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July 2017 Archives

Drunk driving cause of 3-car accident, according to police

Anytime one is involved in a car accident, New Hampshire law enforcement officers investigate what happened in an attempt to determine the facts and decide who or what ultimately caused the accident. As a part of this investigation, they analyze the accident site. In addition to this analysis, they talk to and observe those involved in an attempt to determine if drunk driving was a contributing factor.

Operator causing rear-end collision is liable in car accidents

New Hampshire negligence law attributes fault in most instances to a driver who crashes into the rear of another vehicle stopped and stationary at a traffic light.  The driver in rear-end collision car accidents is likely negligent for failing to keep a lookout ahead and for driving too fast for traffic conditions. The driver will be liable for damages sustained by any occupants injured in the vehicle that was rear-ended.

Statistics show motorcycle accidents usually fault of another

A beautiful afternoon seems to require a motorcycle ride for some New Hampshire enthusiasts. The wind rushing by as one enjoys the fresh air and scenery is just too much to pass up. All appears to be well with the world; however, even while enjoying the day, one needs to keep in mind the potential for motorcycle accidents.

Workers' compensation covers loss of limb in workplace accident

In New Hampshire and other states, when a worker loses a limb in a workplace accident it usually happens under violently traumatic and painful circumstances. Such accidents often involve machinery that is not well adapted to the safety needs of the particular job. One common type of crush injury comes from mishaps involving forklifts and front-end loaders. In the aftermath of such a horrendous trauma to the worker, he or she will be compensated with the full array of workers' compensation benefits.

Avert motorcycle accidents: Get training, honor safety rules

In New Hampshire and other states, most motorcycle drivers are generally aware of safety factors and try to follow the right protocols for safety on the roads. However, as a general rule, a majority of motorcycle accidents are caused by the driver of a four-wheel vehicle. Motorcyclists will benefit by keeping this in mind and following certain measures for increased defensive safety.

Suspected drunk driving stop is justified only with good cause

Drunk driving is an offense that keeps New Hampshire law enforcement authorities busy on a daily basis. Generally, the police must observe some irregularity before pulling over an operator of a vehicle. Prior to questioning or testing the accused for drunk driving, the police must have at least a reasonable suspicion that the offense was being committed. 

Woman asked police for her drugs, is arrested on drug charges

New Hampshire authorities must honor rehabilitative procedures set up by federal law. One recent arrest raises a question regarding the policy of police departments over drugs that are approved and used to treat opioid addiction. It would be improper for the authorities to file drug charges against a person who is taking a regulated drug approved for heroin addiction treatment.

Motorcycle accidents are often caused by negligent car drivers

In New Hampshire, there are many motorcycle enthusiasts who use the more rural roads for enjoyment of their recreational preference.  At the same time, they face a relatively high risk of being involved in motorcycle accidents. This is not because cyclists are negligent or reckless, but because car and truck operators sometimes have difficulty in seeing motorcycles on the roadway. Many motorcycle accidents are therefore not the fault of the cyclist.

Myths about motorcycle safety

If you are a new motorcyclist, safety is probably one of your top priorities. In fact, it is likely high on your list no matter how experienced you are.

Workers' compensation claim depends on quick, accurate reporting

The date for employers in New Hampshire and elsewhere to become ready to electronically report injury data has been put off until Dec. 1, 2017. The federal requirement of employer reporting of worker injuries in an electronic format is mandated by the Occupational Safety and Health Administration. OSHA first scheduled the regulation to be effective on July 1, but it recently extended the date. While the federal regulations are important in the long run, local workers must remember to report their work-related injuries and illnesses or suffer a denial of workers' compensation benefits. 

Worker may have premises liability claim for non-work injuries

Most states, including New Hampshire, follow similar negligence principles in defining when a landowner is liable for damages to visitors injured on the owner's premises. When an employee is injured on the employer's premises, there may be an occasional dispute over whether workers' compensation covers the matter. If the employee was not working at the time of the accident, workers' comp will be ruled out, but the employee may nonetheless be able to make a claim for full tort damages under the legal theory of premises liability.

Workers' compensation claims from teens prevalent in summer

Summer is here, and many teenagers in New Hampshire and across the country cannot wait to get into their summertime jobs. The Occupational Safety and Health Administration says thousands of workers under the age of 18 file workers' compensation benefits claims every year, and most injuries result from the lack of safety training. Inadequate supervision and working on unsafe equipment also cause many injuries.

Criminal defense topics: The problem with DWI checkpoints

Ordinarily, arbitrary roadblocks violate the Fourth Amendment rights under the U.S. Constitution. This applies to people here in New Hampshire and those across the country. However, the U.S. Supreme Court carved out an exception for DUI or DWI checkpoints based on the need to preserve public safety. The problem that criminal defense attorneys see, however, is that people who are not accused of those crimes could be arrested as well.

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