New Hampshire Motorcycle Accident Resources

Motorcycle Accidents and Health Insurance Liens

If you have sustained serious bodily injury in a motorcycle accident in New Hampshire, the medical bills associated with those injuries can be significant. Often times the medical bills may have been paid by your health insurance company. Now, your health insurance company has a lien against your injury settlement or verdict, and is entitled to be reimbursed for the medical bills they paid on your behalf. Many motorcycle insurance policies sold in New Hampshire carry little or no medical payment coverage. As such, an injured rider’s health insurance is often called upon to pay the medical bills resulting from the motorcycle collision.

Motorcycle Bias

Having spent the last two (2) decades representing injured motorcyclists in New Hampshire, one common theme is constantly pronounced by insurance defense lawyers–juries hate motorcyclists. They will tell you that New Hampshire juries hate the way they act, the way they speak, and the way they drive. And, although I cannot produce any studies to explain the basis for this bias, those of us who regularly represent persons injured or killed in motorcycle accidents, know this truth to be self evident. Many experts suggest that this bias against motorcyclists stems from the number of “near misses” experienced by automobile operators.

Motorcycles are designed for quick maneuvering, and many motorcyclists freely demonstrate their superior handling on the open road in mixed traffic with cars and trucks. As an example, despite laws that strictly forbid “splitting the lanes” or passing in the breakdown lane, many of us have often seen bikers do just that. Even though the maneuver may be completely controlled, such conduct is often viewed as reckless and irresponsible, and serves only to promote the ongoing cultural bias against motorcyclists.

Unfortunately, many motorcyclists who suffer serious injuries resulting from collisions with cars or trucks are regarded by juries, insurance adjusters and defense attorneys as “guilty until proven innocent”. This bias or attitude must be aggressively challenged. The experienced motorcycle injury lawyers at Tenn And Tenn, P.A. know how to confront and defeat these biases. We are motorcyclists ourselves-lawyers who ride-and we understand the complexities of your injury case, and the difficulties and biases which must be overcome to achieve a favorable recovery for our clients.

Motorcycle Accident Statistics

They’re one of the most beloved symbols of American freedom and independence. Unfortunately, along with motorcycles’ growing popularity has come a rising number of accidents, both fatal and non-fatal, in the United States. Here’s what you need to know about motorcycle accident statistics –and your rights:

The largest number of fatal motorcycle accidents by far comes from multi-vehicle crashes (though they comprise only 56 percent of all crashes, they cause over 85 percent of fatalities). This is due to the devastating effect a large vehicle can have on a relatively unprotected motorcyclist – especially one who is not wearing proper protective gear or a helmet. In fact, in 98 percent of all fatalities occurring during car-on-motorcycle crashes, the motorcyclist is the person to die.

Passenger vehicles are less likely to strike motorcyclists than the other way around, but that doesn’t stop vehicles from failing to observe proper right-of-way laws or share the right of way with motorcycles and other alternative vehicles. Motorcycles can crash into passenger vehicles due to defective motorcycle parts, improper training, speeding, fatigue, inclement weather, or the use of drugs and alcohol. These crashes are more likely to occur on weekends and on largely urban roads.

According to the National Highway Traffic Safety Administration (NTHSA), there were approximately 74 fatalities per 100,000 registered vehicles – and that number doesn’t even take the 88,000 motorcycle accident injuries that occur each year into account. Given that there are around 6.2 million motorcyclists in the United States, it is clear that this number is much too high. Unfortunately, as long as there are negligent drivers on the road, safety and protective gear can only go so far.

According to “Motorcycle Accident Cause Factors and Identification of Countermeasures” (the Hurt Report), motorcycle accidents often result in severe injury and can be deadly. The Hurt Report examined nearly 4,500 crashes occurring in the Los Angeles area and was sponsored in part by the NHTSA in 1981.

Significant Findings Included

1. Injuries to the accident victims’ chest and head were the most deadly.
2. The use of a safety helmet is the single-most critical factor in preventing or reducing head injuries.
3. The use of the full facial coverage helmet increases protection, and significantly reduces face injuries.
4. Safety helmet use caused no attenuation of critical traffic sounds, no limitation of pre-crash visual field, and no fatigue or loss of attention; no element of accident causation was related to helmet use.
5. There is no liability for neck injury by wearing a safety helmet; riders wearing helmets had less neck injuries than riders without helmets.
6. Approximately 50% of the motorcycle riders in traffic accidents were using safety helmets; but, only 40% of the motorcycle riders were wearing helmets at the time of the crash.
7. Seventy-three percent of the accident-involved motorcycle riders used no eye protection, and it is likely that the wind on the unprotected eyes contributed in impairment of vision, which delayed hazard detection.
8. The use of heavy riding boots, a motorcycle jacket, riding gloves, etc., are effective in preventing or reducing abrasions and lacerations. Such injuries occur frequently, but are rarely severe.
9. The severity of the injury increases with the speed involved, alcohol use, and the size of the motorcycle.
10. Approximately half of the fatal accidents involved alcohol.
11. More than half of the accidents involved motorcycle riders with less than 5 months experience on the motorcycle.
12. Motorcycle riders with previous recent traffic citations and accidents are over represented in the accident data.
13. Motorcycle riders between the ages of 16 and 24 are significantly over represented in accidents; motorcycle riders between the ages of 30 and 50 are significantly underrepresented. The majority of the accident-involved motorcycle riders are male (96%).
14. Nearly 75% of the crashes involved motorcycles in a collision with another vehicle, which was mostly a passenger car.
15. The failure of motorists to detect and recognize motorcycles in traffic was the predominating cause of motorcycle-car accidents. The driver of the other vehicle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.
16. The impact scenario most frequently occurring is the motorcycle proceeding straight ahead and the car making a left turn in front of the motorcycle.
17. In accidents involving multiple vehicles, the driver of the other vehicle violated the motorcycle’s right of way and caused the crash in 2/3 of the cases.
18. Intersections are the most likely place for motorcycle crashes with other vehicles.
19. The view of the motorcycle or the other vehicle involved in the accident is limited by glare or obstructed by other vehicles in almost half of the multiple vehicle accidents.
20. Conspicuity of the motorcycle is a critical factor in multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps (on in daylight) and the wearing of high visibility yellow, orange or bright red jackets.
21. The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.
22. Motorcycle riders in many accidents showed significant difficulty avoiding collisions. Most riders would over- brake causing the rear wheel to skid. And, they would under brake with the front wheel, preventing proper deceleration and avoiding the collision. As such, they were unable to counter steer and swerve to avoid the collision.
23. About a quarter of the crashes involved a single motorcycle that either struck a fixed object and/or ran-off the road.
24. The likelihood of injury is extremely high is these motorcycle accidents-98% of the multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
25. Vehicle failure and roadway defects accounted for less than 3% of motorcycle crashes and weather conditions were not a factor in 98% of the cases.
26. The typical lines-of-sight to the traffic hazard portray no contribution of the limits of peripheral vision; more than 75% of all accident hazards are within 45 degrees of either side or straight ahead.
27. The average pre-crash speed was 29.8 miles per hour, and the average crash speed was 21.5 mph.
28. Lack of attention to driving is a common factor for the motorcyclist in an accident.

According to Data From the Motorcycle Safety Foundation

1. Voluntary helmet use rates by motorcyclists in states that do not have helmet laws are about 45%-55%. With mandatory use laws, more than 90% of riders in that state wear helmets.
2. According to a NHTSA Study that examined the effects of helmet-law repeal on motorcycle fatalities over a 10 year period across several states, a 10.4% to 33.3% increase in the fatality rate per accident occurred.
3. Severe brain injury was found to be 600% higher for unhelmeted riders based on an Oregon Study.
4. 55% of all fatal motorcycle crashes occurring in the United States in 1998 involved multiple vehicle crashes and 45% occurred in single-vehicle crashes.
5. Five crash types account for 86% of fatal motorcycle crashes: motorcycle runs-off-road 41%, motorcycle or other vehicle runs traffic control 18%, head-on collision 11%, car turns in front of motorcycle 8% and motorcycle goes down in roadway 7%.
6. Forty-five percent of deaths in single-vehicle motorcycle crashes in 1998 included drivers with a blood alcohol concentration at or above 0.10%.
7. 9 out of 10 motorcycle deaths in 1998 were males. Seventy-seven percent of the females who died in a motorcycle crash were passengers and 98% of males who died were drivers.

Motorcycle Safety Classes in New Hampshire

The New Hampshire Department of Safety, Division of Motor Vehicles, offers three (3) motorcycle rider training programs to New Hampshire motorcycle riders. Whether you are learning to ride a motorcycle for the first time, or are already an experienced motorcyclist looking to improve your skills on the open road, the motorcycle rider training programs have much to offer. The three (3) motorcycle rider training programs offered in New Hampshire have been developed by the Motorcycle Safety Foundation and include the Basic Rider Course, Intermediate Rider Course and Experienced Rider Course.

The Basic Rider Course is an introductory program designed for new motorcycle riders with little or no motorcycle riding experience. The basic course takes approximately fifteen (15) to twenty (20) hours to complete, and involves both classroom instruction and on-cycle riding practice. Successful completion of the basic rider course results in the graduate receiving a completion card that waives the motorcycle skills test given at the Division of Motor Vehicles for motorcycle endorsement, for up to one (1) year.

The Intermediate Rider Course is a one-day refresher program designed to expand upon the lessons learned in the basic rider course. The intermediate course is designed for riders seeking further hands-on motorcycle practice, with an experienced instructor, in a controlled environment.

The Experienced Rider Course is a one-day course designed for motorcycle riders who have at least one (1) year of motorcycle riding experience and whom currently maintain the motorcycle endorsement on their driver’s license. The experienced rider course is designed to help experienced motorcyclists hone and fine-tune their motorcycle riding skills.

New Hampshire motorcycle rider training courses offer each motorcycle rider educational information from experienced certified motorcycle instructors. Whether you are a first time motorcycle rider looking to learn riding basics, or an intermediate or experienced rider seeking to fine-tune your motorcycle riding skills before the next upcoming season, the New Hampshire motorcycle rider training programs are a great place to start.

Motorcycle Hand Signals

When riding as a group, communication is indispensable on the road and when used effectively, increases the overall safety of the entire group. Hand signals allow the lead rider, who is usually the most experienced of the group, to give instructions or warnings to the rest of the group. These could be warnings of debris in the road, for example, or to tell the group to follow in a formation appropriate for upcoming terrain or road conditions.

Motorcycle Injuries in New Hampshire

New Hampshire’s beautiful, tree-lined highways are attractive open roads that draw many motorcycle riders every year. From Route 101 by the beach, to Route 93 and the Kancamangus Highway, there are miles and miles of enjoyable stretches for motorcyclists to savor. Sadly, they are often the sites of tragic motorcycle accidents, many of which result in severe injury or death to riders and their passengers. While experienced motorcycle accident lawyers like those at Tenn And Tenn, P.A. can help you recover compensation for your injuries in the aftermath of an accident, the best thing is for New Hampshire riders to avoid injury in the first place. We have experienced motorcycle enthusiasts who are also successful litigators and who know every aspect of riding and what it takes to stay safe on the roads, as well as the legal aspects of your situation.

According to a 2012 report in the Union Leader, 24 motorcyclists died in New Hampshire accidents, an increase of double from the 12 in the previous year. Unfortunately, due to several factors, the outcomes of motorcycle accidents are often far worse for riders than for automobile drivers.

The most obvious reason is exposure of the motorcyclist to the elements. While car and truck drivers have the security of reinforced steel surrounding them on all sides, ready and able to absorb much of an impact, a motorcycle rider only has his or her personal protective equipment (helmet, leather clothes), if they are even utilizing those. Another significant differentiator is the sheer size of the vehicles involved. If two cars are involved in a collision, their passengers and drivers are at approximately equal risk of injury. However, when a car and a motorcycle are involved in an accident, the chances of the smaller motorcycle’s riders experiencing serious injury become far greater. Quite simply, a motorcyclist is much more vulnerable to serious injury out on the roads than the driver of an automobile.

Motorcycle Laws in New Hampshire

Safety Helmet:
Required by law under age 18

Eye Protection:
Required by law unless you have windshield

Passenger Footrest:
Required if carrying a passenger

Passenger Age Restriction:
None

Helmet Speakers:
No Restrictions

Yearly Safety Inspection:
Inspections are Required

Motorcycle Accident Resource Links

New Hampshire Personal Injury Attorneys – Tenn And Tenn, P.A. Our New Hampshire injury attorneys handle all types of personal injury cases including automobile and motorcycle accidents, wrongful death claims and construction site accidents. If you or a loved one has sustained a significant injury, call us today at (603) 614-5055 for immediate help.

Motorcycle Injury Lawyers of New Hampshire – Our motorcycle lawyers are veteran NH personal injury lawyers who ride motorcycles and can guide you through every aspect of your motorcycle accident case. Call today for your free consultation with one of our New Hampshire motorcycle accident lawyers at (603) 614-5055.

New Hampshire DUI Defense Lawyers – If you have been arrested for drunk driving in New Hampshire- Contact Tenn And Tenn, P.A. for a free consultation with a skilled NH DUI lawyer or NH DWI attorney.

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