Drunk driving accidents are some of the most devastating and preventable collisions on New Hampshire roads. If you or a loved one has suffered an injury in a crash involving an intoxicated driver, you are likely facing not only physical injuries but also emotional trauma. There is also lost income, mounting medical bills, and uncertainty about what comes next. Reach out an experienced drunk driving accident attorney near you for legal help.
Understanding your legal rights and the steps to take immediately after a drunk driving accident can make a significant difference in your ability to recover full compensation. Here is what you need to do after a drunk driving accident, both to preserve your health and to seek financial compensation for your injuries.
Seek Immediate Medical Attention
Even if you feel “okay” after the accident, it is essential to see a doctor as soon as possible. Some injuries, such as internal bleeding, concussions, or soft tissue damage, may not show symptoms right away.
Getting prompt medical attention creates a record linking your injuries to the accident—something the insurance company will scrutinize carefully.
Follow your doctor’s instructions, attend all appointments, and keep copies of your medical records and bills. This documentation can support your personal injury claim.
Why Should You Hire a Car Accident Attorney?
Insurance companies often try to protect their profits by disputing injury severity, denying the driver’s fault, or even blaming you. An experienced attorney understands these tactics and advocates for your interests.
A drunk driving accident attorney in New Hampshire can:
- Investigate the crash and gather critical evidence
- Obtain police reports, BAC test results, and surveillance footage
- Identify all available liable parties, including third-party vendors or employers
- Handle all communications with insurance companies
- Work with medical experts to document your injuries
- Negotiate aggressively for a full settlement—or take your case to trial if necessary
Most drunk driving accident attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case.
Do Not Speak to the Other Driver’s Insurance Company
Soon after the crash, the at-fault driver’s insurance company may contact you. They may seem friendly or offer a quick settlement—but their goal is to minimize payouts. Anything you say can be used against you, even a casual comment like “I’m feeling better.”
Do not provide a recorded statement or accept a settlement offer without speaking to a personal injury attorney. These early offers often fall far short of the full compensation you are entitled to.
Understand New Hampshire’s DUI Laws
In New Hampshire, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or higher (or 0.02 percent for drivers under 21). A driver can also be charged with DUI if they are impaired by drugs or alcohol, even if their BAC is below the legal limit.
New Hampshire law allows victims of DUI accidents to pursue civil compensation in addition to the criminal penalties the drunk driver may face.
While the state may prosecute the driver for violating the law, your personal injury lawsuit is separate and focuses on recovering damages for your injuries. A drunk driving accident attorney can file a civil action on your behalf, and success in your case does not depend on whether the state convicts the responsible driver. A conviction, however, might greatly help your civil case.
Know What Compensation You May Recover
As an injured victim in a New Hampshire drunk driving accident, you may be eligible for a wide range of compensation, including:
- Medical expenses: Emergency treatment, surgeries, hospital stays, physical therapy, and long-term care
- Lost income: For time missed from work due to your injuries
- Loss of earning capacity: If your injuries affect your ability to work in the future
- Pain and suffering: For physical pain and emotional distress
- Property damage: Repair or replacement of your vehicle and personal items
- Punitive damages: In cases of extreme negligence or recklessness, such as drunk driving, punitive damages may punish the wrongdoer
Calculating these damages requires detailed documentation and legal experience. A car accident attorney can quantify the damages that you are due, so you are not at a disadvantage to the insurance company in the settlement negotiation process.
Can You Hold a Bar or Restaurant Responsible?
New Hampshire has a Dram Shop Law that allows victims to hold alcohol vendors accountable if they serve alcohol to someone who is already visibly intoxicated or under the legal drinking age, and that person then causes an accident.
To succeed in a dram shop claim, you must show that the vendor’s actions contributed to the drunk driver’s impairment and the resulting crash. These cases are complex, but they can be an important avenue for compensation—especially if the driver has little or no insurance coverage.
How Long Do You Have to File a Claim in New Hampshire?
In New Hampshire, the statute of limitations for personal injury claims is three years from the date of the accident. This deadline applies to both insurance claims and lawsuits. If you wait too long, you may lose your right to seek compensation entirely.
However, certain claims—such as those involving a government entity—may have shorter deadlines and special notice requirements. That’s why it’s vital to speak with a drunk driving accident lawyer as soon as possible.
What If a Loved One Was Killed by a Drunk Driver?
If your loved one was tragically killed in a drunk driving accident, you can file a wrongful death lawsuit. In New Hampshire, this claim can be brought by the executor or administrator of the deceased person’s estate on behalf of surviving family members.
Compensation in a wrongful death case may include:
- Funeral and burial expenses
- Medical bills related to the final injury
- Loss of companionship, guidance, and support
- Loss of future income and benefits
Wrongful death cases are emotionally complex, but a compassionate car accident attorney can help your family seek justice and financial relief. You do not have to face the insurance company on your own during a difficult time.
Frequently Asked Questions About New Hampshire Drunk Driving Accidents
What should I do if the drunk driver who hit me fled the scene?
Immediately report everything you remember about the driver and their vehicle to the police. Your own auto insurance policy may provide coverage in this situation.
Uninsured Motorist (UM) coverage can pay for your injuries and damages if the at-fault driver is never identified or is caught but has no insurance. Your attorney can review your policy to determine the full extent of your coverage.
I was a passenger in a car where the driver was drunk and caused an accident. Can I file a claim?
Yes. As an injured passenger, you have the right to file a personal injury claim against the driver of the car you were in. You may hesitate to sue a friend or family member, but their auto insurance company typically pays their claim, not them.
Your own health insurance or the Medical Payments (MedPay) coverage on the driver’s policy may also cover initial medical bills.
How much does it cost to hire a drunk driving accident lawyer?
Most personal injury attorneys use a contingency fee agreement. This means the lawyer’s fee is a percentage of the final settlement or award they obtain for you.
You do not pay any attorney fees upfront or out-of-pocket. If your lawyer does not secure financial compensation for you, you owe them no fee.
The insurance adjuster for the other driver seems friendly and wants my recorded statement. Should I provide one?
You should not provide a recorded statement to the other driver’s insurance company without first consulting your own attorney.
The adjuster’s job is to find reasons to deny or devalue your claim. They train to ask questions that may get you to unintentionally hurt your case or say something that can be misinterpreted later.
Have your lawyer handle all communications with the at-fault driver’s insurer.
How Can a New Hampshire Drunk Driving Accident Lawyer Help You?
After a drunk driving accident, contact a New Hampshire personal injury law firm that focuses on these complex cases. Your lawyer protects your legal rights and pursues the financial compensation you need to move forward.