The most common distractions while driving fall into three categories: visual, manual, and cognitive, with cell phone use being a primary example that involves all three. When this type of negligence causes an accident, the at-fault driver’s choices can create significant legal challenges for injured parties.
Holding a driver accountable for their inattention often requires legal guidance from a distracted driving car accident lawyer in New Hampshire from Coates Law Office, who can build a case based on evidence of negligence.
Key Takeaways About Legal Representation Matters in NH Distracted Driving Accidents
- Three types of distractions: Driver inattention is categorized as visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving). Texting while driving is particularly dangerous because it combines all three.
- Proving fault is key: Establishing that a driver was distracted requires evidence like cell phone records, witness statements, and accident reconstruction. This proof is used to demonstrate negligence in a personal injury claim.
- New Hampshire’s Hands-Free Law: New Hampshire law (RSA 265:79-c) prohibits the use of handheld electronic devices while driving. A lawyer can use a violation of this statute as powerful evidence when pursuing distracted driving negligence claims.
- Legal guidance can help keep your case on track for a resolution: A distracted driving car accident lawyer in Nashua manages the complexities of a claim, from gathering
evidence of negligence to negotiating with insurance companies, allowing you to focus on recovery.
The Three Categories of Driver Distractions
Any activity that diverts attention from driving is a distraction. These actions are generally grouped into three
main types, and many of the most dangerous behaviors involve more than one:
- Visual distractions: Anything that causes a driver to take their eyes off the road. Common visual distractions while driving include looking at a GPS, reading a text message, or “rubbernecking” at a previous accident scene.
- Manual distractions: These occur when a driver takes their hands off the steering wheel. Examples of manual distractions while driving include eating and drinking while operating a motor vehicle, adjusting the radio, or reaching for an object elsewhere in the vehicle.
- Cognitive distractions: This is when a driver’s mind wanders from the task of driving. Cognitive distractions while driving, such as being lost in thought (daydreaming and fatigue) or engaging in a stressful conversation with a passenger, can significantly slow reaction times.
Many modern distractions, like cell phone use while driving, are dangerous because they involve all three visual, cognitive, and manual distraction categories. Sending a text message takes a driver’s eyes off the road, hands off the wheel, and mind off of their surroundings.
Proving Negligence in a Distracted Driving Accident
When a distracted driver causes a crash, the challenge is proving that their inattention led to the collision. Insurance companies often look for ways to shift blame, making it difficult for injured individuals to secure fair compensation on their own.
Successfully proving distracted driving accidents requires a strategic approach to gathering evidence. This may include:
- Subpoenaing cell phone records: Official records can show if the at-fault driver was texting, talking, or using data at the time of the crash.
- Obtaining police reports: The official report may contain notes from the responding officer about suspected driver distraction or witness accounts.
- Interviewing witnesses: Bystanders may have seen the other driver looking at their phone, eating, or otherwise not paying attention to the road.
- Accident reconstruction: In some cases, professionals can analyze the crash scene to demonstrate that a driver’s reaction time was delayed, which is consistent with distracted driving.
A car accident lawyer orchestrates this investigation, piecing together the evidence needed to hold distracted drivers accountable and to build a strong foundation for a car accident lawsuit.
Distracted Driving FAQs
What should I do if I suspect the other driver was on their phone?
Report your suspicions to the police officer at the scene so it can be noted in the official accident report. Avoid confronting the other driver directly. Inform your attorney about what you observed, as they can take legal steps to obtain phone records.
Can passengers be considered a distraction?
Yes, loud or emotional passenger conversations while driving can be a significant cognitive distraction. While it is harder to prove than texting, it can still be a factor in determining fault for a collision.
Is it illegal to use a GPS while driving in New Hampshire?
While New Hampshire’s hands-free law allows the use of a navigation device, it must be mounted on the dashboard or console. Holding a phone to use the GPS is illegal and can be used as evidence of distraction in New Hampshire distracted driving accidents.
What if I was also distracted at the time of the accident?
New Hampshire follows a modified comparative fault rule, meaning you can still recover damages as long as you are not found to be more than 50% at fault. However, your final compensation amount would be reduced by your percentage of fault.
Taking Action After a Distracted Driving Crash With the Help of Coates Law Office
Bradford H.
Coates, Keene Personal Injury Attorney
When another driver’s carelessness causes an injury, the path to recovery can feel complicated. Proving that the at-fault driver was distracted is not always straightforward, but it is a critical step in holding them accountable for the harm they caused.
An experienced attorney can manage the legal process, from investigating the crash to fighting for a fair outcome.
If you are dealing with the consequences of a collision and believe driver inattention was a factor, Coates Law Office is here to provide clear, direct guidance. Contact us today for a free case evaluation. We will answer your questions, discuss your situation and how we can help.
Legal Resources About Car Crash Injury Claims in NH
The following resources offer attorney-curated advice on navigating the challenges of an injury claim. These articles provide additional insights into the processes handled by the firm on your behalf. For personalized legal guidance, contact Coates Law Office for a free case evaluation.