How can I prove that the driver of the at-fault vehicle was negligent?
Proving that the driver of the at-fault vehicle was negligent can be done in several ways under New Hampshire law. First, it must be shown that the driver had a duty of care to other people on the road. This can be established through demonstrating that the driver was travelling in an unsafe manner, such as driving above the posted speed limit, driving while intoxicated, or exhibiting a pattern of reckless driving. Second, it must be established that the driver breached his or her duty of care. This can be done by showing that the driver failed to exercise reasonable care when it came to situations that could lead to a vehicle rollover, such as failing to adjust speed to hazardous conditions, failing to follow traffic signals, failing to keep a proper lookout, or failing to keep their vehicle in good working condition. Third, it must be established that the driver’s negligence was the common factor in the rollover accident. This can be done by demonstrating how the driver’s negligent behavior either caused or contributed to the accident. For example, if the driver was under the influence of alcohol and failed to adjust speed to avoid a collision, then this could be used to show that the driver’s negligence was a contributing factor to the accident. Finally, it must be established that the driver’s negligence caused or contributed to the rollover accident. This can be done by demonstrating that the accident would not have happened “but for” the driver’s negligence. For example, if the driver was going too fast and the vehicle began to fishtail, then this could be used to show that the driver’s negligence was a common factor in the rollover accident.
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