New Hampshire
Truck & Commercial Vehicle
Accident Lawyer
Commercial carriers respond to crashes immediately, often before injured motorists have a chance to protect key evidence. Apis Law secures ELD data, investigates regulatory violations, and provides focused legal guidance under New Hampshire law.
Protecting New Hampshire Residents Since 2003
Apis Law represents individuals injured in collisions involving commercial trucks, delivery vehicles, tractor-trailers, and other commercial fleets across New Hampshire. These cases require immediate investigation, strict preservation of electronic data, and a detailed understanding of federal and state regulations governing commercial carriers. Car accidents involving commercial trucks often result in catastrophic injuries due to the size, weight, and stopping distance of these vehicles. Apis Law provides focused litigation support to uncover violations, secure key evidence, and pursue full accountability under New Hampshire and federal law.
Truck Accident Liability in New Hampshire
Truck accident cases differ significantly from standard motor-vehicle collisions. Multiple entities may share responsibility, including:
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Truck drivers
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Motor carriers and corporate owners
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Dispatchers and freight brokers
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Maintenance contractors
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Trailer owners
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Loading and shipping companies
Under both New Hampshire law and federal regulations, liability may arise from negligent operation, defective equipment, improper loading, or regulatory violations. Establishing responsibility requires early evidence collection and detailed analysis of:
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Driver logs
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GPS and telematics
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Pre-trip and post-trip inspections
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Corporate safety policies
The Evidence Has a Shorter Deadline Than Your Claim
A truck claim runs on two clocks, and they do not run together. The first is New Hampshire's statute of limitations, which under RSA 508:4, I gives an injured person three years. The second is federal, and it is much shorter.
A commercial truck is a regulated vehicle. If it is used on a highway in interstate commerce and has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more, it is a commercial motor vehicle under 49 C.F.R. § 390.5, and the company operating it is bound by the Federal Motor Carrier Safety Regulations. Those regulations tell the carrier what records it must generate and how briefly it must keep them.
Every retention period below was read from the current text of the regulation on eCFR.
Driver vehicle inspection report and repair certification. Three months from the date the written report was prepared. 49 C.F.R. § 396.11(a)(4). That is gone 33 months before the three-year deadline.
Driver's record of duty status and supporting documents. Not less than six months from the date of receipt. 49 C.F.R. § 395.8(k)(1). Gone 30 months early.
Back-up copy of the ELD records. Six months. 49 C.F.R. § 395.22(i)(1). Gone 30 months early.
Inspection, repair and maintenance records. One year, and six months after the vehicle leaves the carrier's control. 49 C.F.R. § 396.3(c). Gone 24 months early.
Driver qualification file. As long as the driver is employed by that carrier and for three years thereafter. 49 C.F.R. § 391.51(c). This one survives, if the driver stays.
Read the first line again. The document in which the driver himself wrote down what was wrong with the truck is legally destructible ninety days after he wrote it. A person hit by that truck who waits a year to call a lawyer is still comfortably inside the three-year statute, and may still find the single most useful piece of evidence in the case lawfully in a shredder.
Nothing in these rules obligates a carrier to destroy anything. They are floors, not ceilings, and a carrier on notice of a claim has a separate duty to preserve. The point is narrower and worse: once the retention floor passes, routine destruction stops being misconduct and becomes housekeeping.
This is why a preservation letter has to go out early, and why it has to name the categories by regulation. A letter asking generally for "all records" invites a narrow response. A letter citing § 395.8, § 395.22, § 396.11, § 396.3 and § 391.51 does not.
Common Causes of Truck & Commercial Vehicle Collisions
Driver Fatigue and Hours-of-Service Violations (FMCSA Regs)
Fatigue is a leading cause of truck crashes. Violations of HOS rules often appear through discrepancies in logs, telematics, fuel receipts, and dispatch records.
Improper Loading or Cargo Securement
Shifting loads, overloaded trailers, or unsecured freight can cause jackknifes, rollovers, and lane departures.
Maintenance Failures
Brake issues, worn tires, and mechanical defects may support liability against the carrier or maintenance provider.
Distracted or Impaired Operation
Commercial drivers are held to strict standards. Phone records, CDL requirements, and post-collision testing are critical.
Inadequate Training or Hiring Practices
Motor carriers must ensure their drivers are qualified, supervised, and trained under FMCSA rules.
New Hampshire recognizes this as a claim against the company in its own right, separate from anything the driver did. In Cutter v. Town of Farmington, 126 N.H. 836, 498 A.2d 316 (1985), the Supreme Court held that negligent hiring, training and supervision "is not vicarious liability," and declined to treat the employee's negligence as "a necessary legal prerequisite" to the employer's. The question the Court asked instead was whether the employees "were incompetent, inexperienced or unskilled in a way that caused injury, the risk of which was within the scope of their employment and was known to the employer." Then the line that does the work: "Negligence is not synonymous with incompetence or inexperience."
Put an untrained driver in an eighty-thousand-pound vehicle and the carrier's exposure does not depend on proving the driver did something careless. It depends on what the company knew about his competence when it handed him the keys.
Blind-Spot and Turning Errors
Large commercial vehicles have significant blind zones and require careful lane use, wide turns, and consideration of adjacent riders and motorists.
Injuries Associated With Truck Collisions
Truck crashes often result in severe and permanent injuries:
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Traumatic brain injuries (TBI)
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Spinal cord injuries and paralysis
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Complex fractures requiring surgical intervention
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Internal organ damage
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Crush injuries
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Permanent disability or disfigurement
These cases require careful medical analysis, long-term prognosis evaluation, and clear presentation of economic loss.
Insurance and Liability Complications
Truck accident cases involve complex insurance structures not present in standard auto collisions:
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Layered insurance policies
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Separate policies for tractor, trailer, and carrier
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Broker or shipper liability
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UM/UIM where commercial limits are insufficient
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Federal minimum liability requirements under 49 CFR §387
Insurers dispute causation, shift responsibility between corporate entities, and assert comparative fault early. That last one carries more risk than most people realize. Under RSA 507:7-d, an injured person's own fault does not bar recovery "if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant," and damages are then "diminished in proportion to the amount of fault attributed to the plaintiff."
A percentage is not merely a reduction. Push the injured person past the defense's share and the claim is gone entirely. Adjusters routinely assert a number in the first conversation, before any download or log has been produced, because a number said early anchors everything that follows.
The aggregation language is also a reason to identify every responsible entity rather than only the driver. Fault is measured against the defendants combined, so a claim brought against the driver alone can fail on a percentage that the same claim would survive with the carrier in it.
One more coverage point specific to commercial vehicles. RSA 264:16, I requires a motor vehicle liability policy covering a private passenger automobile to carry medical payments coverage of at least $1,000 per person. Under RSA 264:16, V, that requirement "shall not apply to any commercial policy insuring more than 4 automobiles, nor to any commercial policy covering a garage, automobile sales agency, repair shop, service station, public parking place operation hazards, or trucking operation." The coverage a reader would expect from a car case may simply not exist on the truck's policy.
Legal Challenges in Truck Accident Litigation
These cases often involve:
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Altered or incomplete driver logs
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Destroyed or overwritten ELD data
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Delayed release of dash-cam footage
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Missing maintenance documents
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Disputes over driver fatigue
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Conflicting testimony from carriers and dispatchers
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Corporations attempt to distance themselves from the driver’s conduct
Commercial carriers typically deploy rapid-response teams within hours of a crash. Early representation is critical to counter these efforts and preserve evidence for the injured party.
The attempt to separate the company from the driver runs into settled New Hampshire law. Hunter v. R. G. Watkins & Son, 110 N.H. 243, 265 A.2d 15 (1970), holds that where a regular employee is sent on a specific errand within the scope of his employment, "the employer is liable for his acts whether it had control of his detailed operation of the motor vehicle or not." Control of the driver's moment-to-moment operation is not the test.
Scope of employment itself has a three-part test. Porter v. City of Manchester, 151 N.H. 30, 40, 849 A.2d 103 (2004), following Pierson v. Hubbard, 147 N.H. 760, 766, 802 A.2d 1162 (2002), asks whether the conduct "(1) is of the kind she is employed to perform; (2) it occurs substantially within the authorized time and space limits; and (3) it is actuated, at least in part, by a purpose to serve the employer." A dispatched commercial driver on a scheduled route satisfies all three without difficulty.
Apis Law’s Approach to Truck Accident Cases
Apis Law conducts a structured, evidence-driven investigation supported by federal regulatory analysis:
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Immediate litigation hold and preservation letters
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ELD, ECM, and telematics retrieval
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Driver qualification file review
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Hours-of-service audit
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Event Data Recorder evidence
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Cargo securement and loading investigation
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Maintenance document subpoenas
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Accident reconstruction and engineering support
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Review of corporate policies, training manuals, and safety records
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Expert economic + medical damages analysis
Our approach identifies regulatory breaches, establishes causation, and develops a clear record of liability.
Recent Case Insight
Apis Law resolved a complex truck-accident matter involving an out-of-state commercial hauler operating at night near the Manchester–Boston Regional Airport. The client, an employee of a major shipping company, was driving home from work when a tractor-trailer marked “AMAZON” failed to manage a slight curve and sideswiped the client’s vehicle, causing significant personal injury. Police responded to the scene, but the investigation was immediately compromised: the truck driver provided a false registration and a fraudulent insurance card. The vehicle was, in fact, uninsured—an unlawful violation of federal motor-carrier requirements.
Once retained, Apis Law conducted a full-source investigation. Routine insurer inquiries exposed irregularities, including a nonexistent policy and a registration number belonging to a different truck. A federal database search returned no record of the vehicle. Attorney Diaz then traced the truck’s haul through Amazon’s contracting system, securing the underlying transportation agreement. This contract revealed the true identity of the motor-carrier owner, who, as it turned out, had been fulfilling the route using a borrowed truck because his primary vehicle was out of service. The client’s own employer also had a contractual relationship with the hauler, creating additional verification routes that allowed Apis Law to confirm responsibility despite the attempted fraud.
With the evidence fully established, Apis Law exerted substantial pressure based on federal compliance violations, lack of insurance, and the driver’s submission of falsified documents to law enforcement. Once confronted with the reconstructed record, the out-of-state trucking company retained counsel and entered negotiations. The claim ultimately resolved for a significant recovery—well above $50,000—for what was a routine whiplash case. The settlement included compensation for both bodily injury and property damage, and the resolution was secured only after persistent fact-tracing, carrier-database work, contractual discovery, and strategic leverage.
Additional case studies are available on the Apis Law Case Results page for readers seeking further insight into how complex motor-vehicle and commercial-carrier cases are litigated in New Hampshire.
Prior results do not guarantee a similar outcome. Every case is decided on its own facts.
Guidance for Individuals Injured in Truck Collisions
Those involved in a collision with a commercial vehicle should:
• Photograph the vehicles, skid marks, debris fields, and roadway conditions
• Preserve any dash-cam or helmet-cam footage
• Avoid statements to corporate investigators or insurers
• Seek medical treatment and document symptoms
• Record work impact, income loss, and functional limitations
• Contact counsel promptly to protect EDR, ELD, and ECM data before it is lost
Truck cases are highly time-sensitive due to the nature of electronic data storage and corporate response practices.
About the Author
Keith F. Diaz, Esq. | New Hampshire Bar No. 15831
Attorney Keith F. Diaz has practiced law in New Hampshire since 2003. He began his career as a criminal prosecutor in Rockingham County before transitioning to civil litigation in 2005. Today he represents individuals in personal injury and employment law matters throughout Southern New Hampshire. He is admitted to practice before the New Hampshire Supreme Court, the New Hampshire Superior and Circuit Courts, and the United States District Court for the District of New Hampshire. He founded Apis Law in 2022.
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If you have been injured in a collision involving a commercial truck or delivery vehicle, contact Apis Law to discuss liability, regulatory violations, and your rights under New Hampshire law.
Frequently Asked Questions
What should I do immediately after a truck accident?
Photograph the scene, vehicles, skid marks, and debris. Preserve any dash-cam or telematics data, seek medical care, avoid statements to corporate investigators, and contact counsel promptly to protect electronic logging device (ELD) and ECM data before it is overwritten.
How is liability determined in truck and commercial vehicle collisions?
Liability is established through analysis of ELD logs, driver hours-of-service compliance, maintenance records, accident reconstruction, telematics, corporate safety policies, and witness statements. Multiple parties may share fault, including drivers, carriers, brokers, and shippers.
What makes truck accident cases different from ordinary car accidents?
Truck cases involve federal regulations, commercial insurance layers, mandatory recordkeeping, electronic data, cargo securement rules, and corporate responsibility. Carriers may deploy rapid response teams immediately, making early legal intervention essential.
What evidence is most important in a truck accident case?
Electronic logging device and engine control module data, driver logs and records of duty status, driver vehicle inspection reports, the driver qualification file, maintenance and repair records, GPS and telematics history, dash-cam footage, bills of lading and cargo securement documents. Each category has its own federal retention period.
Can more than one company be responsible for a truck accident?
Yes. Liability may extend to the driver, motor carrier, trailer owner, broker, shipper, or maintenance contractor. Each entity may have separate insurance, making a full liability analysis necessary to identify all responsible parties.
Why is early investigation so important?
Federal retention floors run out long before New Hampshire's three-year deadline. A driver vehicle inspection report may be destroyed three months after it is written under 49 C.F.R. § 396.11(a)(4). Carriers also begin their own investigation within hours of a serious crash. A preservation letter citing the specific regulations is the only reliable way to stop routine destruction from becoming lawful.
How long does a trucking company have to keep its records?
Less time than you have to file. Driver vehicle inspection reports must be kept three months under 49 C.F.R. § 396.11(a)(4). Records of duty status and supporting documents, and the ELD back-up copy, are six months under § 395.8(k)(1) and § 395.22(i)(1). Maintenance records run one year, plus six months after the vehicle leaves the carrier's control, under § 396.3(c). The driver qualification file lasts through employment and three years after under § 391.51(c). These are minimums, not deadlines to destroy, but once they pass a carrier can discard records without consequence.
New Hampshire Litigation
Why Clients Choose Apis Law
No case managers. No paralegal runaround. Keith F. Diaz handles your case personally and returns your calls the same day.
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Decades of experience in New Hampshire courts — from superior court to federal district court — providing practical insight into local rules, procedures, and judicial expectations across every county.
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Concentrated practice in personal injury, wrongful termination, and workplace discrimination — enabling precise issue spotting and effective case development.
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If you are looking for an experienced New Hampshire litigation lawyer to evaluate a personal injury claim or employment law dispute, Apis Law is prepared to review your case and explain your legal options.