• March 03, 2023

Charles O’Hara Injured in Truck Accident in Moultonborough, NH

Moultonborough, NH -- February 28, 2023, Charles O'Hara was injured after an accident where his vehicle hit a jackknifed 18-wheeler.

Investigators said that the crash happened along 11:00 a.m. in the area of Whittier Highway and Fox Hollow Road.

Preliminary details from authorities said that Charles O'Hara was in a Hyundai Santa Fe traveling eastbound on Whittier Highway. It appears that a westbound Freightliner tractor-trailer lost control on the snowy highway. It was said that the truck was going "into a curve too fast" when it jackknifed across eastbound lanes, and the vehicles collided.

It's certainly damning to see initial reports outright say the truck here was going too fast. That said, I don't draw conclusions from preliminary reports, and others shouldn't either. Not only could there be some unusual factors here, but it's important that there is clear evidence beyond just initial claims to actually prove what happened.

Charles O'Hara Injured in Truck Accident in Moultonborough, NH

Let me give an example of why I say that. Here, details suggest the area was snowy at the time. Under scrutiny, that's not really an excuse for anyone, let alone a professional driver in New Hampshire in February. They should know how to drive in slick conditions. The problem is this isn't always put under scrutiny, and trucking companies and insurance companies know that.

That's why there are situations like one I handled recently where a truck slid over the center line during rainy weather, hitting and killing someone. They claimed it was just too darn rainy for their driver to control their vehicle. We knew that was a load of crap, but it was our burden to ensure their defense couldn't find footing, even it seemed flimsy.

Through GPS and ECM data as well as a thorough examination of the truck and its maintenance records, we clearly proved not only that the truck was going too fast for conditions but also that their tires were worn and beyond needing to be replaced. It's possible they would have lost control even if the roads had been dry. It was only after all of that the company begrudgingly cooperated to do right by the victim's loved ones.

I'm not saying these two situations are the same—rarely are any two truck accidents the same. But one thing should always remain consistent between them: the facts need to tell the story. Did someone make a mistake here? Was this a lapse in judgment, or the result of consistent negligent behavior? Was it some highly unusual, unpredictable factor that even the truck driver had control over? Whether it's to get someone the help they need or just the answers they deserve, the evidence needs to be able to speak for itself. Hopefully authorities handling this crash have the time, tools, and experience to ensure that happens.

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