What evidence do courts use for motor vehicle accidents?

When you get into a motor vehicle accident, you will need to determine who caused it. In New Hampshire, both courts and insurance carriers require evidence to determine fault and damages. With this in mind, it is important to know what proof courts consider to strengthen your case and receive financial compensation.

What proof does the court consider in New Hampshire?

New Hampshire follows tort law, which means that if you are found to be at fault for a motor vehicle accident, you are responsible for paying any damages you cause. Typically, at-fault drivers accomplish this through their insurance companies, which pay in their stead.

However, to determine who is responsible for an accident, you must prove the negligent party is at fault. To accomplish this, courts require evidence to help them determine the cause of the accident, as well as how responsible each person involved in an accident is. Some examples o the evidence courts consider include:

• Witness testimonies: Accounts and testimonies from those present during the scene of the accident.
• Scene documentation: Photographs, videos and surveillance footage of the accident to help courts piece the accident together.
• Other details: The name of the drivers, the license plate numbers, the location, the time and date of the accident.
• Medical records: Hospital bills, receipts and records from doctors to prove the causes and severity of any injuries. Similarly, it may be important to present vehicle repair bills.
• Official reports: Reports from third parties such as the police. New Hampshire requires drivers to report qualifying crashes to law enforcement. While a report does not decide fault by itself, it can support timelines, locations and early statements.

It is also worth mentioning that New Hampshire follows a modified comparative fault system. Parties in an accident who are partially at fault have their compensation reduced by a percentage equal to their level of fault. For example, if you are 30% responsible for an accident, you receive 30% less compensation. Bear in mind that those found to be more than 50% at fault for an accident cannot recover any compensation from other parties.

What is the importance of evidence?

Without evidence, you may struggle to prove who is at fault in an accident, potentially barring you from receiving damages from the one responsible. It is important to gather proof in a quick and timely manner, not just because evidence tends to vanish or witnesses forget, but because there is a deadline.

If you suffer injuries due to a motor vehicle accident in New Hampshire, there is a three-year statute of limitations. This means you have three years from the date of the accident to file a personal injury lawsuit.

Whether it be emotionally or financially, accidents can be difficult to recover from. Stress can compound without financial compensation because medical bills are often expensive, as is paying for automobile repairs. By knowing which evidence to present to court, you can strengthen your car accident case and potentially receive financial reimbursement, granting you some peace of mind as you focus on recovery.