Can You Recover Compensation After a Motorcycle Crash Without a Helmet in New Hampshire?

Yes. If you are an adult rider in New Hampshire, you may still pursue compensation after a motorcycle crash even if you were not wearing a helmet. New Hampshire RSA 265:122 requires approved protective headgear for motorcycle riders and passengers who are under 18. The statute does not impose the same helmet requirement on riders who are 18 or older.

Your helmet use and the cause of the crash are separate issues. A missing helmet does not erase another driver’s negligence. If another driver turned left across your path, ran a red light, followed too closely, failed to yield, or made an unsafe lane change, the evidence still has to show who caused the collision.

Helmet use may become part of the dispute when you claim a concussion, traumatic brain injury, skull fracture, or another head injury. Even then, the insurer still has to address the facts of the crash, the injuries you actually suffered, and the law that applies to your claim.

If you are 18 or older, riding without a helmet does not automatically establish that you caused the crash or prevent you from seeking compensation.

What Does New Hampshire Law Say About Motorcycle Helmets?

New Hampshire RSA 265:122 provides that a person under 18 may not drive or ride on a motorcycle or autocycle without approved protective headgear. The statute does not require a motorcycle helmet for a rider who is 18 or older.

You can review the current statute here:

https://gc.nh.gov/RSA/html/XXI/265/265-122.htm

For an adult motorcyclist, riding without a helmet is not, by itself, a violation of RSA 265:122. That does not mean helmet use is irrelevant to safety. Helmets can reduce the risk and severity of head injuries in motorcycle crashes. The legal question after a collision is whether another person’s negligence caused your crash and damages, and whether any conduct attributed to you legally affects the claim.

For more information about New Hampshire motorcycle requirements, visit:

https://www.tennandtenn.com/new-hampshire-motorcycle-safety-laws/

Does Not Wearing a Helmet Mean You Caused the Motorcycle Crash?

No. Collision causation focuses on what caused the vehicles to collide.

After a motorcycle crash, evidence may include:

• The location and direction of each vehicle
  • Traffic lights, stop signs, and other traffic controls
  • Vehicle speed and following distance
  • Right-of-way rules
  • Witness statements
  • Dash-camera or surveillance footage
  • Police reports
  • Vehicle and motorcycle damage
  • Skid marks, debris, and other roadway evidence

Consider a rider traveling through Manchester, New Hampshire, on a green light. A driver turns left across the rider’s lane and leaves too little time for the rider to avoid the collision. The rider is not wearing a helmet and suffers a broken wrist, fractured ribs, and a concussion.

The missing helmet does not explain why the driver entered the rider’s path. The left turn and the surrounding evidence remain central to deciding who caused the crash. An insurer may raise a helmet-related argument about the concussion, but helmet use has no causal connection to the broken wrist, fractured ribs, or damage to the motorcycle.

For more information about motorcycle injury claims, visit:

https://www.tennandtenn.com/new-hampshire-motorcycle-accident-lawyers/

How Does Comparative Fault Work in New Hampshire?

New Hampshire follows a modified comparative fault rule under RSA 507:7-d. You may still recover damages if your fault is not greater than the fault of the defendant, or the combined fault of the defendants when recovery is allowed against more than one defendant. Any damages awarded are reduced in proportion to the percentage of fault assigned to you.

You can review RSA 507:7-d here:

https://gc.nh.gov/rsa/html/LII/507/507-7-d.htm

For example, assume your proven damages total $100,000 and you are found 20 percent at fault for causing the collision. Your damages would generally be reduced by 20 percent, leaving $80,000 before any other case-specific adjustments. If your assigned fault is greater than the fault attributed to the defendant or defendants under the statute, recovery can be barred.

The party claiming that you share fault has the burden of proving the existence or amount of fault attributed to you under RSA 507:7-d.

The key issue is whether the conduct being raised actually relates to legal fault. An insurer cannot establish that you caused a collision merely by pointing out that you were not wearing a helmet.

Can an Insurance Company Use the Missing Helmet Against You?

An insurer may raise helmet nonuse, especially if you suffered a concussion, traumatic brain injury, skull fracture, or another head injury. The insurer may argue that a helmet could have reduced the severity of a particular injury.

That argument is different from proving who caused the collision.

The New Hampshire Supreme Court addressed a related safety-equipment issue in Thibeault v. Campbell, 136 N.H. 698 (1993). That case involved seat-belt nonuse, not motorcycle helmet nonuse. The court held that evidence of failing to use a seat belt was inadmissible to prove negligence when the nonuse may have contributed to the injuries but did not cause the collision itself.

Because Thibeault involved seat belts, it should not be presented as a direct New Hampshire Supreme Court ruling about an adult rider’s failure to wear a motorcycle helmet. A helmet-related argument should be evaluated based on the specific injuries, medical evidence, expert evidence when needed, and the law that applies to the case.

If you suffered a serious head injury, more information is available here:

https://www.tennandtenn.com/new-hampshire-brain-injury-lawyers/

What If You Were Partly at Fault for the Crash?

You can share responsibility for a motorcycle crash based on conduct that actually contributed to the collision.

Examples may include:

• Speeding for the road or traffic conditions
  • Following another vehicle too closely
  • Failing to yield when required
  • Running a red light or stop sign
  • Making an unsafe lane change
  • Riding while impaired
  • Passing in violation of traffic law
  • Riding between lanes of traffic

New Hampshire RSA 265:121 prohibits a motorcycle rider from driving between lanes of traffic or between adjacent lines or rows of vehicles. You can learn more about lane-splitting and lane-filtering here:

https://www.tennandtenn.com/are-lane-splitting-and-lane-filtering-legal-in-new-hampshire/

Even if you bear some responsibility, comparative fault does not automatically eliminate your claim. The percentage of fault assigned to you and the evidence supporting that percentage can directly affect the amount you may recover.

What Compensation May Be Available After a Motorcycle Crash?

If another person’s negligence causes your motorcycle crash, you may be able to seek compensation for losses connected to the collision.

Depending on the evidence in your case, recoverable losses may include:

• Emergency medical treatment and hospital bills
  • Surgery, rehabilitation, and physical therapy
  • Reasonable future medical expenses
  • Lost wages
  • Reduced earning capacity
  • Motorcycle repair or replacement
  • Damage to riding gear and other property
  • Physical pain and mental suffering
  • Scarring or disfigurement
  • Disability
  • Loss of normal activities

A serious motorcycle injury can create financial and personal losses that continue well beyond the first hospital visit. A claim should account for documented current losses and supported future needs rather than focusing only on bills that have already arrived.

For more information about compensatory damages, visit:

https://www.tennandtenn.com/new-hampshire-personal-injury-lawyers/calculating-compensatory-damages/

What Evidence Can Strengthen a Motorcycle Injury Claim?

Evidence can become especially valuable when an insurer tries to make helmet use the central issue. Good documentation can help keep the focus on how the crash occurred and which injuries resulted from it.

Useful evidence may include:

• Photographs of the crash scene
  • Photographs of the motorcycle and other vehicles
  • Photographs of visible injuries
  • Police reports
  • Witness names and contact information
  • Dash-camera footage
  • Business or residential surveillance footage
  • Medical records
  • Diagnostic imaging
  • Wage and employment records
  • Motorcycle repair estimates
  • Property-damage records
  • Insurance letters, emails, and claim documents

The damaged motorcycle and riding gear may also be relevant. In a disputed case, accident-reconstruction analysis or medical expert testimony may be used to address how the collision happened or whether a specific safety device would have changed a specific injury.

You should avoid guessing about speed, distance, visibility, or medical causation when giving a recorded statement to an insurance company. Early statements can later be compared with physical evidence, medical records, witness accounts, and expert opinions.

What Changes If the Injured Rider or Passenger Was Under 18?

The helmet analysis changes for a rider or passenger under 18 because RSA 265:122 requires approved protective headgear for that age group.

A helmet-law violation still does not automatically prove that the young rider caused the collision. If another driver failed to yield, ran a traffic signal, crossed into the motorcycle’s lane, or violated another traffic rule, that driver’s conduct still has to be evaluated.

The effect of a helmet violation can depend on the injuries claimed, the evidence concerning crash causation, comparative fault arguments, medical evidence, and applicable court rulings.

Claims involving minors can also involve special settlement procedures. Under RSA 464-A:42, court approval is required for certain settlements when the net amount to be paid to the minor while the person is still a minor exceeds $10,000.

You can review that statute here:

https://gc.nh.gov/rsa/html/XLIV/464-A/464-A-42.htm

Families should carefully evaluate the full extent of a young rider’s injuries and future needs before resolving a claim.

How Can a New Hampshire Motorcycle Accident Lawyer Help?

A motorcycle claim can become more difficult when an insurer combines three separate questions into one argument:

• Who caused the collision
  • What caused each injury
  • Whether helmet use affected the severity of a particular injury

A motorcycle accident lawyer can investigate the crash, preserve evidence, review police and medical records, identify available insurance coverage, document damages, communicate with insurers, and challenge fault allegations that are not supported by the facts or governing law.

Legal representation may be especially useful if you suffered a brain injury, need long-term medical treatment, cannot return to your previous work, face disputed liability, or receive a settlement offer that places heavy weight on helmet nonuse.

Discuss Your New Hampshire Motorcycle Crash Claim

If you were injured in a New Hampshire motorcycle crash while riding without a helmet, you should not assume that you have lost the right to seek compensation. If you are an adult, New Hampshire law does not require you to wear a motorcycle helmet under RSA 265:122. The facts of the collision, comparative fault, your medical evidence, and the injuries you suffered can all affect your claim.

Tenn And Tenn, PA represents injured people in Manchester and throughout New Hampshire. The firm can review how the crash happened, how New Hampshire comparative fault rules may apply, what damages are supported by the evidence, and whether an insurer is placing improper weight on helmet use.

Call 603-614-5055 to request a consultation at no charge, or visit:

https://www.tennandtenn.com/contact-us/

This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.