New Hampshire truck accident attorneys seek to register device to determine fault

Determining fault is essential in truck accidents that often leave people with serious injuries and significant financial damage.


A New Hampshire State Police trooper was killed on October 28, 2021, while on duty on I-95, after his car was hit by a tractor. Flags were ordered at half mast on all official buildings to mourn the loss of Sgt. Jesse Sherrill who was killed in the line of duty. However, countless other New Hampshire residents are killed or injured in truck crashes each year. As if that weren’t enough, many victims and their families then struggle financially, as recovering damages from the insurance company is not for the faint-hearted. These types of accidents can be incredibly complex and it takes an experienced New Hampshire truck accident attorney to establish the true cause and who should be held liable.

In a collision between two passenger cars, it is easy to assign blame. Generally it is one of the drivers who is accelerating or who is distracted and who explains the accident. However, when commercial vehicles are involved, the real culprit may not even be present at the scene of the accident.

When faced with such an accident, truck accident attorneys in Manchester, NH always start by looking beyond the information in the police report.

Police vehicles at the scene of the accident; image by Aaron Doucett, via Unsplash.com.

Take, for example, an accident caused by the erratic maneuvers of the truck driver. If the driver recklessly changes lanes or fails to apply the brakes to avoid crashing into you, the police may suspect intoxication and order a breathalyzer immediately. What if the driver was not drunk, but simply exhausted? Maybe he didn’t brake in time because he just closed his eyes for a few seconds and didn’t see you.

One of the first things your accident attorneys will do is request access to the driver’s log. It is a mandatory electronic device on interstate utility vehicles. These devices record the number of hours the driver has spent behind the wheel over the past few days and the number of breaks he has available. If he is found to have driven continuously for more than 11 hours, it is a violation of federal traffic safety regulations. Your lawyer will want to know why. If the driver had personal reasons for being late and was trying to make up for lost time, he bears the responsibility for the accident. On the other hand, if his employer encourages him to continue driving to get to his destination as soon as possible, it is the company that must be held responsible.

At the same time, your lawyers will want to investigate the technical condition of the truck at the time of the accident. Maybe the driver couldn’t avoid hitting you because the brake system malfunctioned. Or maybe he had problems with the steering system. Your attorneys could hire an independent expert to examine the truck, as any malfunction or defective part could be used as grounds for filing a lawsuit against the trucking company or any other company in charge of maintaining the vehicle. It may also be that the manufacturer is responsible for the defective part, in which case they should be held liable.

Determining fault is essential in truck accidents that often leave people with serious injuries and significant financial damage.