Riding a motorcycle in New Hampshire is a popular way to experience the open roads, with the wind rushing by and the sense of freedom that comes with it. However, motorcyclists are more vulnerable on the road compared to those in cars or trucks. Because of this, accidents involving motorcycles often result in serious injuries. One of the most important safety measures that motorcyclists can take is wearing a helmet. Helmets play a crucial role in preventing severe head injuries in the event of an accident, but their role doesn’t stop there. Helmets can also significantly impact motorcycle accident claims in New Hampshire. This is because the use, or lack thereof, of a helmet can affect the outcome of insurance claims and legal cases following an accident. Understanding how helmets factor into motorcycle accident claims can help riders make informed decisions and better protect themselves both physically and legally. At, Tenn And Tenn, PA, we are here to guide you through the legal process and help you navigate the complexities of your case.
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.
Helmet Laws in New Hampshire
New Hampshire is unique when it comes to helmet laws. Unlike many other states, New Hampshire does not require adult motorcyclists to wear a helmet while riding. Only motorcyclists under the age of 18 are legally required to wear helmets in New Hampshire. This freedom of choice for adult riders is often viewed as a reflection of the state’s long-standing commitment to personal liberty. However, the absence of a mandatory helmet law for adults does not mean that choosing not to wear a helmet is without consequences. When an accident occurs, whether or not a rider was wearing a helmet can significantly influence the course of the resulting legal claim.
The Importance of Helmets in Preventing Injuries
Helmets are proven to be effective in reducing the severity of injuries, particularly head and brain injuries, in motorcycle accidents. Without the protection of a helmet, motorcyclists are more likely to suffer traumatic brain injuries, skull fractures, and other serious head injuries that can have long-term or even fatal consequences. Even at low speeds, a motorcycle crash can result in significant head trauma if the rider is not wearing a helmet. On the other hand, helmets provide a layer of protection that can absorb the force of impact and significantly reduce the risk of death or serious injury. For these reasons, wearing a helmet is one of the most important safety measures a motorcyclist can take, even though New Hampshire does not require it for all riders.
How Helmet Use Affects Motorcycle Accident Claims
In motorcycle accident claims, whether or not a rider was wearing a helmet at the time of the accident can play a role in determining liability and the amount of compensation awarded. While New Hampshire does not have a law requiring adult riders to wear helmets, insurance companies and courts may still consider helmet use when evaluating an accident claim. If a rider was not wearing a helmet and suffered a head or brain injury, the insurance company or court may argue that the rider bears some responsibility for the severity of the injury. This is because the lack of helmet use could be seen as contributing to the extent of the injuries, even if the other driver was primarily at fault for causing the accident.
Comparative Negligence in New Hampshire Motorcycle Accident Cases
New Hampshire follows the legal principle of comparative negligence in personal injury cases, including motorcycle accident claims. Comparative negligence means that if a person is found to be partially at fault for their injuries, their compensation may be reduced based on the percentage of fault assigned to them. In motorcycle accident cases, the issue of helmet use can become a factor in determining how much compensation a rider is entitled to receive. If a rider was not wearing a helmet and sustained head injuries, the insurance company or court might argue that the rider is partially responsible for those injuries because they could have been prevented or reduced by wearing a helmet. As a result, the rider’s compensation may be reduced accordingly.
For example, if a motorcyclist is involved in an accident caused by another driver and sustains head injuries, but was not wearing a helmet, the court might determine that the rider was 20 percent at fault for the severity of their injuries. In this case, the rider’s compensation would be reduced by 20 percent. If the total amount of damages is $100,000, the rider would only receive $80,000 after the reduction for comparative negligence.
Proving Fault in Motorcycle Accident Claims
Proving fault is a key aspect of any motorcycle accident claim. In order to receive compensation, the injured motorcyclist must demonstrate that the other driver was negligent and that their negligence caused the accident. Negligence in motorcycle accidents often involves behaviors such as speeding, distracted driving, or failing to yield the right of way. While helmet use is not directly related to the cause of the accident, it can influence the outcome of the claim when injuries are evaluated. This is particularly true in cases where the rider’s injuries are primarily head or brain-related.
If a rider was not wearing a helmet and suffered a head injury, the other driver’s insurance company might argue that the lack of helmet use contributed to the severity of the injuries. This can complicate the process of proving fault and may result in a reduced settlement offer. However, if the injuries sustained were unrelated to the head or brain, such as broken bones or internal injuries, helmet use may not be as relevant to the claim.
Seeking Compensation for Injuries After a Motorcycle Accident
Motorcycle accident victims may be entitled to compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and more. The severity of the injuries sustained in the accident plays a major role in determining the amount of compensation. Head injuries, in particular, can result in significant medical bills, long-term rehabilitation costs, and a reduced quality of life. When pursuing a claim, it is important to document all medical treatment and expenses related to the accident.
If a motorcyclist was not wearing a helmet at the time of the accident and sustained head injuries, it is likely that the insurance company will scrutinize the claim more closely. The insurance company may argue that the lack of helmet use contributed to the severity of the injuries, and they may attempt to reduce the amount of compensation accordingly. In these cases, having strong legal representation can make a difference in ensuring that the injured rider receives fair compensation for their injuries.
The Role of Medical Evidence in Motorcycle Accident Claims
Medical evidence is a critical component of motorcycle accident claims, especially when head injuries are involved. Following an accident, it is important for the injured rider to seek immediate medical attention and follow all recommended treatments. Medical records documenting the injuries, treatments, and prognosis can serve as key evidence in the claim. In cases where the rider was not wearing a helmet, medical specialists may be called upon to provide testimony regarding the extent to which the helmet would have prevented or mitigated the injuries.
Medical evidence can help establish the full extent of the injuries and demonstrate the need for compensation to cover medical bills, rehabilitation, and ongoing care. In cases where the injured rider sustained long-term or permanent disabilities as a result of the accident, medical evidence is essential in calculating future medical costs and lost earning potential.
Why Legal Representation Matters in Motorcycle Accident Claims
Navigating the complexities of a motorcycle accident claim can be challenging, particularly when the issue of helmet use comes into play. Insurance companies may try to minimize the amount of compensation by arguing that the rider’s injuries were worsened by the lack of a helmet. Having experienced legal representation can make a significant difference in the outcome of the claim. A knowledgeable attorney can help gather evidence, negotiate with insurance companies, and present a strong case to ensure that the injured rider receives fair compensation.
Motorcycle accident claims often involve multiple factors, including proving fault, assessing damages, and addressing issues related to helmet use. For this reason, it is important to have an attorney who understands the nuances of motorcycle accident cases and can advocate effectively on behalf of the injured rider.
If you or a loved one has been injured in a motorcycle accident in New Hampshire, it is important to seek legal guidance to protect your rights and pursue fair compensation. Whether or not you were wearing a helmet at the time of the accident, you may be entitled to compensation for your injuries. Tenn And Tenn, PA is here to help you navigate the legal process and ensure that you receive the compensation you deserve. Contact our experienced motorcycle accident attorneys today to discuss your case and learn more about how we can assist you in pursuing your claim.