Determining Fault After a Nashua Motorcycle Accident
New Hampshire is an at-fault state, meaning the driver or party whose negligence caused the crash can be held responsible for the resulting injuries and losses. This applies the same way to motorcycle accidents as it does to other vehicle collisions, whether the crash involved another driver failing to yield, following too closely, or simply not seeing the motorcycle in time.
New Hampshire also follows a modified comparative fault rule under state law. Under this rule, an injured rider can still recover compensation even if they were partly at fault for the accident, as long as their share of fault is not greater than the combined fault of the other party or parties involved. If a rider is found to share some responsibility, their compensation is reduced in proportion to their percentage of fault. It is only when a rider’s fault is found to exceed that of the other party that recovery is barred entirely.
What Typically Happens in the Days Following the Accident
In the immediate aftermath of a motorcycle accident, a few key steps tend to shape how the rest of the case unfolds. These commonly include:
- Documenting the scene, including the other driver’s information, license plate, and contact details for any witnesses or responding officers
- Seeking medical attention promptly, even if injuries do not seem severe at first, since some injuries are not immediately apparent
- Keeping a file of accident related documents, medical records, and notes on how the injury affects daily life and recovery
- Speaking with an attorney early, since there may be evidence or deadlines that are easier to manage with legal guidance from the start
Investigating and Building the Case
Once a claim moves forward, building the case generally involves gathering the police report, witness statements, photographs, and medical documentation tied to the injuries sustained. In more serious or disputed crashes, this may also involve accident reconstruction or a closer look at the vehicles and the scene itself.
Insurance companies often raise the issue of helmet use during this process. New Hampshire law only requires riders under 18 to wear a helmet, meaning an adult rider who was not wearing one is not automatically barred from pursuing a claim. That said, helmet use can still come up during negotiations, and how it is addressed often depends on the specific facts of the crash and the injuries involved.
Common Types of Compensation in a Motorcycle Accident Case
The kind of injury suffered in a motorcycle accident often determines what kinds of compensation may be available. In general, riders pursuing a claim may seek several categories of damages:
- Lost wages for time missed from work during recovery
- Past and future medical expenses, including surgery, physical therapy, and ongoing treatment
- Compensation for pain and suffering
- Compensation for emotional distress connected to the accident
- Loss of consortium for family members affected by a loved one’s injuries
- Property damage to the motorcycle or other personal property
- In fatal cases, damages connected to a wrongful death claim
How a Motorcycle Accident Case Resolves
Most motorcycle accident cases are resolved through settlement rather than trial. A settlement typically involves a lump sum payment, or in some cases a structured payment over time, in exchange for the injured party signing a release that ends any further claims against the at-fault party. Once that happens, the case is dismissed and the settlement is paid out.
When a fair settlement cannot be reached through negotiation, the case may proceed to trial. At trial, both sides present evidence and witnesses, and a judge or jury reaches a verdict. If the verdict favors the injured rider, damages are awarded, though that amount is reduced if the rider is found to share some percentage of fault for the accident.
How Long Do You Have to File a Claim in New Hampshire
Personal injury claims in New Hampshire, including those arising from motorcycle accidents, are generally subject to a three year statute of limitations from the date of the accident. In situations where an injury was not immediately apparent or discoverable, that three year period may instead begin once the injury and its connection to the accident are discovered. There are also limited circumstances, such as when the injured person is a minor, where this deadline can be extended. Because missing this window can permanently end the right to pursue a claim, it is generally worth addressing sooner rather than later.
Talk to a Nashua Motorcycle Accident AttorneyIf you or a loved one was injured in a motorcycle accident in Nashua, Gottesman & Hollis, P.A. can help you understand what to expect next. Our traffic accident attorneys have extensive experience handling motorcycle accident claims throughout New Hampshire. Reach out through our contact page or call (603) 889-5959 to schedule a free consultation. |
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.


