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How Is Fault Determined in a New Hampshire Car Accident?

Kenison Law Office, PLLC Oct. 4, 2023

Determining fault in an accident varies state by state. New Hampshire is a “fault” state, meaning that the at-fault driver is liable for injuries and damages caused by a car accident. This requires that victims of negligence prove that the other driver caused the accident and injuries in order to pursue damages.

Determining fault and obtaining compensation for damages can be complex and often requires the guidance of a skilled car accident lawyer. If you have incurred damages from a New Hampshire car accident from the actions of a negligent driver, contact a skilled lawyer today to assess your case.

What Are Your Options to Seek Compensation in a New Hampshire Car Accident?

Under New Hampshire’s “fault” system, a driver has three options to seek compensation for damages after their car accident. The three options include:

  • File a claim for compensatory damages with the other driver’s insurance company

  • File a claim with your insurance company for damages

  • Possibly sue the other driver for damages

Depending on your case, you should consult a skilled New Hampshire attorney on steps to take following your accident.

How to Prove Driver Fault in a New Hampshire Car Accident

To prove a driver is responsible for a New Hampshire car accident, the victim may have to initiate a lawsuit against the negligent driver for damages. In this type of situation, it is best to seek the expertise of a car accident lawyer for legal guidance to have the best outcome for your case.

Proving that the other driver is liable for your injuries, lost wages, and property damages may be difficult and may require extensive investigation and.

How to Prove Driver Negligence in a New Hampshire Car Accident

If the other driver’s careless actions caused the car accident, you must prove that their negligence caused your injuries and property damage. To prove negligence, you must establish the five elements of negligent behavior:

  • Duty

  • Breach

  • Harm

  • Causation

  • Damages

We’ve outlined these factors below.

Breach of Duty

The first element, duty, exists to hold everyone to a certain standard of behavior. If a person is not behaving reasonably, this could be considered a breach of duty (second element of negligence).

When pertaining to car accidents, they may be negligent in obeying traffic laws. These laws are set to uphold safety standards, follow the rules of the road, and carry insurance. These laws affect drivers, passengers, and pedestrians, and those who do not follow clear traffic safety laws exhibit negligence of duty. A police report of the accident may be helpful in proving this element.


When proving negligence, you need to prove that the other driver’s negligent actions caused your injuries or caused you harm in some way. This “but-for” causation should prove that if it weren’t for their actions, the injuries to the victim wouldn’t have occurred.


To prove negligence, you need to prove that the breach of duty in following the rules of the road caused your personal injuries or property damages. Causation could be put into two categories in the courtroom, but both have to be proven:

  1. Actual cause: Breach of duty or “but-for” actions caused your injuries

  2. Proximate Cause: When a breach of duty is adequately connected to the accident’s occurrence

Causation proves that if it weren’t for the negligent actions of another driver, then the victim wouldn’t have endured injuries.


Damages are the reason why you want to hold the other driver accountable in a court of law. Common damages are injuries, damage to property, cost of medical bills, loss of income and pain and suffering. These types of damages need to be proven to recoup compensation.

Contact Kenison Law Office for Guidance Regarding Your New Hampshire Car Accident

At Kenison Law Office, we have worked with hundreds of clients to determine fault and prove liability in a car accident. We aim to recoup compensation for victims that have suffered injuries because of another driver’s careless actions.

Attorney John B. Kenison Jr. has advocated for many New Hampshire car accident victims and offers a detailed, thorough approach to working with clients from beginning to end. The Kenison Law Office will fight to resolve your unique case and help you obtain the best possible recovery for the damages you have endured. Call today or fill out our contact form below.