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Drunk Driving Accidents in New Hampshire: What a Car Accident Lawyer Wants You to Know About Claims, Compensation, and Legal Strategies

Understanding the Devastating Impact of Drunk Driving Accidents in New Hampshire

Drunk driving is a serious offense in New Hampshire, and unfortunately, it continues to be a significant cause of traffic accidents, resulting in severe injuries and fatalities. If you or a loved one has been injured in a drunk driving accident, understanding your legal rights and options is crucial. This article provides essential information about claims, compensation, and legal strategies, as well as guidance from a New Hampshire car accident lawyer.

The Legal Landscape of Drunk Driving in New Hampshire

🍺Driving Under the Influence (DUI) Laws: New Hampshire has strict laws against driving under the influence of alcohol or drugs. A person is considered legally intoxicated if their blood alcohol content (BAC) is 0.08% or higher. For drivers under the age of 21, the BAC limit is 0.02%.

⚖️Penalties for DUI: The penalties for DUI convictions in New Hampshire can include fines, license suspension, mandatory alcohol education programs, and even jail time. The severity of the penalties increases with each subsequent offense.

🚓Implied Consent Law: New Hampshire operates under an implied consent law, which means that by driving on New Hampshire roads, you have implicitly consented to submit to chemical testing (blood, breath, or urine) if a law enforcement officer has probable cause to believe you are driving under the influence. Refusal to submit to testing can result in immediate license suspension, even if you are not ultimately convicted of DUI.

Establishing Liability in a Drunk Driving Accident

Successfully pursuing a claim after a drunk driving accident requires establishing liability. This typically involves proving the following:

  • ⚠️ The other driver was intoxicated: Evidence of intoxication can include police reports, breathalyzer results, field sobriety test results, and witness testimony.
  • 💥 The driver's intoxication caused the accident: You must demonstrate that the driver's impaired condition was a direct cause of the collision. This may involve accident reconstruction experts and other evidence.
  • 🤕 You suffered damages as a result of the accident: You must prove that you sustained injuries and losses (medical expenses, lost wages, property damage, etc.) as a result of the accident.

Potential Compensation Available to Victims of Drunk Driving Accidents

If you have been injured in a drunk driving accident in New Hampshire, you may be entitled to compensation for various types of damages, including:

  • 🏥 Medical Expenses: This includes past and future medical bills, such as hospital stays, doctor visits, physical therapy, and medication.
  • 💸 Lost Wages: You can recover lost income if your injuries have prevented you from working. This includes both past lost wages and future lost earning capacity.
  • 🤕 Pain and Suffering: This covers the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident.
  • 🛠️ Property Damage: You can recover the cost of repairing or replacing your vehicle.
  • 💔 Loss of Consortium: In some cases, the spouse of an injured victim may be able to recover damages for loss of companionship, affection, and sexual relations.
  • ⚱️ Punitive Damages: In cases involving egregious misconduct, such as drunk driving, you may be able to recover punitive damages, which are designed to punish the defendant and deter similar conduct in the future. New Hampshire law requires a higher burden of proof to obtain punitive damages – you must prove by clear and convincing evidence that the defendant's conduct was malicious, willful, wanton or grossly negligent.

The Importance of Seeking Legal Representation

Navigating the legal process after a drunk driving accident can be complex and challenging. An experienced New Hampshire car accident lawyer can provide invaluable assistance in the following ways:

  • ✔️ Investigating the accident: A lawyer can conduct a thorough investigation to gather evidence, identify witnesses, and determine the cause of the accident.
  • 🤝 Negotiating with insurance companies: Insurance companies often try to minimize payouts to accident victims. A lawyer can negotiate with the insurance company on your behalf to ensure that you receive fair compensation.
  • 👨‍⚖️ Filing a lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.
  • 📚 Understanding the law: A lawyer can explain your legal rights and options and guide you through the legal process.
  • 💼 Maximizing your compensation: A lawyer can help you identify all potential sources of compensation and ensure that you receive the maximum amount you are entitled to.

New Hampshire's Modified Comparative Negligence Law

⚖️Understanding Comparative Negligence: It's important to understand New Hampshire's modified comparative negligence law. This law states that you can recover damages even if you were partially at fault for the accident, as long as your fault is not greater than the other party's. However, the amount of damages you can recover will be reduced by your percentage of fault.

Example: If you were 20% at fault for the accident, you can recover 80% of your damages. However, if you were 51% or more at fault, you cannot recover any damages.

"Dram Shop" Laws in New Hampshire

🍻Holding Establishments Accountable: New Hampshire has "dram shop" laws that may hold establishments that serve alcohol liable for damages caused by intoxicated patrons. If a bar or restaurant negligently serves alcohol to a visibly intoxicated person who then causes an accident, the establishment may be held responsible.

Proving Liability: To establish liability under a dram shop law, you must prove that the establishment knew or should have known that the person they were serving was already intoxicated and that serving them further alcohol created an unreasonable risk of harm to others.

Steps to Take After a Drunk Driving Accident in New Hampshire

If you have been involved in a drunk driving accident, it is important to take the following steps:

  • 🚑 Seek medical attention: Your health and safety are the top priority. Even if you don't feel injured, it is important to seek medical attention to rule out any hidden injuries.
  • 👮 Call the police: Report the accident to the police and obtain a copy of the police report.
  • 📸 Gather evidence: Take photos of the accident scene, including vehicle damage, injuries, and any other relevant evidence.
  • 📝 Exchange information: Exchange contact and insurance information with the other driver.
  • 🚫 Do not admit fault: Avoid admitting fault for the accident, as this could harm your ability to recover compensation.
  • 📞 Contact a lawyer: Contact a New Hampshire car accident lawyer as soon as possible to discuss your legal options.

The Role of Insurance Companies

Dealing with insurance companies after a drunk driving accident can be frustrating. Insurance companies are businesses, and their goal is to minimize payouts. It is important to remember the following:

  • 🙅 Do not give a recorded statement: Avoid giving a recorded statement to the insurance company without first consulting with a lawyer.
  • ✉️ Communicate in writing: Keep a record of all communications with the insurance company. Communicate in writing whenever possible.
  • 📑 Be prepared to negotiate: Insurance companies often make low initial offers. Be prepared to negotiate for a fair settlement.

Investigating the Accident and Gathering Evidence

A thorough investigation is crucial to building a strong case after a drunk driving accident. Your lawyer will work to gather all available evidence, including:

  • 🚨 Police Reports: Police reports contain valuable information, such as the officer's observations, witness statements, and citations issued.
  • 🧪 Breathalyzer or Blood Test Results: These results provide definitive proof of the driver's intoxication.
  • 🗣️ Witness Statements: Witness statements can provide valuable insights into the events leading up to the accident.
  • 📸 Photographs and Videos: Photographs and videos of the accident scene, vehicle damage, and injuries can help to illustrate the severity of the accident.
  • 🧾 Medical Records: Medical records document your injuries and treatment.
  • 💼 Expert Testimony: In some cases, expert testimony from accident reconstruction specialists or medical professionals may be necessary to prove your case.

Legal Strategies for Pursuing a Drunk Driving Accident Claim

An experienced New Hampshire car accident lawyer can develop a legal strategy tailored to your specific situation. Some common legal strategies include:

  • 📝 Negotiating a Settlement: Many drunk driving accident claims are resolved through negotiation with the insurance company.
  • 👨‍⚖️ Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer will file a lawsuit and represent you in court.
  • 🔎 Pursuing Punitive Damages: If the driver's conduct was egregious, your lawyer will pursue punitive damages to punish the driver and deter similar conduct in the future.
  • ⚖️ Holding the Driver Accountable: Your lawyer will work to hold the drunk driver accountable for their actions and ensure that you receive the compensation you deserve.

Preventing Drunk Driving Accidents in New Hampshire

🛑 Prevention is Key: While this article focuses on what to do after a drunk driving accident, the most important goal is to prevent these accidents from happening in the first place. Always remember:

  • 🚗 Never Drink and Drive: If you plan to drink, designate a sober driver or use a ridesharing service.
  • 🔑 Don't Let Others Drive Drunk: If you see someone who is about to drive drunk, take their keys and find them a safe ride home.
  • 🤝 Support Organizations That Fight Drunk Driving: Organizations like Mothers Against Drunk Driving (MADD) are working to raise awareness and prevent drunk driving accidents.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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