“Flying Snow Is No Accident: Jessica’s Law in New Hampshire”~3 min read

            As snow is bearing down on most of the country and is coming to New Hampshire this weekend, it is important to remember laws associated with snow. One of them is called “Jessica’s Law”. Jessica’s Law has been the law of New Hampshire for over twenty (20) years now. It is a law that requires the clearing of ice and snow off the top of a vehicle prior to driving it. The basis of the law was a tragic accident that claimed the life of Jessica Smith in 1999. A piece of ice about nine (9) feet long flew off of a tractor trailer, smashing into a box truck that veered into Jessica’s vehicle causing her death. The accident in Peterborough is not long forgotten by her parents, as Jessica would be over forty years old now.

            Despite this law, we still see those on the highway and the roads who have not complied with the law. We understand what it is like to be rushed in the morning, cold, freezing and not wanting to clear off the top of your car, SUV or truck. Still, the consequences are dire if the snow or ice flies off and causes an accident like the one that claimed Jessica’s life. If the ice on the top of your roof comes off and kills someone, then it will be an immediate realization that you should have spent the 5-10 minutes to clear the snow off. Obviously, nothing is worth losing a life over, especially not clearing your car off. We typically suggest a “snow broom” in lieu of an ice scraper, as a broom is longer and can reach the top of any vehicle no matter how tall or short you are. No matter what, as fellow drivers in New Hampshire, we ask that you take that extra few minutes to clear off your vehicle and make it safer for those around you.

            If someone does not clear the snow or ice off their car is a violation of RSA 265-79(b). In the first instance, criminal charges may be brought by the local police to take action against you. Additionally, a negligence action can also be brought. In such a situation, PMM law pleads that the statute in question was designed to protect people, and that the violation of that statute causes injury. This type of “rule breaking” claim is important, as it demonstrates how the negligent and reckless conduct of not clearing the snow and ice off of your car can cause such a terrible injury. This type of claim is called “negligence per se” and can be a powerful tool to demonstrate how the rule breaking defendant caused the accident and injuries.

            There are many ways someone can injure another through negligence. Failing to clear your car off and causing an injury as a result of the flying ice is just one of the many ways laziness can cause someone to be hurt unnecessarily.  However, the lawyers at PMM law can help you try to get your life back on track if you are injured. Contact our office and find out why we are one of the fastest growing firms in the State, and one of the most decorated.