ROUTE 4 ACCIDENT UNDERSCORES NEED FOR DRIVER SAFETY

Tragic Rear-End Accident in New Hampshire: Two Killed; One Seriously Injured

Late on Friday, February 20, 2009 a father and his 5-year-old son were killed in Rochester, New Hampshire. The accident occurred on Route 11 when Carl Lytle rear-ended a car that was waiting to make a left hand turn.  Carl Lytle and Tyler Lytle were from New Durham.  Ann Leighton, of Farmington, was the driver of the vehicle that was rear-ended.  She was waiting to turn left into Lilac City Pediatrics.  Immediately following the collision, a 2005 Chevrolet Silverado and a 2007 Dodge Charger traveling east on Route 11 smashed into the vehicles. 

Ann Leighton was taken to Frisbie Memorial Hospital in Rochester and was listed in critical condition. 

The highway was shut down for hours as police tried to determine exactly what happened. The Strafford County Regional Technical Accident Reconstruction team is investigating the accident.  However, authorities have said that the motorist was driving too fast for the icy roads.  Apparently, Route 11 is known for high-speed driving. 

Driving too fast for conditions is a common issue in New Hampshire. For example, police counted 18 accidents on Seacoast highways (Route 12, Route 101 and Interstate 95) on Friday morning. 

This story serves as a reminder to all drivers in the Vermont/New Hampshire area that road conditions can be very dangerous during the winter.  If you are a passenger in a motor vehicle that is involved in a car accident due to negligent driving, you may have a personal injury claim.  The driver of a motor vehicle has a duty to operate the motor vehicle in a safe and reasonable manner.  This standard of care applies in dangerous, wintry weather conditions as well.  If you have been injured in a car accident, see Auto Accident Checklist, for detailed information on how to protect your rights.

For the full store in the union leader, click here. 

Motor Vehicle Accident Victim Concerns

If you or someone you care about has been injured in a motor vehicle accident, you probably have serious concerns that need to be addressed right away. How should you deal with your insurance company? What do you say to the insurance company that may or may not be harmful to the claim? Should you make a statement to investigating police, if so what should you say? Should you seek medical treatment for your injuries right away or are you afraid you will incur large medical bills that you cannot pay?  Who will pay the medical costs for the treatment you already received? How can you make up missed time at work and be compensated for your lost wages? How and when should you get your motor vehicle repaired or replaced?  Should you hire a lawyer? How do you get the best settlement for your claim?

This website can help. It is designed to provide answers to all these questions and more. Find answers to questions by going to our Frequently Asked Questions section or find more in depth information in our Library articles. Also our Automobile Accident  practice area is a good source of information. Click on any of these links and find your way to valuable information on what to do if you are seriously injured in a motor vehicle accident.

Finally, you are welcome to contact or call our firm with any questions you may have. Call us toll free at 1 (866) 632-8980  or fill out the Free Consultation contact form on the upper right hand portion of this page and someone will get back to you promptly. Please remember we are here to serve you.

New Client Testimonial

Today, we added another Client Testimonial to our site. Our client is Cheryl H. Cheryl was seriously injured in a car accident. She went to a  local law firm near where she lived. The lawyers there tried to convince her to accept a settlement that would barely cover her medical bills. Dissatisfied with that firm,  Cheryl then came to us. We advised her that she had a good claim and that we would represent her interests against the insurance company. Our skilled team put Cheryl’s claim together and then began negotiations with the insurance company. The insurance company balked at paying a fair settlement so we filed a lawsuit. We took the case through the litigation process and got ready for trial. (To learn more about the litigation process contact us for a free copy of our Personal Injury Victim's Handbook for Vermont and New Hampshire.)Finally, on the eve of trial the insurance company made what we thought was a fair settlement and Cheryl accepted it.

All to often we go through this process. After 30 years of representing seriously injured personal injury victims we know that sometimes insurance companies will not pay what we consider to be fair settlements until their backs are against the wall. Our background, experience and track record trying personal injury cases to juries gives us the leverage to make the insurance companies pay what we consider to be fair settlements, not what they want to pay. Sometimes we have to take them down to the wire, but that's ok with us as long as our client get's a fair settlement. To see Cheryl’s Testimonial, click here: Testimonial

Recent car accidents in Vermont, remind us to use caution during the winter driving season.

Two recent motor vehicle crashes in Vermont, serve as a reminder to all Vermont and New Hampshire drivers that road conditions can be very dangerous during the winter. 

On December 31, 2008, two family members from Richmond, Vermont were seriously injured on Route 117 in Jericho.  According to the Vermont State Police, Diana Hansen, age 24 lost control of her vehicle and collided with Katherine Buxton, age 17.  Diana Hansen was accompanied by 2 year old Jane Hansen.  They were both taken to Fletcher Allen Hospital for treatment.  Although the accident remains under investigation, the Vermont State Police have indicated that the roadway was slippery at the time of the collision. You can click here to read the full Burlington Free Press article.    

Similarly, on January 14, 2009 two men were seriously injured on Route 140 in Tinmouth, Vermont.   According to Vermont State Police, driver Kevin Ballantine slid off the roadway, hit a snowbank, and started to roll.  Nicholas Jones was a passenger in his vehicle.  They were both taken to Rutland Regional Medical Center for treatment of their injuries.  You can click here to read the full Burlington Free Press article.

If you are a passenger in a motor vehicle that is involved in a car accident due to negligent driving, you may have a personal injury claim.  The driver of a motor vehicle has a duty to operate the motor vehicle in a safe and reasonable manner.  This standard of care applies in dangerous, wintry weather conditions as well.  If you have been injured in a car accident, see Auto Accident Checklist, for detailed information on how to protect your rights. 

Winter drivers, remember to give yourself more time to get to your destination and drive with extra caution to avoid an accident.

Massive Pile-Up in New Hampshire, 100 injured.

On January 11, 2009 vehicles piled-up on Interstate 93 in Derry, New Hampshire.  Roughly 100 people sustained injuries, and 19 were transported to local hospital with more serious injuries. 

Apparently, a car had stopped on the interstate, and in an attempt to avoid it, a school bus filled with Boy Scouts applied its breaks.  When this happened, cars began sliding to avoid the bus at 50 mile per hour.  In total, 46 cars, three buses, and two tractor-trailers were involved in the pile-up. 

Seventeen ambulances and dozens of EMTs searched car by car in an attempt to identify the injured.  Luckily, no one sustained life-threatening injuries, however many people did sustain serious personal injury, such as broken legs and ankles.  On man had to be pulled out from underneath a tractor-trailer. The story was reported by WMTW and the Boston Herald. 

This accident serves as a reminder that road conditions can be dangerous in New Hampshire during the winter driving season.  Winter drivers, remember to give yourself more time to get to your destination and drive with extra caution to avoid an accident.   If you have been injured in a car accident, see Auto Accident Checklist, for detailed information on how to protect your rights. 

Keep Safe on New Hampshire’s Winter Weather Roadways

A lawyer is ready to help you in your time of need.  However, if at all possible we would also like to help you before you become injured.

Above all we want you and your family to have a happy and healthy new year. To help you toward this goal this blog post is all about staying safe in the icy weather.  Most of us have to go out and drive in the ice and snow here in New Hampshire and all over New England.  While this is a necessary evil during the long winter months, there are some things you can do to keep you and your family safe this winter.

• Properly inflated tires are a must. Check this before hitting the road.
• Stow away a few blankets, any needed medications, an extra cell phone or spare battery, food, water, gasoline, hats and gloves. These things will help you survive in the event of a crash.
• If you do have an accident or run off the road and become stuck stay with the vehicle. It offers shelter from the elements and may assist rescue units find you.
• Tie a brightly colored cloth on the antenna of your car. If you are trapped at night leave on your dome light.
• Check to make sure that your exhaust pipe is not clogged with snow, ice or mud. If it is carbon monoxide could be forced into the compartment of your vehicle.
• Run your car and heater in intervals. Do so just when you need to take the chill off in order to save gas and battery power.

Though these tips are basic, they could very well save your life.  As winter weather worsens even seasoned driver can benefit from a refresher course on winter driving safety tips.

What To Do If You've Been Involved In An Accident

One person killed and five others injured in Arlington Vermont car accident

On Saturday, December 13^th one man was killed and five injured in a serious car accident on Route 313 in Arlington Vermont. The accident happened when the driver, Raymond Smith, 27, apparantly lost control and failed to negotiate a curve in the road sending the vehicle, a 2000 Dodge Durango, off the road.  The car became airborne when it hit large boulders, came to rest on its roof and finally rolled back to an upright position.

John Oney, 67, was killed in the accident. The five injured passengers were Elizabeth King, 33, Christopher Davis, 15,  Nicholas Davis, 16 and  Christina Smith, 36. One passenger,  Smith was critically injured and airlifted to the Albany Medical Center. For a full report on this accident click here to see the recent Burlington Free Press Article.

Winter car accidents occur all too frequently in Vermont, especially on rural highways. This tragic accident is a somber reminder that we should all drive more carefully when winter weather effects road conditions.

Letting your car insurance lapse in these tough economic times?

Driving without insurance is illegal in 48 states and the District of Columbia. The only states that don't require insurance are New Hampshire and Wisconsin. Therefore, even in good economic times, many people in New Hampshire drive without car insurance.  However, it appears that even more drivers are allowing their car insurance to lapse because of these rough economic times.  This is interesting in light of the fact that unlicensed and uninsured drivers are disproportionately involved in fatal accidents.

Apparently, several hundred thousand drivers throughout the country dropped their insurance in the past year and have chosen to enter the category of an uninsured motorist.  This decision could be attributed to the increased jobless rate.  However, this puts both yourself and others on the road at risk.  If you are driving without insurance and cause an accident, you could lose whatever assets you own in a court judgment.

If you are hit in a car accident by someone without insurance, you may be unable to recover damages that you suffer.  This is because many uninsured drivers do not have assets.  If you have motor vehicle insurance, there are some steps you can take to make sure you are protected if you are involved in a motor vehicle accident.  You can add uninsured motorist coverage.  This is extra coverage that will protect you if you are hit by an uninsured driver.  Also, by setting your insurance coverage proportionate to your assets, this can help you determine the limit of your uninsured driver coverage.  See our blog on New Hampshire Personal Injury Law.

About 20 states require drivers to buy coverage for uninsured or underinsured motorists. The coverage compensates policy owners and their families for injuries, including if they are injured as pedestrians, caused by hit-and-run drivers and drivers without insurance. However, this extra coverage does come at a price.  It usually adds between 7% and 9% to an average auto premium, according to State Farm Mutual Automobile Insurance Co. and Allstate Corp.

Was that person “negligent” and do I have a personal injury case?

Many people are injured as a result of car accidents, motorcycle accidents, industrial accidents, construction site accidents, bicycle accidents, pedestrian accidents, and medical malpractice. If the injury was the result of another’s negligence, you may have a personal injury case.  Negligence is the failure to exercise the type of care that a reasonable person in society would exercise under the same circumstances, also known as reasonable care. Negligence does not simply mean that someone has done something wrong.  Rather, there are elements of negligence that have to be established. These elements are duty, breach, causation, and damages. For a more detailed explanation of the elements of negligence, click here: The Elements of Negligence. If your personal injury attorney can establish these elements, then you may have a personal injury case. A personal injury case is a legal request for financial compensation for damages suffered as a result of another’s negligence.  However, your personal injury claim may be subject to a statute of limitations. A statute of limitations is the maximum period of time you have to initiate a claim, or bring legal proceedings, based on the negligent event that caused your injury.  At Van Dorn & Curtiss, we can review your case and help determine your claim eligibility.