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Articles Tagged with Auto Accident

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NH Supreme Court Upholds Negligent Homicide in Cellphone case.

 If you are not convinced that talking on a cellphone while driving is dangerous, consider this recent ruling by NH Highest Court.  On Friday, February 8, 2013, the Court ruled unanimously to uphold the conviction of Lynne Dion in the 2009 death of pedestrian Genny Bassett.  Although talking on a cell phone while driving is not illegal in New Hampshire, by its ruling, the Supreme Court says doing so can be used to convict a driver of criminal negligent homicide.

According to the Court Opinion, the collision occurred a little after 9 p.m. on June 28, 2009.  Genny Bassett was walking her close friend, Elsa Gonnella home, after an evening of playing cards and watching movies. The two women were crossing a bridge in Franklin and had almost reached the sidewalk when they were struck by Dion’s car.  Dion said she never saw the women in the newly painted, well-lit crosswalk. Dion braked when she heard a loud “pop” and felt glass coming into her car. Her vehicle had hit Bassett’s right leg and Bassett’s head hit the passenger side of the windshield, fracturing her skull and causing a fatal head injury.cellphones

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According to New Hampshire’s Union Leader, a 42-year-old woman from Campton was killed in a traffic collision on Interstate 93 when her vehicle was hit from behind, she lost control of her vehicle, and the vehicle crashed into a tree. The tree was located in the median, and the woman hit the tree with the driver’s side of her car. She was pronounced dead at the scene.

While investigation into this crash has essentially ruled out alcohol having been a factor, it is speculated that high speeds and adverse weather conditions could have played significant roles in this crash. While adverse weather conditions are hardly the fault of motorists, driving at excessive speeds is. When motorists refuse to adhere to the rules of the road, the results are often characterized by destruction created by traffic collisions, and incidences of wrongful death. Furthermore, even though dangerous road conditions do not appear to have played a factor in this particular crash, adverse conditions often can cause motorists to lose control of their vehicles. In the event that such conditions do cause an accident, even if just partially, then local municipalities are also at fault, and motorists can seek damages from those municipalities just as they can in regards to negligent motorists.

Further investigation will undoubtedly reveal some degree of negligence that helped cause the crash. For all victims of traffic accidents, and for the families of those victims that lose their lives, it is important to know that negligent parties should and can be held accountable in a court of law. Accidents need to be thoroughly reconstructed and all details need to be given proper consideration.

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