While there is no federal law regarding drunk driving, driving a vehicle while under the influence of alcohol is illegal in all 50 states, and that includes New Hampshire. Drunk driving is extremely irresponsible, as it puts other drivers and pedestrians at great risk.
Recovering Damages From a Drunk Driver
A blood alcohol concentration of 0.08% or above may result in criminal charges under New Hampshire law. It is expected that any responsible individual will not operate a vehicle after having drank beyond the point of intoxication. Drunk drivers tend to exhibit reckless behaviors, such as driving over the speed limit or failing to yield at intersections. In the event that such behaviors result in an accident that causes one or more parties to sustain injuries, the driver may liable due to his or her negligence.
If a drunk driver’s negligence causes an auto accident, the victim or the family of the victim can obtain legal representation from an attorney to file a lawsuit against the driver for personal injury damages. Such a civil suit is a way get compensation covering the victim’s expenses.
In a personal injury claim that attempts to establish negligence, the victimhas to show that the other driver failed to behave responsibly. First, the victim has to show that the defendant owed him or her a duty of care.Evidence must also exist that this duty was breached, resulting in injuries and damages that can be quantified.
One potential issue that can arise in drunk driving cases is that of comparative negligence. Under comparative negligence, a plaintiff must be less than 50% responsible for the crash in order to be able to recover damages. For instance, if the victim was using a cell phone and engaged in a call at the time of the crash, the court might determine that some of the fault lies with the victim. So long as the estimated total of this fault falls below the 50% threshold, the victim can still collect damages. However, the amount of compensation may be adjusted in proportion to the extent to which they were found to be liable for causing the accident.
Those injured in drunk driving crashes may be eligible to recover damages by means of a personal injury laysuit. In the event of a tragic fatality, the victim’s family may file a wrongful death claim. A plaintiff in a negligence claim often seeks two types of damages: 1) economic damages, such as lost wages and medical expenses, and 2) noneconomic damages, such as those allocated for pain and suffering. In the state of New Hampshire, those who sustain injuries as a result of someone driving under the influence may be entitled to rather large compensatory damages, particularly if the accident is determined to have involved malicious intent.
Discuss Your DUI Accident Case With a New Hampshire Attorney
It’s vital to seek competent representation for your DUI case. Don’t go through this alone. Contact one of our experienced personal injury attorneys today.