Posted in Motorcycle Accident
New Hampshire stands apart from every other state in the country on the subject of motorcycle helmets, and that unusual legal framework shapes considerably how injury claims actually unfold after a crash occurs. Understanding these rules helps an injured rider know exactly what to expect when dealing with an insurance company that will resist paying.
New Hampshire Requires Helmets Only for Riders Under Eighteen
RSA 265:122 requires only motorcycle operators and passengers under eighteen years old to wear approved protective headgear, making New Hampshire the only state in the entire country without any mandatory helmet law for adult riders on the road. A Keene motorcycle accident lawyer explains this unusual legal rule carefully to clients who assume, incorrectly, that riding without a helmet automatically weakens their case or bars them from recovering anything at all.
A Missing Helmet Can Still Affect a Damages Argument
Even though adult riders break absolutely no law by skipping a helmet, insurers frequently argue that the choice contributed meaningfully to the severity of a head injury sustained in the underlying crash that occurred. Common arguments an insurance company may raise in this context include:
- Claiming a proper helmet would have significantly reduced the severity of a serious traumatic brain injury
- Suggesting the missing helmet demonstrates a general lack of caution and care behind the wheel
- Using the argument as a bargaining tool to strategically push down an initial settlement offer
- Framing the choice as relevant evidence for comparative fault calculations later in the case
New Hampshire courts have explained that “[u]nder New Hampshire law, a plaintiff’s failure to wear a seatbelt is irrelevant to comparative fault or mitigation of damages.” Ritch v. AM Gen. Corp., 1997 U.S. Dist. LEXIS 24196, at *6 (D.N.H. Nov. 17, 1997) (citing Thibeault v. Campbell, 136 N.H. 698 (1993)). But insurance companies still persist in making these arguments, and an experienced New Hampshire personal injury lawyer can help defeat them.
New Hampshire Applies a Modified Comparative Fault Standard
RSA 507:7-d formally establishes New Hampshire’s modified comparative fault rule, allowing an injured rider to recover full damages reduced by their own percentage of fault, as long as that specific share does not reach fifty one percent of the total responsibility for the crash that occurred. A Keene motorcycle accident lawyer works diligently to keep the assigned fault percentage accurate and fair, since insurers routinely push it higher specifically to reduce what they ultimately pay on a given claim.
Three Years Is the Deadline to File Suit
RSA 508:4 generally gives an injured person three full years from the actual date of the crash to file a personal injury lawsuit in New Hampshire courts against the responsible party or parties involved. Missing this deadline typically and permanently bars the claim entirely from proceeding, regardless of how clearly the other driver caused the underlying accident that occurred that particular day.
Bias Against Motorcyclists Remains a Real Obstacle
Jurors frequently and unfairly assume a motorcyclist was speeding or riding recklessly without cause, even when the actual evidence points clearly toward the other driver’s negligence instead of the rider. Objective evidence like traffic camera footage, careful skid mark analysis, and professional accident reconstruction helps establish what genuinely happened at the scene of the crash, entirely independent of any preconceived assumptions jurors might otherwise bring into the courtroom setting.
Documenting the Scene Strengthens Every Claim
Photographing the crash scene, vehicle damage, and any visible injuries immediately after a collision helps preserve important evidence that might otherwise disappear before a case eventually gets fully resolved through settlement or trial. Seeking prompt medical treatment right away also creates a clear and thoroughly documented record connecting the crash directly to the injuries actually claimed later in the case.
Getting Help After a Keene Motorcycle Accident
Understanding how New Hampshire’s unusual helmet law interacts with fault and damages changes considerably how a claim should be approached from the start. Welts, White, & Fontaine, P.C. has proudly represented injured riders across Keene and the surrounding area for many years, handling cases at every stage. If you were hurt seriously in a recent crash, reach out today to discuss your specific legal options and next steps.