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Car accidents can raise opposing issues on causation and fault

In New Hampshire and elsewhere, there is sometimes a variety of factors that may go into causing a vehicular accident. To determine whether there is liability for damages sustained in such car accidents, it is best to consult with an experienced personal injury attorney prior to attempting that daunting task on one's own. The attorney will be familiar with the various circumstances that factor into causation analysis, and will give an accident victim a professional conclusion regarding the available options.

In addition, such consultations are generally free to people seeking an initial consult regarding their rights arising from a car accident. One recent accident illustrates a few different possible reasons for the collision. A man was driving a box truck on Old Dover Road when he had to pull over due to mechanical problems.

Police say that the man pulled to the side, but the vehicle was still jutting partially out into the driving lane. An 83-year-old operator of an SUV was driving on Old Dover Road when he hit the box truck in the rear. A 67-year-old passenger in the box truck was injured and taken to Wentworth-Douglass Hospital for treatment.

Police also reported that solar glare appeared to have played a role in the collision. The State Police Motor Carrier Enforcement Unit is investigating the accident, police said. Based on the reported facts, the operator of the SUV was negligent in hitting the box truck from the rear while it was stopped.

That the box truck was jutting onto the highway is not normally a causative factor in similar car accidents. That is because the oncoming driver has a duty under New Hampshire negligence law to keep a lookout on the road ahead and to avoid anything that is in a stopped position. The fact of solar glare is likely an insufficient cause to relieve the SUV driver of responsibility. One must use sun glasses, visors and other tools at one's disposal to drive safely. If driving is impossible due to glare, the driver must pull over and wait until he or she can proceed safely.

Source: unionleader.com, "Rochester passenger hurt in two-car crash", Feb. 14, 2017

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