Every day, thousands of commuters travel I-93 through New Hampshire. Unfortunately, many of them do so while looking at their phones instead of the road ahead. When these careless actions result in crashes, victims face mounting expenses. Understanding how courts treat distracted driving can help you pursue the compensation you need for recovery.
How New Hampshire treats distracted driving
New Hampshire takes distracted driving seriously. State law prohibits drivers from using handheld electronic devices while operating a vehicle. This includes texting, scrolling through social media, making calls and any other activity that requires holding a phone.
Violating this law is not just a traffic infraction. When a driver breaks this rule and causes a crash, that violation serves as evidence of negligence. While the violation does not automatically prove fault, it can support a claim that the driver breached their duty of care.
Establishing negligence in distracted driving cases
Drivers owe a duty of care when sharing the road with other vehicles. This means they must operate their vehicle safely and follow all traffic laws. When a driver uses their phone behind the wheel, they breach this duty. This breach creates legal liability.
New Hampshire also follows a modified comparative negligence rule. Under this rule, you can recover damages even if you were partially at fault for the accident. However, your fault must not be greater than that of the other driver. This means you can still recover compensation even if the evidence shows equal fault. The court will reduce your compensation by your percentage of fault.
Gathering evidence to prove distracted driving
Distracted driving claims require thorough investigation. When cell phone records raise questions about usage during the crash, additional phone data may be obtained through the court discovery process. This requires following specific legal procedures designed to protect privacy while ensuring relevant evidence is available.
Witnesses who saw the other driver looking down at their device before the collision also provide valuable testimony. Additionally, gather police reports, traffic camera footage and accident reconstruction analysis.
Moving forward after a car accident
The aftermath of a distracted driving accident can feel overwhelming. Fortunately, New Hampshire law offers clear pathways to hold negligent drivers responsible. With proper evidence and legal support, victims can seek compensation while focusing on their recovery.