So far, we have experienced a snowy and cold winter here in New Hampshire and in the Northeast. The evening newscasts seem daily to feature stories about serious auto accidents where the occupants are seriously injured and sometimes, unfortunately, killed. Under New Hampshire common law and statutory law (RSA 265:60, I), all drivers are required to operate their vehicles at appropriate and reasonable speeds "under the conditions and having regard to the actual and potential hazards then existing." What this means is that we are all required to reduce our speeds in order to maintain control of our vehicles in the event of bad weather and slippery, icy or snowy roads. More often than not, an accident in winter weather is the result of one driver failing to reduce their speed, losing control, and then typically overreacting to that loss of control. The result, an accident with someone being injured. It is important for all of us to take special care when diving under these conditions. If you are injured through the negligent failiure of another driver to drive carefully on winter roads, you should contact a personal injury attorney to advise you as to your rights.
It is winter in New Hampshire. Roads can be covered with snow and ice. When this happens, we witness what can often be a dramatic increase in winter related automobile accidents. The question may be if you sustain a personal injury, do I have a case? Just because you are struck in your motor vehicle and are injured, does not mean that you automatically have a case. It is necessary to prove that the person who hit you was legally at fault. This can be complicated by slippery roads, allowing the other driver to claim that his or her loss of control and the resulting accident was caused by the slippery conditions, and not negligence. In these cases, it is critically important to make sure the police are called to investigate the accident, and if you noticed driving on the part of the other driver that was negligent but not winter related, i.e., speeding, texting, swerving, etc., make sure the police officer is aware of that. Make sure your insurance company is aware of that. Take photos of the tire marks in the snow if possible. There is a strong chance that if you do not develop your case early and properly, you could lose due to the "slippery road" defense. If in doubt, contact a New Hampshire personal injury lawyer to assist you as early in the process as possible.