In This Article
New Hampshire's Hands-Free Law
New Hampshire prohibits using handheld electronic devices while driving. Drivers must use hands-free technology, and texting behind the wheel is illegal. The law reflects the well-documented danger of distracted driving, which slows reaction time as much as impairment does.
Distraction as Evidence of Negligence
When a distracted driver causes a crash, the violation of the hands-free law can help establish negligence. Phone records, witness accounts, and the driver's own admissions can show they were distracted at the moment of impact — strong evidence in a comparative negligence dispute.
Proving Distraction
Establishing distraction often requires obtaining phone records, app usage data, and surveillance footage, and acting quickly to preserve them. An attorney can subpoena these records and reconstruct the seconds before the crash.
Why It Strengthens Your Case
A clear showing that the other driver was texting or otherwise distracted can decisively shift fault in your favor under New Hampshire's 51% rule — and may support enhanced damages where the conduct was especially reckless.
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This article is general information, not legal advice. For guidance on your specific situation, get a free, confidential case review. You pay nothing unless you win.
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