When you are involved in a car accident, the path to recovery is often clear: you file an insurance claim and seek compensation for repairs and medical bills. However, when the other driver is impaired, the situation changes fundamentally. A drunk driving accident is not just a lapse in judgment; it is a reckless choice that carries severe legal implications in both Vermont and New Hampshire.
Standard insurance settlements often fail to account for the true gravity of these cases. At Shillen, Mackall, Seldon, Spicer & Fraas, we understand that drunk driving victims face unique challenges that require a more aggressive and strategic legal approach.
Why Drunk Driving Claims Differ from Standard Car Crashes
In a typical negligence case, the goal is to prove that a driver made a mistake. In an impaired driving case, the evidence goes much further. Beyond the civil liability for damages, there is a criminal element that can significantly influence your claim.
An experienced attorney handling drunk driving claims knows how to leverage police reports, breathalyzer results, and witness testimony to build a case that demands more than a basic settlement. We look for evidence of gross negligence or “wanton and reckless” behavior. This distinction is vital because it changes how insurance companies view the risk of going to trial, often leading to higher settlements for our clients.
Holding Bars and Restaurants Accountable (Dram Shop Laws)
One of the most overlooked aspects of an impaired driving case is the source of where the alcohol was served. Both Vermont and New Hampshire have “Dram Shop” laws that allow victims to hold businesses accountable for their role in a crash.
If a bar, restaurant, or liquor store serves alcohol to a person who is visibly intoxicated or to a minor, that establishment may be held liable for the damages that follow. These laws are designed to ensure that businesses prioritize public safety over profit. Our team investigates the hours leading up to the crash to identify the cognitive states of the responsible party. Pursuing a Dram Shop claim can be essential, especially if the drunk driver is underinsured or lacks the assets to cover the full extent of your injuries.
Punitive and Enhanced Damages in VT and NH
The legal landscape regarding compensation for drunk driving varies between Vermont and New Hampshire, and navigating these differences requires local expertise.
- Vermont: In cases involving particularly egregious conduct, Vermont law allows for punitive damages. These are specifically intended to punish the offender and deter others from similar behavior.
- New Hampshire: While New Hampshire does not technically award “punitive” damages, it allows for “enhanced compensatory damages.” These are available when a defendant’s actions are considered reckless or wanton. Because impaired driving shows a conscious disregard for human life, we fight to ensure these enhanced damages are included to reflect the true toll of the accident.
By seeking these additional forms of compensation, we aim to provide you with the financial security needed to address your long-term recovery, lost wages, and the emotional trauma caused by the crash.
Contact Our Drunk Driving Victim Attorneys Today
Drunk driving accidents often result in life-changing injuries, and standard insurance payouts rarely cover the full toll. Call Shillen, Mackall, Seldon, Spicer & Fraas today for a free consultation. We will investigate the crash and pursue every avenue for maximum compensation.
Image credit: // Shutterstock // Panumas Yanuthai