Comparative Negligence in Action: Real-World New Hampshire Examples

The Left-Turn Collision

A driver turns left across traffic and is struck by an oncoming car. Investigation shows the oncoming driver was speeding. A jury might assign 80% fault to the turning driver and 20% to the speeder. If the speeder was injured, they could recover 80% of their damages; if the turning driver was injured, recovering would depend on staying at or below 50% fault — here they couldn't, so they'd recover nothing.

The Rear-End Crash With a Twist

Rear-end crashes usually place fault on the following driver. But suppose the lead driver's brake lights were out. A jury might assign some fault to the lead driver for the equipment failure. As long as the following driver isn't found more than 50% at fault — unlikely in most rear-end cases — they could still recover a reduced amount.

The Pedestrian Outside the Crosswalk

A pedestrian crosses mid-block and is hit by a distracted driver. The jury might assign 60% fault to the driver for not paying attention and 40% to the pedestrian for crossing outside the crosswalk. The pedestrian recovers 60% of their damages — reduced, but not eliminated.

The Lesson

These examples show why fault percentages matter so much and why insurers fight to push your share over 50%. Building strong evidence to keep your fault below the line is often the central battle in a New Hampshire claim.