Best Motorcycle Accident Lawyers in New Hampshire
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Find a Lawyer in New HampshireAbout Motorcycle Accident Law in New Hampshire, United States
Motorcycle accidents in New Hampshire can result in serious injuries and complex legal challenges. The laws governing motorcycle accidents in New Hampshire are designed to protect the rights of motorcyclists and ensure that those involved in accidents receive fair compensation for their injuries. Understanding these laws is critical because motorcycle accident claims can differ greatly from standard car accident cases due to unique factors such as helmet requirements, motorcycle visibility, and specific state regulations. If you or a loved one has been injured in a motorcycle accident in New Hampshire, it is important to know the fundamentals of local law as well as your legal options.
Why You May Need a Lawyer
Motorcycle accident cases can often be more complicated than other motor vehicle accidents. Here are some common situations where legal help is essential:
- You sustained serious injuries and need to recover medical costs, lost wages, and compensation for pain and suffering.
- Your insurance claim was denied or undervalued.
- There is a dispute over who was at fault in the accident.
- The other party involved is uninsured or underinsured.
- Multiple parties or vehicles were involved, making liability unclear.
- You are facing legal charges or citations in relation to the accident.
- A loved one was incapacitated or killed in the accident, leading to potential wrongful death or catastrophic injury claims.
An experienced motorcycle accident lawyer can navigate these complexities, gather crucial evidence, liaise with insurance companies, and represent your interests in negotiations or court.
Local Laws Overview
There are several New Hampshire-specific legal issues that may impact your motorcycle accident case:
- Helmet Laws: New Hampshire does not require adult motorcycle riders to wear helmets, but helmets are mandatory for riders under the age of 18. Regardless, not wearing a helmet can affect your case if head injuries are involved.
- Fault Rules: New Hampshire is an at-fault or "tort" state, meaning the person responsible for the accident pays for the damages. Determining who was at fault is crucial to the outcome of any claim.
- Comparative Negligence: New Hampshire follows a modified comparative fault rule. If you are found to be 51 percent or more at fault, you cannot recover damages. If you are less than 51 percent at fault, your compensation will be reduced by your percentage of fault.
- Insurance Requirements: Motorcyclists must have the minimum required liability insurance, but uninsured and underinsured motorist coverage is optional, though recommended.
- Statute of Limitations: You generally have three years from the date of the accident to file a personal injury lawsuit.
Understanding these laws is vital to ensuring your rights are protected and that you get the compensation you deserve after a motorcycle accident in New Hampshire.
Frequently Asked Questions
What should I do immediately after a motorcycle accident?
First, seek medical attention even if injuries seem minor. Second, report the accident to local law enforcement. Document the scene with photos, gather witness information, and exchange information with all parties involved. Avoid admitting fault and contact your insurance company as soon as possible.
Do I have to wear a helmet while riding a motorcycle in New Hampshire?
In New Hampshire, riders aged 18 and over are not legally required to wear a helmet. However, helmets are mandatory for those under 18.
Can I recover compensation if I was not wearing a helmet?
Yes, you may still recover compensation, but not wearing a helmet could reduce your recovery if you suffered head injuries, due to comparative negligence arguments by the other party or insurer.
What types of compensation can I recover after a motorcycle accident?
You may be eligible for compensation related to medical expenses, lost wages, property damage, pain and suffering, and, in extreme cases, punitive damages.
How long do I have to file a lawsuit after a motorcycle accident in New Hampshire?
You generally have three years from the date of the accident to file a personal injury lawsuit in civil court.
What if the other driver does not have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to file a claim under your own motorcycle insurance policy if you have uninsured or underinsured motorist coverage.
How is fault determined in a New Hampshire motorcycle accident?
Fault is determined by examining evidence from the accident, including police reports, witness statements, photos, and accident reconstructions. Comparative negligence rules may apply.
Will my insurance rates increase if I am not at fault?
Filing a claim may affect your premiums regardless of fault, but being listed as not at fault can help minimize rate increases.
What if I was partially at fault for the accident?
You may still recover damages as long as you are found to be less than 51 percent at fault. Your compensation will be reduced by your percentage of fault.
Do I need a lawyer for a motorcycle accident claim?
Though not legally required, having a lawyer is highly recommended, especially for serious accidents, disputed liability, or significant injuries. Legal expertise greatly improves your chances of receiving fair compensation.
Additional Resources
For more information or assistance, consider these resources and organizations:
- New Hampshire Department of Safety - Division of Motor Vehicles
- New Hampshire Judicial Branch Self-Help Center
- New Hampshire Bar Association - Lawyer Referral Service
- The Motorcycle Safety Foundation
- Local police and law enforcement agencies
- Personal injury support groups and advocacy organizations
- Your own insurance company or agent for policy details
Next Steps
If you have been involved in a motorcycle accident in New Hampshire, focus first on getting medical treatment. Keep all records and documentation, including police reports, medical bills, and correspondence from insurance companies. It is best to consult with a New Hampshire personal injury or motorcycle accident attorney as soon as possible to review your case and learn about your options. Prepare a list of questions and bring all relevant documents to your first meeting with your lawyer. Remember, timely action is important because of legal deadlines that may affect your claim.
Do not hesitate to reach out to the resources listed above or seek a qualified attorney to protect your rights and start your journey toward recovery and fair compensation.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.