Can I Sue My Ex for Causing a Crash in New Hampshire?

Passengers of reckless drivers are incredibly vulnerable, and these individuals often have romantic relationships with the people behind the wheel. If you were injured in a crash while your ex was driving, you might be considering your legal options. Is it possible to sue your ex for causing a car accident in New Hampshire? This is a conversation you might want to have with an experienced Manchester auto accident lawyer.

Drivers Are Responsible for Their Passengers’ Safety

When someone gets behind the wheel of a vehicle, they become responsible for the safety of everyone inside. In the legal world, this is called a “duty of care.” As a passenger, you have the right to ride in a vehicle operated by a driver who takes reasonable steps to protect your safety. If a driver jeopardizes your safety, they breach this duty of care.

This basic principle means that you are allowed to file an injury claim against your driver if they cause an accident. The fact that you willingly entered the vehicle and agreed to let the driver operate it is usually irrelevant. If your ex crashed their vehicle and you suffered injuries as a result, your claim can cover medical bills, missed future earnings, and non-economic (psychological) damages.

What if I Knew My Ex Was Drunk Before Getting Into the Car?

If your ex became inebriated before crashing, your knowledge of their intoxication could affect your claim. Depending on the circumstances, this could trigger “comparative negligence” laws in New Hampshire. Under these laws, you may be partially responsible for your own injuries. This can reduce your total compensation, but it doesn’t necessarily prevent you from filing a claim.

Of course, the defendant and their insurer would have to prove that you were aware of the intoxication, which isn’t always easy. For example, your ex might have picked you up at your home before taking you out on a date. After getting inside the vehicle, you may have noticed your ex’s slurred speech, bloodshot eyes, and alcohol-scented breath. Even though you became aware of your ex’s intoxication, it might have been impossible to exit the vehicle while it was in motion. In this situation, your awareness of their intoxication probably wouldn’t affect your claim.

What if My Ex Didn’t Cause the Crash?

If your ex didn’t cause the crash, you probably cannot sue them. However, you could potentially file a claim against their insurance, depending on what type of coverage they have. Another option would be to sue the driver who did cause your crash. For example, your ex might have been struck by a semi-truck while moving through an intersection. In this situation, it might make more sense to sue the trucking company.

Can a New Hampshire Auto Accident Lawyer Help Me?

If you were injured while riding as a passenger in your ex’s vehicle, you have every right to consider legal action. As long as you can establish that your ex’s recklessness or negligence led to the car crash in New Hampshire, you can probably hold them liable for your injuries. You might also have an opportunity to sue other drivers involved in the collision. Contact Manning Zimmerman & Oliveira PLLC today to discuss this subject in more detail.

Source: 

unionleader.com/news/courts/reckless-driving-or-tragic-accident-weighed-in-fatal-crash-case/article_0fe23f44-ff71-11ef-951b-c3c0fe364a6e.html