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Rochester Personal Injury And Criminal Defense Blog

Do rural or urban accidents claim more pedestrian lives?

Some people may think that fatal pedestrian accidents are far less common in rural areas for a number of reasons. For example, they may assume that traffic is less hectic and that drivers, as well as pedestrians, will be able to pay better attention to the road and avoid an accident. However, these types of accidents can claim the lives of pedestrians anywhere there is traffic, and many lives have been lost in rural areas over the years.

The Federal Highway Administration has published information that offers a comparison of the number of fatal pedestrian accidents in rural locations versus urban areas. The FHWA references a review which analyzed over 200 studies and found that pedestrian accidents which happen in rural areas are more likely to result in the loss of a pedestrian’s life, even though more pedestrian accidents take place in urban locales. In their study, the FHWA also found that pedestrian fatalities were more common in rural parts of North Carolina than in urban areas of the state between 1997 and 2002.

What should I do if involved in a hit and run?

It can happen when you least expect it; one moment you’re tooling along and the next you’re involved in an accident and the responsible party has fled the scene. While this can be an extremely frustrating experience there are steps you can take to mitigate the damage. State Farm recommends the following advice in this case, which will help both you and your vehicle remain protected after a hit and run.

Stay on the scene

Bit by a dog? Your right to compensation for your injuries

Dogs can inflict serious injuries, especially on children. According to the University of Minnesota, approximately 370,000 people face serious injury from aggressive dogs per year, and nearly 50% occur to children under 14 years old. You want to protect your children from harm, and although you took precautionary measures, an aggressive attack gave your children serious injuries.

Under New Hampshire law, you can seek valuable compensation for injuries related to dog bites, both physical and psychological. Know that if you or your child faced injuries – whether life-threatening or easily overcome – a court may rule that you deserve reimbursement for various costs. When working toward receiving your compensation and recovering from injuries, you may wish to hire an experienced personal injury attorney to help you in fighting for your or your child’s right to damages.

Portsmouth man arrested after firing at fleeing "intruder"

A common response to any accusations of criminal behavior leveled against Rochester residents may be that the supposed perpetrator thought that it was justified. This may cause many to roll their eyes in disbelief, yet people may indeed be encountered with situations where they or their loved ones feel threatened. For example, there may be scenarios where the law does indeed permit people to use force against another who is deemed threatening. People's perceptions of threats, however, may vary, which is why it is left to the law to set a standard definition. 

A Portsmouth man was apparently in violation of that standard when he chose to open fire on a young man who had mistakenly entered his home. The young intruder reportedly came to the home thinking that a gathering was there (when it was actually at another residence). The young man entered the unlocked door (as he had been instructed by his friend who lived there) and instead encountered the terrified residents. The young man immediately fled, yet was pursued by the homeowner, who then shot at him as he was driving away from the scene. 

Prepare for great autumn rides

The days are getting shorter and the air is starting to cool – summer is on its way out. Before too long the trees will be collages of oranges, reds, yellows, blues and magentas. As a motorcycle enthusiast, you know that this is one of the best times of year to get your bike out on the back roads.

Autumn brings a totally new set of hazards with it for motorcyclists. Before you fill up the gas tank and head out for the year’s last few rides, be sure you know the new risks you may be facing.

Identifying attractive nuisances

After dealing with the initial shock and trauma that accompanies you child being involved in a serious accident in Rochester, your thoughts may turn to how is it that he or she was able to gain such easy access to the hazard that caused his or her injuries. Your concerns are not unfounded; if fact, many come to us here at The Law Offices of Stephen C. Brown & Associates with the exact same question. If you believe that whomever owns the property which housed the tool of your child's injury was negligent in protecting him or her from the risks that it provided, could you hold such a party liable? 

You can if your case meets the standard of the attractive nuisance doctrine. This legal principle states that property owners can indeed b made responsible for injuries that children suffer from the use of dangerous attractions on their lands. Common "attractive nuisances" may include: 

  • Swimming pools
  • Playground equipment
  • Unoccupied buildings
  • Tunnels 
  • Heavy equipment and machinery 
  • Abandoned vehicles

Driving while drowsy: an under-reported danger

We’ve reported extensively in previous posts on the dangers associated with distracted driving. For most of us, when we think about distracted driving behaviors, our minds immediately turn to activities involving our smartphones. Indeed, texting, calling and surfing the web while driving are all extremely risky—and these activities result in a growing number of car accidents each year.

However, distracted driving does not merely refer to activities that take your eyes away from the road or your hands off the wheel. It also refers to any activity that takes your concentration off of the act of driving. In today’s post, we discuss one of the most dangerous driving behaviors of this type: drowsy driving.

Is assault a misdemeanor or a felony in New Hampshire?

Assault generally refers to hurting another person. However, New Hampshire law treats different actions and levels of harm as different offenses. The type of assault charge you are facing determines whether the offense is a violation, a misdemeanor or a felony.

Simple assault

Freedom to ride without a helmet? Think twice.

So, you like the feeling of freedom-you on your bike, the wind on your face. You don't have to wear helmet, but should you? After all, New Hampshire has no laws requiring helmet use. But even without a law forcing you to wear a helmet, think about what you have to lose if you do get hurt. 

Commercial vehicles are held to higher standards in accidents

The American roadways are part of what make The United States unique. Few countries have freeway systems as organized and well designed as ours. The open road is more than just a necessity of your morning commute, it inspires the thrill of driving and provides new adventures when you get away from the daily grind.

Vehicles are safer today than ever before, but that doesn't change the fact that you are taking some level of risk when you get behind the wheel of an automobile. Accidents happen, we've all probably been in a fender bender, but when your accident involves a commercial truck, it is a different matter entirely.

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