Motorcycle Accident Claims in New Hampshire
The New Hampshire helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Only riders under 18: no person under 18 may drive or ride on a motorcycle or autocycle unless wearing approved protective headgear with a neck or chin strap, and an operator who carries a passenger under 18 without a helmet commits a violation. RSA 265:122
| Motorcycle helmet law | Only riders under 18: no person under 18 may drive or ride on a motorcycle or autocycle unless wearing approved protective headgear with a neck or chin strap, and an operator who carries a passenger under 18 without a helmet commits a violation. Riders 18 and older are not required by this statute to wear a helmet. The statute does not address whether not wearing a helmet affects damages. Source: RSA 265:122 |
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| Lane splitting | Banned. No person may drive a motorcycle on a roadway between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane occupied by the vehicle being passed. Two motorcycles may ride abreast in one lane, but not more than two. Police officers on duty are exempt from the passing and between-lanes rules. Source: RSA 265:121 |
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it. Source: RSA 507:7-d |
| Minimum car insurance | When proof of financial responsibility is required, it must show ability to pay at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage; a motor vehicle liability policy must meet those limits and include at least $1,000 per person in medical payments coverage. Policy definition: https://gc.nh.gov/rsa/html/XXI/259/259-61.htm ; medical payments: https://gc.nh.gov/rsa/html/XXI/264/264-16.htm |
| Deadline to sue for an injury | Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them. Source: RSA 508:4, I |
More New Hampshire personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Hampshire
- Wrongful Death Lawsuits in New Hampshire
- Car Accident Claims in New Hampshire
- Dog Bite Liability in New Hampshire
- Slip, Trip and Fall Injuries in New Hampshire
- Sidewalk and Public Property Falls in New Hampshire
- Pedestrian Accident Claims in New Hampshire
- Bicycle Accident Claims in New Hampshire
- Uber and Lyft Accident Claims in New Hampshire
- Truck Accident Claims in New Hampshire
- Construction Site Injuries in New Hampshire
- All New Hampshire personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in New Hampshire?
Only riders under 18: no person under 18 may drive or ride on a motorcycle or autocycle unless wearing approved protective headgear with a neck or chin strap, and an operator who carries a passenger under 18 without a helmet commits a violation. Riders 18 and older are not required by this statute to wear a helmet. The statute does not address whether not wearing a helmet affects damages.
Is lane splitting legal in New Hampshire?
Banned. No person may drive a motorcycle on a roadway between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane occupied by the vehicle being passed. Two motorcycles may ride abreast in one lane, but not more than two. Police officers on duty are exempt from the passing and between-lanes rules.
Can you recover damages if you were partly at fault in New Hampshire?
Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it.
What is the minimum car insurance required in New Hampshire?
When proof of financial responsibility is required, it must show ability to pay at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage; a motor vehicle liability policy must meet those limits and include at least $1,000 per person in medical payments coverage.
What is the statute of limitations for personal injury in New Hampshire?
Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.