Motorcycle accidents are often devastating due to the lack of protection riders have compared to those in enclosed vehicles. When a motorcycle accident involves a hit-and-run driver, the situation becomes even more stressful and challenging to navigate. In New Hampshire, the laws surrounding hit-and-run accidents are strict, and victims of these incidents need to understand the steps they should take to protect themselves and their rights. Being involved in a hit-and-run motorcycle accident can leave you feeling vulnerable, confused, and unsure of how to proceed. However, by taking the appropriate actions and understanding the legal framework in New Hampshire, you can make sure that you handle the situation effectively and increase your chances of receiving compensation for any damages.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Understanding Hit-and-Run Motorcycle Accidents in New Hampshire
Hit-and-run accidents occur when a driver involved in a collision flees the scene without providing their contact or insurance information. This type of behavior is illegal in all states, including New Hampshire, where drivers are required by law to stop after an accident and exchange information with the other party or parties involved. In the case of a hit-and-run motorcycle accident, the consequences can be even more severe, as motorcyclists are more likely to suffer serious injuries in a collision due to their lack of physical protection.
New Hampshire law takes hit-and-run accidents seriously, and drivers who flee the scene of an accident can face severe penalties, including fines, license suspension, and even jail time. Despite these legal consequences, many drivers still choose to leave the scene after causing an accident, particularly when they are uninsured or driving under the influence. In these situations, it is up to the motorcyclist to take swift action to protect their rights and seek justice.
Steps to Take After a Hit-and-Run Motorcycle Accident
The moments following a hit-and-run motorcycle accident can be chaotic and overwhelming. However, it is essential to remain calm and take specific steps to ensure your safety, document the accident, and increase the likelihood of identifying the driver who fled the scene. By following these steps, you can protect yourself and strengthen your case if you need to pursue legal action or file a claim with your insurance company.
One of the most important things to do immediately after the accident is to ensure your safety and that of any passengers or others involved. If you are able to, move to a safe location away from traffic to avoid further harm. Once you are in a secure location, you should contact the authorities by calling 911. Even if the driver who caused the accident has fled the scene, it is crucial to report the accident to the police as soon as possible. Law enforcement officers can investigate the scene, collect evidence, and begin the process of trying to locate the hit-and-run driver. When speaking with the police, provide as much information as you can about the vehicle that hit you, including the make, model, color, and any details about the driver. If you saw the license plate, even a partial number can be extremely helpful in identifying the driver.
Another essential step after a hit-and-run motorcycle accident is to document the scene. If you are physically able, take photographs of the accident site, your motorcycle, and any injuries you sustained. These photos can serve as valuable evidence when filing a claim with your insurance company or pursuing legal action against the hit-and-run driver. Additionally, speak to any witnesses who may have seen the accident and ask for their contact information. Witnesses can provide statements to the police or testify on your behalf if needed.
The Role of Insurance After a Hit-and-Run Motorcycle Accident
One of the most challenging aspects of dealing with a hit-and-run motorcycle accident in New Hampshire is the fact that the at-fault driver may never be found. If the driver is not identified, you will be left with the responsibility of covering your medical expenses and repairing or replacing your motorcycle. Fortunately, New Hampshire requires insurance companies to offer uninsured motorist (UM) coverage, which can help cover the costs associated with a hit-and-run accident.
Uninsured motorist coverage is designed to protect you in situations where the at-fault driver is either uninsured or cannot be identified, as is often the case in hit-and-run accidents. If you have UM coverage as part of your motorcycle insurance policy, you can file a claim with your own insurance company to recover compensation for your medical bills, lost wages, and other damages resulting from the accident. In order to successfully file a claim, you will need to provide evidence of the hit-and-run accident, including the police report, photographs, witness statements, and medical records.
It is important to note that while uninsured motorist coverage can provide financial relief after a hit-and-run motorcycle accident, insurance companies are not always willing to offer full compensation without a fight. Insurance companies may try to minimize the amount they pay out, which is why it is essential to be prepared to negotiate or, if necessary, take legal action to recover the compensation you deserve.
Pursuing Legal Action After a Hit-and-Run Motorcycle Accident
If the hit-and-run driver is identified, you may be able to pursue legal action against them to recover compensation for your injuries and damages. In New Hampshire, you have the right to file a personal injury lawsuit against the at-fault driver if their negligence caused the accident. This may include compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses related to the accident.
To successfully pursue a personal injury lawsuit, you will need to prove that the hit-and-run driver was responsible for the accident and that their negligence directly caused your injuries. This is where the evidence you gathered at the scene, including photographs, witness statements, and the police report, will be critical. Additionally, you may need to consult with medical professionals to provide testimony about the extent of your injuries and how they have impacted your life.
In cases where the hit-and-run driver cannot be identified, you may still be able to take legal action against your own insurance company if they deny your uninsured motorist claim or offer inadequate compensation. Insurance companies have a duty to act in good faith when handling claims, and if they fail to do so, you may have grounds to file a lawsuit for bad faith insurance practices.
Common Challenges in Hit-and-Run Motorcycle Accident Cases
Hit-and-run motorcycle accident cases can present several challenges, particularly when it comes to identifying the at-fault driver. Without the other driver’s information, it can be difficult to recover compensation through traditional means. Additionally, insurance companies may be reluctant to offer full compensation through your uninsured motorist coverage, which can lead to delays or disputes in the claims process.
Another common challenge is proving the extent of your injuries, particularly if they are not immediately apparent after the accident. Some injuries, such as whiplash or traumatic brain injuries, may not manifest until days or even weeks after the accident. It is crucial to seek medical attention as soon as possible after a hit-and-run motorcycle accident, even if you do not feel seriously injured at the time. Medical documentation is essential for proving your injuries and recovering compensation.
Additionally, hit-and-run accidents can have long-lasting emotional and psychological effects, particularly if the accident was severe or life-threatening. These emotional injuries, such as anxiety, depression, or post-traumatic stress disorder (PTSD), can be just as debilitating as physical injuries and should be taken into account when pursuing compensation.
Handling the aftermath of a hit-and-run motorcycle accident in New Hampshire can be overwhelming, especially if you are dealing with serious injuries and mounting medical bills. Navigating the complexities of uninsured motorist claims or pursuing legal action against an at-fault driver requires a thorough understanding of the legal process and a commitment to achieving the best possible outcome. Tenn And Tenn, P.A. is here to help you through this difficult time. Our experienced attorneys are dedicated to providing the legal support you need to recover the compensation you deserve. If you or a loved one has been involved in a hit-and-run motorcycle accident, contact Tenn And Tenn, P.A. today for a consultation and let us guide you through the next steps of your recovery.