This case study examines a catastrophic head-on collision on Route 95 in New Hampshire caused by an intoxicated driver who crossed the highway median into oncoming traffic. A husband and wife suffered severe, life-altering injuries, and the case involved complex insurance coverage issues tied to a company-owned vehicle. Through early expert involvement, consistent client communication, and strategic negotiation, the matter was resolved pre-litigation with substantial settlements that reflected both current and future damages.
Overview
The Law Office of Mazow McCullough represented a husband and wife who suffered catastrophic injuries after being struck head-on by an intoxicated driver on Route 95 in Hampton, New Hampshire. The collision occurred when the drunk driver crossed the grassy median and entered oncoming traffic at highway speed. The case involved severe, life-threatening injuries and complex insurance coverage issues tied to a company-owned vehicle, requiring early intervention, expert involvement, and careful strategic planning to secure a fair outcome.
Client’s Situation
The clients were traveling southbound on Route 95 when another vehicle suddenly crossed the median separating the highway lanes and collided with them head-on. Both vehicles were traveling at speeds exceeding 50 miles per hour, resulting in an explosive impact.
The husband, who was a passenger in the vehicle, suffered devastating injuries. Within the first 24 hours after the crash, it was unclear whether he would survive. He sustained multiple fractures spanning from his collarbone down through his lower extremities, along with other serious injuries that required extensive medical care.
The wife also suffered significant injuries, including a fractured ankle that required surgery. Beyond the physical trauma, she endured severe emotional distress while facing the uncertainty of her husband’s survival and recovery.
Both clients were unable to work and were suddenly confronted with overwhelming medical, financial, and emotional challenges.
Key Legal Challenges
Although liability for the crash itself was clear, the case presented complex insurance coverage issues. The at-fault driver was heavily intoxicated and was driving a vehicle owned by his wife’s employer, a large national bank. The driver was not the listed employee for the vehicle, raising immediate questions about permissive use and whether the applicable insurance policies would provide coverage.
The vehicle carried multiple layers of commercial insurance, which was critical given the severity of the injuries. Ensuring that all available coverage remained in place throughout the case became a central legal focus from the outset.
Strategy and Early Action
Given the seriousness of the injuries, the legal team became involved very early. The strategy focused on constant communication with the clients, helping them navigate medical treatment, manage expectations, and avoid rushing their recovery.
Experts were retained almost immediately, including accident reconstruction specialists and medical experts across multiple disciplines. These experts were kept informed throughout the treatment process, allowing opinions to be formed while recovery was ongoing rather than waiting until treatment concluded.
This early preparation positioned the case for resolution once the clients reached medical stability, nearly two years after the collision.
Addressing Ongoing Obstacles
The primary obstacles throughout the case remained insurance coverage and the need to fully account for future medical care and permanent injuries. By involving experts early and continually updating them with medical records and treatment progress, the firm was prepared to present a comprehensive and well-supported settlement demand.
The criminal prosecution of the drunk driver in New Hampshire for operating under the influence and reckless driving further strengthened the civil case and provided leverage during negotiations.
Resolution and Outcome
Rather than proceeding to litigation, the matter resolved through pre-litigation mediation. The preparation and evidence presented made clear both the severity of the injuries and the strength of the liability case.
The wife’s claim resolved for $675,000, reflecting her physical injuries and emotional trauma. The husband’s claim resolved for $3.2 million, accounting for his extensive injuries, prolonged recovery, and lasting impact on his life.
The settlements provided the clients with financial stability and the ability to focus on recovery without the uncertainty of prolonged litigation.
Conclusion
This case demonstrates the importance of early action, expert involvement, and strategic handling of insurance coverage issues in catastrophic injury cases. By staying proactive, maintaining close communication with the clients, and preparing the case well in advance of settlement discussions, the Law Office of Mazow McCullough secured a full and fair resolution for both injured clients.
The outcome reflects a commitment to thorough preparation and client-focused advocacy in cases involving severe injuries and complex legal challenges.
For more information, visit helpinginjured.com or call 978-744-8000.
