Time Limits in Filing Personal Injury Claim in Motorcycle Accident

Riding a motorcycle down the open road can be invigorating. However, there are risks that come with riding a motorcycle and sharing the road with other vehicles. Dangerous road conditions and negligent drivers are some of the most common causes of motorcycle accidents in New Hampshire. In February 2018, the National Highway Traffic Safety Administration (NHTSA) released the 2016 data on “Traffic Safety Facts” for Motorcycles. Some of the key findings about motorcycles on the road in 2016 are as follows:

  • There were 5,286 motorcyclist fatalities in 2016, a 5.1% increase from 2015;
  • Fatalities for motorcycle riders was nearly 28 times higher than passenger vehicle fatalities based on miles traveled;
  • 57% of motorcycle fatalities occurred in urban areas; and
  • 97% of motorcycle fatalities occurred under cloudy or clear conditions.

Filing a Personal Injury Claim After a Motorcycle Accident in New Hampshire

A motorcycle accident can put a financial strain on the victim and his or her family. Accidents can result in expensive medical bills and lost income. Motorcycle insurance may not be enough to cover all your expenses, especially when the other driver doesn’t have insurance. Filing a personal injury claim allow motorcyclists to recover compensation for motorcycle damage, medical bills, loss of income, pain and suffering, and other damages after an accident.

New Hampshire Law Provides for Compensation to Injured Bikers

In New Hampshire, injured motorcyclists can file a legal claim against any responsible party. This may include another driver, motorcycle parts manufacturer, or government agency. In order to show negligence in a motorcycle personal injury claim, the plaintiff generally has to show:

  • The defendant owed a duty to the rider;
  • The defendant breached that duty of care; and
  • The rider’s injuries were caused by the defendant’s actions.”

Time Limit to File an Accident Claim in New Hampshire

In most personal injury accidents, a motorcycle driver or passenger only has a limited time to file a claim against another driver or responsible party. New Hampshire law provides that a personal injury claim shall be filed within 3 years of the accident.

There may be exceptions to the 3 year limit, so it is important to talk to an experienced motorcycle accident attorney as soon as possible to make sure the claim will not be denied. For example, claims against the State of New Hampshire or other government agencies may need to be filed within 180 days.

Minors who were involved in an accident before they turn 18 may have until age 20 to file a personal injury claim, depending on the type of injury involved.

Personal Injury Lawyers at Tenn And Tenn, P.A. Are Here to Help

At Tenn And Tenn, P.A., our New Hampshire motorcycle accident attorneys are long-time motorcyclists themselves. Attorney John Tenn is an avid motorcyclist, an aggressive personal injury lawyer, and a member of the “Multi-Million Dollar Advocate Forum,” having secured multi-million dollar recoveries for multiple personal injury clients. If you or someone you love has been injured in a motorcycle accident, contact Tenn And Tenn, P.A. for a free injury consultation.

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