Does New Hampshire Recognize Negligence Per Se in Car Accident Cases?

New Hampshire does recognize the doctrine of negligence per se in motor vehicle accident cases in the state. Here’s what you need to know about negligence per se and how it may affect the outcome of your New Hampshire car crash case.

What is Per Se Negligence?

Per se is a Latin phrase that means, approximately, “in itself.” Negligence per se is a legal doctrine that says that certain actions are negligent in themselves. In other words, that simply having performed an act or failed to perform an act means you were negligent.

In a case involving negligence per se, the injured party doesn’t have to prove directly that the responsible party was negligent. For example, proving that a contractor failed to comply with a building safety code would be sufficient to prove that the contractor was negligent.

In New Hampshire, violation of a traffic safety law is negligence per se. That means that if it is proven that a driver involved in an accident caused the accident by (for example) running a stop sign or because they were speeding, they can be deemed negligent without additional proof or analysis. If the driver was issued a ticket and paid that ticket, that is considered an admission of guilt in New Hampshire.

That provides clarity and certainty and saves some investigation (and often expense), but it’s not enough to win your case. You must also show that the defendant’s negligence caused your injuries.

Causation in a NH Negligence Per Se Case

Negligence per se often applies in drunk driving accident cases–because the act of driving under the influence is itself negligent. But DUI also offers a great example of when a person who was negligent by violating a traffic law might not be liable for the accident.

Imagine, for example, that the brakes fail on your vehicle and you enter an intersection when it is not your turn, crashing into a vehicle that is passing through the intersection and has the right of way. After the accident, police notice that the other driver is a bit unsteady on their feet and administer a breathalyzer test. It turns out that the driver you hit was operating under the influence when you hit them, and they are charged with DUI . However, their choice to drive under the influence, while negligent, did not cause the accident.

The drunk driver would not be liable under the doctrine of negligence per se, because although they acted negligently there was no causal link between their negligence and the accident and resulting injuries.

What if Negligence Per Se Doesn’t Apply in My Case?

If you were injured in an accident that was someone else’s fault, the responsible party is typically liable for damages. Though negligence per se provides a bit of a shortcut, it is not necessary to prove that the other driver was legally responsible. Your New Hampshire car accident lawyer can assess your claim and conduct any necessary investigation to identify all possible responsible parties and begin building your case.

The exact evidence necessary to establish liability is different from case to case–even in cases involving negligence per se. You’ll want to consult with an experienced New Hampshire auto accident attorney as soon as possible after your injury, so your attorney has the best opportunity to gather evidence on your behalf. Over time, video footage is deleted, physical evidence may be lost or altered, and witness memories may fade.

To learn more about how an experienced Lowell personal injury lawyer can protect your right to compensation, call The Broderick Law Firm now by calling 978-459-3085 or fill out our contact form.