How Fault Is Determined in New Hampshire Accidents

The Building Blocks of Fault

Fault in a New Hampshire accident is established through evidence: the police report, witness statements, physical evidence at the scene, photographs, and sometimes expert reconstruction. Traffic-law violations — running a light, failing to yield, speeding, distracted driving — are powerful indicators of negligence.

The Role of Comparative Negligence

Because New Hampshire uses the 51% comparative negligence rule, fault is rarely all-or-nothing. Multiple parties may share responsibility, and the percentage assigned to each directly affects recovery. The difference between 49% and 51% fault for the injured person is the difference between recovering and recovering nothing.

How Insurers and Courts Assess It

Insurance adjusters make initial fault determinations that favor their company, but those aren't binding. If a claim is litigated, a judge or jury ultimately decides fault based on the evidence. Strong documentation and credible testimony shift the assessment toward the truth.

Why It Pays to Build the Record

Since fault determines whether and how much you recover, investing early in evidence — photos, witnesses, reconstruction — pays off. An attorney's investigation can counter an insurer's self-serving fault determination and protect your position under the 51% rule.