How to Prove Negligence in a Car Accident Case in New Hampshire

New Hampshire is a fault state when it comes to car accidents. That means the person who caused the accident is responsible for paying damages. Unlike no-fault states where each party’s insurance pays regardless of fault, in New Hampshire, proving fault is critical, and that means proving negligence.

Also, New Hampshire uses a modified comparative negligence rule, which affects how much compensation you’re entitled to. If you’re found to be partly responsible for the accident, your compensation is reduced in proportion to your share of the blame. If you’re 51% or more at fault, you can’t recover anything at all.

This is why building a clear, evidence-backed case to prove the other driver was primarily or entirely at fault is crucial, and of course, you can always hire a Nashua car accident lawyer to help you gather evidence and build a strong case.

The Four Elements You Must Prove to Establish Negligence

To legally prove that the other driver was negligent, your case must satisfy four specific legal elements. Simply having an injury isn’t enough; you have to show a clear chain of responsibility.

Here are the elements you must prove to the court:

Duty of care

Every driver on New Hampshire roads has a legal obligation to operate their vehicle with a reasonable degree of care. This means following traffic laws, driving at safe speeds, staying alert, and avoiding risky behaviors.

You must first show that the other party owed you this duty, which, in a car accident case, is almost always true by default.

Breach of duty

You also have to show that the other driver breached their duty of care. This means they did something or failed to do something that a reasonable driver wouldn’t have done under similar circumstances.

For example:

• A driver who sends a text while driving has breached their duty to stay focused.
• A driver who speeds through a red light has ignored traffic laws, thus breaching their duty of care.

What matters is whether their actions fell below what a “reasonably careful” person would have done in the same situation. This is where the facts of the accident and the driver’s actions come under scrutiny.

Causation

You then have to link that behavior directly to the accident. This is the causation step. You must prove that their actions directly caused the crash and your injuries. If the accident had happened regardless of what they did, or if something else caused the injury, your claim could fail.

New Hampshire courts look at whether the accident would have happened but for the other party’s conduct. If an unrelated mechanical failure, sudden medical emergency, or even wildlife crossing the road was the true cause, proving causation becomes more complex.

Damages

Finally, you must show that the accident resulted in actual damages. This can include:

• Medical bills
• Lost income
• Pain and suffering
• Property damage
• Ongoing rehabilitation costs

New Hampshire doesn’t cap personal injury damages (except in limited medical malpractice cases), which means you can seek full compensation, but only if you can prove it with bills, records, and expert testimony if needed. So, without tangible losses, even a proven act of negligence won’t lead to a compensation award.

Taking Your Case to Court

If settlement negotiations fail, you may need to take your case to court. Your attorney will build a legal argument that walks the judge or jury through each of the four negligence elements using the evidence gathered.

In New Hampshire, you typically have three years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. If you wait too long, the court will likely dismiss your case, no matter how strong the evidence is.