Distracted Driving Accidents: What a New Hampshire Car Accident Attorney Wants You to Know

Distracted Driving in New Hampshire: A Growing Threat

Distracted driving has become a pervasive issue on New Hampshire roads, contributing significantly to the rise in car accidents. It's more than just talking on a cell phone; it encompasses any activity that diverts a driver's attention from the primary task of operating a vehicle safely. Understanding the scope of the problem and the legal implications is crucial for all New Hampshire drivers. This article provides insights from a New Hampshire car accident attorney, offering valuable information to protect yourself and understand your rights if you've been involved in a distracted driving accident.

What Constitutes Distracted Driving in New Hampshire?

New Hampshire law recognizes various forms of distracted driving. While cell phone use is a major concern, other activities also fall under this category. Here's a breakdown:

• 📱 Cell Phone Use: Talking, texting, emailing, or using apps while driving. New Hampshire law prohibits texting while driving and hands-free devices are required for phone calls for drivers under 18.
• 🍔 Eating and Drinking: Fumbling with food or drinks can take your eyes off the road and your hands off the wheel.
• 💄 Grooming: Applying makeup, shaving, or fixing hair while driving.
• 🗺️ Navigation Systems: Programming a GPS device while in motion, especially if it requires significant attention.
• 📻 Adjusting the Radio/Infotainment System: Fiddling with the radio, changing music, or adjusting the infotainment system.
• 🧑‍ passengers Interacting with Passengers: Engaging in distracting conversations or dealing with unruly passengers.
• 💭 Daydreaming or Cognitive Distraction: Allowing your mind to wander and losing focus on the road.

The Alarming Statistics of Distracted Driving Accidents in New Hampshire

The numbers paint a concerning picture. Distracted driving accidents contribute significantly to injuries and fatalities on New Hampshire roads. While specific yearly statistics fluctuate, it's consistently a leading cause of crashes. Data from the New Hampshire Department of Transportation and other sources consistently show that a significant percentage of accidents involve some form of driver distraction. Keep an eye on official state reports for the most up-to-date statistics.

Legal Consequences of Distracted Driving in New Hampshire

New Hampshire takes distracted driving seriously. The penalties for violating distracted driving laws can include:

• 💰 Fines: Significant fines, which can increase for repeat offenses.
• 🚗 License Suspension: In some cases, especially for repeat offenders or accidents resulting in serious injury or death, a driver's license can be suspended.
• 📝 Points on Driving Record: Points added to your driving record, which can lead to increased insurance premiums.
• ⚖️ Criminal Charges: In cases where distracted driving results in serious injury or death, the driver may face criminal charges such as negligent driving or even vehicular manslaughter.

Proving Distracted Driving in a New Hampshire Car Accident Case

Establishing that the other driver was distracted is crucial to winning your car accident claim. This often requires thorough investigation and evidence gathering. Here are some strategies your New Hampshire car accident attorney might employ:

• 📞 Cell Phone Records: Subpoenaing the at-fault driver's cell phone records to determine if they were using their phone at the time of the accident. This can be a powerful piece of evidence.
• 👁️ Witness Testimony: Gathering statements from witnesses who saw the driver engaging in a distracting activity.
• 👮 Police Reports: Reviewing the police report for any indications of distraction, such as the officer's observations or the driver's admission.
• 📹 Surveillance Footage: Obtaining surveillance video from nearby businesses or traffic cameras that may have captured the accident or the driver's behavior leading up to it.
• 💻 Social Media: In some cases, social media posts can provide evidence of distracted driving habits.
• 💥 Accident Reconstruction: Engaging an accident reconstruction expert to analyze the evidence and determine the cause of the accident.

Important: It's crucial to contact a New Hampshire car accident attorney as soon as possible after an accident to begin the investigation process and preserve evidence. Evidence can disappear quickly, so prompt action is essential.

Available Compensation for Victims of Distracted Driving Accidents in New Hampshire

If you've been injured in a car accident caused by a distracted driver in New Hampshire, you may be entitled to compensation for various losses. These can include:

• 🏥 Medical Expenses: Coverage for past and future medical bills, including hospital stays, doctor visits, physical therapy, and medication.
• 🤕 Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident.
• lost-wages Lost Wages: Reimbursement for lost income if you've been unable to work due to your injuries. This includes both past and future lost earnings.
• 🛠️ Property Damage: Compensation for the damage to your vehicle or other personal property.
• 🚑 Rehabilitation Costs: Coverage for rehabilitation services, such as occupational therapy or vocational training.
• 💔 Loss of Consortium: In certain cases, the spouse of an injured person may be able to recover damages for loss of companionship, affection, and sexual relations.
• ⚱️ Wrongful Death: If a distracted driving accident results in a fatality, the victim's family may be able to pursue a wrongful death claim.

Strategies for Protecting Yourself from Distracted Drivers in New Hampshire

While you can't control the actions of other drivers, you can take steps to protect yourself from distracted drivers:

• 👀 Be Vigilant: Pay attention to the behavior of other drivers around you. Watch for signs of distraction, such as erratic driving, swerving, or slow reaction times.
• 🛣️ Maintain a Safe Distance: Keep a safe following distance from other vehicles to give yourself more time to react if a distracted driver makes a sudden move.
• 📢 Avoid Distractions Yourself: Practice safe driving habits and avoid engaging in any distracting activities while behind the wheel. Put your phone away, program your GPS before you start driving, and focus on the road.
• 🛡️ Drive Defensively: Anticipate potential hazards and be prepared to react to unexpected situations.
• 🚦 Report Distracted Drivers: If you observe a driver engaging in reckless or dangerous behavior due to distraction, report it to the authorities when it is safe to do so (e.g., have a passenger call or pull over).

The Role of a New Hampshire Car Accident Attorney

Navigating the legal complexities of a car accident claim can be challenging, especially when distracted driving is involved. A New Hampshire car accident attorney can provide invaluable assistance:

• 🤝 Investigating the Accident: Conducting a thorough investigation to gather evidence and determine the cause of the accident.
• 📑 Dealing with Insurance Companies: Negotiating with insurance companies to protect your rights and maximize your compensation.
• 💼 Building Your Case: Preparing a strong legal case to present to the insurance company or, if necessary, to a jury.
• 🗣️ Representing You in Court: Representing you in court if a settlement cannot be reached.
• 🎯 Providing Legal Advice: Providing you with sound legal advice and guidance throughout the entire process.

No-Fault Insurance in New Hampshire: Understanding the Basics

While New Hampshire is generally considered an "at-fault" state, it's important to understand how insurance works. Drivers are required to carry liability insurance to cover damages they cause in an accident. However, New Hampshire does not have mandatory "med-pay" coverage (medical payments coverage) meaning it is not required that you carry insurance to pay for your own medical bills regardless of fault. If you are injured in a car accident due to another driver's negligence, you generally have the right to pursue a claim against their insurance company to recover compensation for your damages. An attorney can help you navigate these complexities and ensure you understand your rights and options.

The Importance of Documentation After an Accident

After a car accident, meticulous documentation is crucial for building a strong claim. Here's what you should document:

• 📝 Police Report: Obtain a copy of the police report.
• 📸 Photos and Videos: Take photos and videos of the accident scene, vehicle damage, and any visible injuries.
• 🧾 Medical Records: Keep copies of all medical records, including doctor's notes, hospital bills, and therapy records.
• 💰 Lost Wage Documentation: Gather documentation of your lost wages, such as pay stubs or a letter from your employer.
• 📒 Personal Journal: Keep a journal to document your pain, suffering, and any other challenges you are experiencing as a result of the accident.
• ✉️ Communication Records: Keep records of all communications with insurance companies, including emails, letters, and phone call logs.

Seeking Immediate Medical Attention

Your health and well-being are paramount after a car accident. Seek immediate medical attention, even if you don't think you're seriously injured. Some injuries may not be immediately apparent. A medical professional can properly diagnose your injuries and provide the necessary treatment. Prompt medical attention also creates a clear record connecting your injuries to the accident.

Statute of Limitations in New Hampshire Car Accident Cases

It's critical to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In New Hampshire, the statute of limitations for personal injury claims, including car accident cases, is generally three years from the date of the accident. Failing to file a lawsuit within this timeframe can bar you from recovering compensation.

Prevention is Key: Promoting Safe Driving Habits

Ultimately, the best way to combat distracted driving is through prevention. By promoting safe driving habits and raising awareness about the dangers of distraction, we can help reduce the number of accidents and save lives on New Hampshire roads.

• 🚫 Put Your Phone Away: Place your phone in the glove compartment or trunk while driving.
• 🤫 Silence Notifications: Turn off notifications to avoid the temptation to check your phone.
• 🤝 Designate a Driver: If you're going out with friends, designate a driver who will remain focused on the road.
• 🧘 Plan Your Route: Plan your route in advance and program your GPS before you start driving.
• 😴 Avoid Driving When Tired: Driving when fatigued can impair your judgment and reaction time.

Conclusion: Protecting Yourself and Seeking Justice

Distracted driving is a serious problem in New Hampshire, with potentially devastating consequences. By understanding the laws, knowing your rights, and taking steps to protect yourself, you can help reduce your risk of being involved in a distracted driving accident. If you have been injured in a car accident caused by a distracted driver, it is essential to seek legal representation from a qualified New Hampshire car accident attorney. They can help you navigate the legal process, protect your rights, and pursue the compensation you deserve.

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