What type of evidence is required to prove fault in a vehicle rollover case?
In New Hampshire, proving fault in a vehicle rollover case requires evidence that the person at fault was negligent in either their driving or vehicle maintenance. For instance, if the driver was speeding or driving erratically, that could be considered negligence. Additionally, evidence of faulty brakes or other vehicle maintenance issues may be used to prove the driver’s negligence. To prove fault, a victim may use witness statements, police reports, photos or videos taken at the scene, or a police reconstruction of the event. In some cases, expert testimony from a mechanic or accident reconstructionist may be needed to assess the possible causes of the rollover. If it can be shown that a vehicle defect played a part, then the manufacturer or repair shop could be held liable in addition to the driver. The court may also consider any prior history of reckless driving or other negligence on the part of the driver. Evidence of this can include previous tickets or citations, as well as any criminal records or reports of prior driving violations. Ultimately, proving fault in a vehicle rollover case requires demonstrating that the defendant was negligent and that the negligence was a direct cause of the rollover. Evidence of proper vehicle maintenance, sober driving, and following the speed limit can counter claims of negligence.
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