Proving Distracted Driving Caused Your New Hampshire Crash

New Hampshire's Distracted Driving Law

New Hampshire prohibits using handheld electronic devices while driving, including texting. A driver who causes a crash while distracted by a phone, navigation, or another diversion has breached the duty of care and is typically liable for the resulting injuries. But the at-fault driver rarely admits to being distracted, so the burden falls on proving it.

Distraction is not limited to phones. Eating, grooming, reaching for objects, and inattention all count, and any of them can support a negligence claim when they cause a crash.

Evidence That Proves Distraction

Several types of evidence can establish that the other driver was distracted. Phone records, obtained through legal process, can show calls or texts at the time of the crash. Witness accounts of the driver looking down or being inattentive carry weight. Surveillance or dashcam footage may capture the behavior directly. And the physical evidence — a lack of braking before impact, for instance — can indicate the driver never saw the hazard.

Because phone records and footage can be lost or are controlled by others, preserving this evidence quickly is important. A prompt investigation increases the odds of proving what the driver was doing.

Why It Matters for Your Claim

Establishing distraction strengthens liability and counters any attempt to shift fault onto you under New Hampshire's comparative negligence rule. A driver clearly shown to have been texting at the moment of impact is in a poor position to argue you were partly to blame. An attorney can pursue the records and footage needed to make that showing.