Father Pushes For Harsher Laws After Daughter Killed By Drunk Driver

CONCORD, NH — Elizabeth “Lizzy” Croke of Merrimack was killed in a tragic crash when a drunk wrong-way driver slammed into her vehicle, causing it to become engulfed in flames three years ago.

Lizzy was on her way home in Merrimack when the accident occurred.

Lawmakers and Lizzy's parents are pushing for stricter laws and penalties to prevent future tragedies and hold establishments accountable. The legislation would stiffen penalties for restaurants, bars, and other establishments whose employees overserve patrons who then cause a crash that injures or kills others is on track for Senate consideration.

The bill, HB 279, known as the "Elizabeth Croke Law,” passed the House and is now with the Senate Commerce Committee, which held a hearing last week.

The increased penalties include a jump from a $2,500 fine to $7,500. The 10-day liquor license suspension would rise to 30 days. Businesses that close due to a suspension must also post the reason for the suspension on their front door. The statute allows a reduced penalty if the bar ensures all the serving employees receive training.

The committee will decide whether to send the bill to the full Senate. If the Senate approves it, the legislation will be considered by Gov. Chris Sununu. Sununu appears to favor the bill and will likely sign it into law if it reaches his desk.

Lizzy died of multiple injuries sustained in the crash, which police determined was caused by a drunk driver traveling the wrong way on the turnpike. The other driver, from Windham, was also killed. It was later determined the wrong-way driver had a blood alcohol content of .22, nearly three times the legal limit of .08. The wrong-way driver had been at the Old School Bar and Grill in Windham and a Windham restaurant before the fatal crash, according to authorities.

Investigators with the state Liquor Commission's Division of Enforcement levied an "aggravated violation" against Old School after determining they "served alcoholic beverages to a person who was visibly intoxicated, or who a reasonable and prudent person would know is intoxicated," according to the ruling.

About eight months after he lost his youngest daughter, David Croke, the executor of his daughter's estate, filed suit against Old School. Later, he received the support of legislators, led by state Rep. Maureen Mooney of Merrimack, in crafting the legislation in his daughter's name. In Lizzy’s incident, the liquor license was suspended for ten days, and he was ordered to pay $2,500, the maximum penalty allowed.

Lizzy’s father, David, reflected on two state troopers ringing his doorbell at 2:30 a.m. and how he knew something horrible had happened. It is something he doesn’t want anyone else ever to go through this. He spoke about how Lizzy was his only daughter and would never be able to walk her down the aisle on her wedding day. He would give anything to have her back.

©Jeffrey Hastings www.frameofmindphoto.com/news