Legal Question in Personal Injury in New Hampshire
finding fault in accident
My son was a passenger, backing out of driveway onto main steet. This driveway is also right in a forked road. They were broadsided buy a well known commercial vehicle, hitting hard enough to bend the tired axel, spin the car 360 degrees, then smash into a telphone pole.the car is totalled. The other driver says he was doing the schoolzone speed limit of 20 and that the driver of my sons car pulled out in front of him. Police are citing HER for failing to yeild.. Her car was 3/4 into the steet when hit.I find it impossible for a 20mph collision to do this much damage. They are taking his word that he was travelling 15mph at the time!! Should we retain a lawyer and fight this. It's clear that they want to 1 save this guys job and 2 blame the kids because they are kids ( 16)Their injuries are, mild concussion, bruised ribs, bruised tailbone, numerous bumps and bruises, neck injuries, none needing hospitalization. The cop interviewed us by phone which is weird. I was across the street at the school picking my other boy up from school when this happened. What should we parents do??
2 Answers from Attorneys
Re: finding fault in accident
It is difficult to determine legal fault, even if you could know all the facts. Fault involves a mix of several (often contradictory) legal principles, including Rules of the Road, tort liability and common sense. Only a jury can establish it conclusively, and even then folks will still disagree.
The best you can hope for is to get fair compensation for the harm you (or your son in this case) have suffered. Since he was a passenger at least it is very unlikely he would be at fault, so someone (or a combination of several someones) should respond to his valid claims.
You need an advocate to deal with the police and the insurance companies.
Re: finding fault in accident
Since your son was a passenger he was not at fault so he may have a claim against either the driver of the car or the truck that hit them or both.
Even if the driver is a friend, he can make a claim if there is insurance. On the other hand, if there was no hospitalization or physical therapy needed, the damages are minimal.
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