Motorcycle accidents are an unfortunate reality for many riders, and when they occur, the consequences can be devastating. In New Hampshire, motorcyclists have the same rights as any other motorist on the road. However, due to the inherent risks associated with riding a motorcycle, the outcomes of accidents involving motorcycles can be significantly more severe. This makes it essential for motorcyclists to fully understand their rights and the legal recourses available to them after an accident. Being aware of these rights can make a crucial difference in how one navigates the aftermath of a motorcycle accident, particularly in a state like New Hampshire where motorcycle culture is robust and widely embraced.
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.
The Immediate Aftermath of a Motorcycle Accident
In the moments following a motorcycle accident, it is common to experience shock, confusion, and even fear. These emotions can cloud judgment and make it difficult to take the necessary steps to protect oneself legally. In New Hampshire, as in any other state, the priority should always be on ensuring one’s safety and well-being. Seeking medical attention immediately, even if injuries appear minor, is crucial. Motorcycle accidents can cause internal injuries that may not be immediately apparent, and a thorough medical examination can uncover these issues before they become life-threatening.
Once medical attention has been secured, it is vital to document the scene of the accident as thoroughly as possible. Photographs, witness statements, and any other evidence should be collected if it is safe to do so. This documentation will be invaluable when pursuing a legal claim later on. Additionally, it is important to avoid making any statements to insurance companies or other involved parties without first consulting with a knowledgeable attorney. Statements made in the heat of the moment can be used against the injured party, potentially limiting their ability to recover the full compensation they are entitled to.
Understanding Liability in New Hampshire Motorcycle Accidents
New Hampshire operates under a fault-based system when it comes to motor vehicle accidents, including those involving motorcycles. This means that the party found to be at fault for the accident is responsible for compensating the injured party for their damages. Determining fault in a motorcycle accident can be complex, particularly when multiple parties are involved or when there is a dispute over how the accident occurred. It is not uncommon for insurance companies to attempt to shift blame onto the motorcyclist, often citing the inherent risks of riding a motorcycle as justification.
However, in New Hampshire, motorcyclists have the same rights as any other driver on the road. This includes the right to pursue compensation for damages when another party’s negligence caused the accident. Negligence can take many forms, including distracted driving, failure to yield, speeding, and driving under the influence. An experienced attorney can help gather the necessary evidence to establish liability, ensuring that the injured motorcyclist is not unfairly blamed for the accident.
The Role of Insurance in Motorcycle Accident Claims
Insurance plays a significant role in the aftermath of a motorcycle accident in New Hampshire. The state requires that all motorcyclists carry liability insurance, which is intended to cover damages to others if the motorcyclist is found to be at fault for an accident. However, this insurance may not cover the full extent of the damages suffered by the injured party, particularly if the injuries are severe.
In cases where the at-fault party’s insurance is insufficient to cover the damages, or if the at-fault party is uninsured, the injured motorcyclist may be able to seek compensation through their own insurance policy. This is particularly true if the motorcyclist has uninsured/underinsured motorist coverage, which is designed to provide additional compensation when the at-fault party’s insurance is inadequate. Navigating the complexities of insurance claims can be challenging, and insurance companies often seek to minimize payouts. Having a knowledgeable attorney on one’s side can help ensure that the injured motorcyclist receives the full compensation they are entitled to.
Pursuing Legal Action After a Motorcycle Accident
When insurance does not fully cover the damages resulting from a motorcycle accident, or when the at-fault party’s negligence is particularly egregious, pursuing legal action may be necessary. In New Hampshire, injured motorcyclists have the right to file a personal injury lawsuit against the at-fault party. This lawsuit can seek compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and more.
The process of filing a lawsuit can be complex, and it is subject to strict timelines known as statutes of limitations. In New Hampshire, the statute of limitations for personal injury claims is typically three years from the date of the accident. Failing to file a claim within this time frame can result in the injured party being barred from seeking compensation altogether. Therefore, it is essential to act promptly and consult with an attorney as soon as possible after the accident.
An attorney can assist in gathering evidence, negotiating with insurance companies, and representing the injured party in court if necessary. They can also help determine the full extent of the damages suffered, ensuring that the injured motorcyclist is not shortchanged in the compensation they receive. In cases where the accident results in long-term or permanent injuries, the compensation sought may need to account for future medical expenses, ongoing care, and loss of earning capacity.
Common Injuries in Motorcycle Accidents and Their Impact
Motorcycle accidents can result in a wide range of injuries, some of which can have long-lasting or even permanent effects on the injured party’s life. Common injuries in motorcycle accidents include fractures, head and neck injuries, spinal cord injuries, and road rash. Each of these injuries can result in significant medical expenses, ongoing treatment, and rehabilitation.
Fractures, for example, are common in motorcycle accidents due to the lack of protection for the rider’s body. These injuries can require surgeries, physical therapy, and extended time off work. Head and neck injuries, including traumatic brain injuries, can have life-altering consequences, affecting cognitive function, memory, and overall quality of life. Spinal cord injuries can lead to partial or complete paralysis, necessitating long-term care and significant changes to the injured party’s lifestyle.
Road rash, while seemingly minor compared to other injuries, can also have serious consequences. Severe road rash can lead to infections, scarring, and the need for skin grafts. The pain and suffering associated with these injuries, along with the emotional trauma of the accident, are also important factors to consider when seeking compensation.
The Importance of Legal Representation in Motorcycle Accident Cases
Given the complexities involved in motorcycle accident cases, having legal representation is crucial. An attorney can help protect the injured motorcyclist’s rights and ensure that they are not taken advantage of by insurance companies or other parties involved in the case. They can also help navigate the legal system, which can be overwhelming for someone who is already dealing with the physical and emotional aftermath of an accident.
An attorney’s role is not only to handle the legal aspects of the case but also to provide support and guidance to the injured party. This includes helping the injured motorcyclist understand their rights, explaining the legal process, and advocating for their best interests at every stage of the case. With the right legal representation, the injured motorcyclist can focus on their recovery while knowing that their case is in capable hands.
Understanding your rights after a motorcycle accident in New Hampshire is essential to ensuring that you receive the compensation you deserve. Motorcycle accidents can have devastating consequences, and navigating the legal system in the aftermath of such an accident can be challenging. However, with the right knowledge and legal representation, you can protect your rights and hold the responsible party accountable for their actions.
If you or a loved one has been involved in a motorcycle accident in New Hampshire, it is important to seek legal assistance as soon as possible. At Tenn And Tenn, PA, we are committed to helping injured motorcyclists navigate the complexities of their cases and secure the compensation they deserve. Our experienced attorneys understand the unique challenges that motorcyclists face and are here to provide the support and guidance you need during this difficult time. Contact us today to learn more about how we can help you protect your rights and move forward after a motorcycle accident.