Route 102 (Nashua Road) and Route 101 both carry heavy commuter and commercial traffic through Londonderry, and their intersections and merge points are common sites for crashes where fault isn't entirely one-sided. A driver who eased into your lane may argue you were speeding; a driver who ran a yellow light may argue you were following too closely. In Rockingham County, as anywhere in New Hampshire, being partly at fault does not automatically end your claim but it does change the math.

New Hampshire's Modified Comparative Fault Rule

Under RSA 507:7-d, New Hampshire follows a modified comparative fault system, often called the "51% bar rule." You can still recover damages as long as your share of fault is 50% or less. If you are found 51% or more at fault, you are barred from recovering anything, regardless of how much you were hurt.

When you are partly at fault but under the bar, your compensation is reduced by your percentage of fault. If your damages total $100,000 and you are found 20% at fault, your recovery is reduced to $80,000.

 

Why the Fault Percentage Matters So Much

The difference between 50% and 51% fault is the difference between a reduced recovery and no recovery at all. That single percentage point is exactly why insurance adjusters push hard to shift blame onto injured drivers early in a claim an adjuster's assessment of your fault is a negotiating position, not a legal finding, and it can be challenged.

Common Fault Disputes on Route 101 and Route 102

  • Merge and lane-change collisions, common where Route 101 traffic merges at speed, often disputed over who had the right of way.
  • Rear-end crashes at Route 102 intersections, where the following driver is usually presumed at fault, but sudden or improper stops can shift some responsibility.
  • Left-turn collisions, common at signaled intersections along Nashua Road, where fault often turns on signal timing and sightlines.

 

How Fault Percentage Gets Determined

Fault is established through police reports, physical evidence at the scene, witness statements, and sometimes crash reconstruction or vehicle black box data. If a case goes to trial, a jury assigns the percentage using a special verdict form; if it settles beforehand, the percentage is negotiated which is where having an attorney argue your side of the facts matters most, since the insurance company's opening position is rarely in your favor.

If you were told you share some of the blame for a Londonderry crash, don't assume that ends your claim. A Londonderry car accident attorney can review the police report and evidence to challenge an inflated fault percentage before it reduces or eliminates your recovery.

 

Attorney David E. Buckley has handled New Hampshire injury claims for 30+ years, with a 4.9★ rating from over 250 clients. Call (603) 595-8801 for a free case review. Buckley Law Offices serves clients across Londonderry and Rockingham County.

 

ARTICLE FAQ

Q: Can I recover damages if I was partially at fault for a crash in Londonderry, NH?

A: Yes, as long as you were 50% or less at fault under New Hampshire's modified comparative fault law (RSA 507:7-d). Your compensation is reduced proportionately by your percentage of fault.

 

Q: What happens if I'm found 51% at fault?

A: Under New Hampshire's 51% bar rule, being found 51% or more at fault bars you from recovering any damages, no matter how serious your injuries.

 

Q: Who decides my percentage of fault?

A: If a case goes to trial, a jury assigns the percentage. If the case settles beforehand, the percentage is negotiated between your attorney and the insurance company an adjuster's initial fault assessment is a negotiating position, not a binding legal determination.