behalf to make sure you get fair compensation. If the case goes to court, having an attorney by your side can make all the difference in the outcome of your case.
Navigating the complexities of comparative fault requires an understanding of the law and how it applies to car accidents. With the right legal guidance, you can protect your rights and seek the compensation you deserve after a car accident.
If you’ve been involved in a car accident in New Hampshire and need help understanding comparative fault, the legal team at Tenn And Tenn, PA is here to assist. Our experienced attorneys can help you navigate the complexities of your case, gather the necessary evidence, and negotiate with the insurance companies to make sure you receive fair compensation. Reach out to Tenn And Tenn, PA today for a consultation and get the legal guidance you need to move forward.