Chester, NH Motor Vehicle Accident
Feniger & Uliasz Lawyers
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MVA Head On Collision NH
This accident occurred on Wednesday, March 19, 2008 in Chester, NH. Our client, the Plaintiff, was traveling east on Derry Road on his way home from work. The Defendant was traveling in the opposite direction on Derry Road when he crossed the center lane and crashed into the Plaintiff head on. According to the Defendant the roads were wet with spray from other vehicles as well as fog affecting his vision. He claims in his statement to police that he was approaching his usual left turn when his wiper failed. Rather than pull over to the right he continued to approach and attempt to execute the left turn when he struck the Plaintiff head on. He further blames the accident on the light color of the Plaintiff’s vehicle. Neither the police officer nor witnesses found the weather, the road conditions, or the color of the Plaintiff vehicle to be so hazardous. The reality is that the Defendant, in the exercise of due care, should have pulled his vehicle to the right and onto the shoulder to examine his wiper. His failure to do so is clearly negligence and the proximate cause of this accident.
As a direct result of the negligence of the Defendant in the operation of his motor vehicle the Plaintiff sustained injuries. He suffered a comminuted fracture of the right talus (foot fracture), head injury with a loss of consciousness, contusions of the chest and abdomen and a laceration of the right wrist.
At the time of this accident the Plaintiff was the owner of Carpentry, LLC. He was unable to work and missed 493 hours of work. The injuries sustained resulted in total disability from the date of the accident for a period of 12 weeks. The injuries have resulted in a continuing partial disability and residual pain.
