New Hampshire is famously one of only three U.S. states without a universal motorcycle helmet law for adults. However, while helmet use may not be required, attentiveness certainly should be—especially when it comes to spotting smaller road users like motorcyclists. Tragically, despite visible and legal safety gaps, driver inattention remains a top cause of devastating motorcycle crashes here in the granite state
The Scope of the Problem
Motorcycles are inherently less visible than passenger cars. According to the landmark Hurt Report, two‑thirds of collisions between motorcycles and vehicles happen because the driver failed to detect the rider and violated their right-of-way en.wikipedia.org. New Hampshire attorneys, accident reconstructionists, and rider training specialists consistently confirm the same: drivers pulling left across a lane without spotting an oncoming bike cause far too many crashes.
Statistics show New Hampshire leads the nation in motorcycle fatalities—24% of national fatal bike crashes happen here, compared to only 14% of all crash fatalities. And although MDOT doesn’t track national rates by state, local records show 41 fatalities in 2023, 31 in 2022, and 31 by early 2024—a surge attributed to inattentive driving and speeding.
Common Crash Scenarios
Most of these crashes share a predictable pattern:
- Left turns into motorcycles: many drivers simply don’t scan far enough to notice approaching bikes.
- Stopping or rear‑end collisions: inattentive drivers’ strike bikes at stoplights or behind them.
- Intersection violations: cars run red lights or stop signs, T‑bone a motorcyclist, and leave riders with catastrophic injuries.
What Happens After a Crash?
When a distracted driver collides with a motorcyclist, the physical and financial toll can be staggering:
- Severe personal injuries: Riders are often thrown bodily onto pavement, suffering traumatic brain injuries, broken bones, road rash, and more.
- Life-changing medical needs: Lengthy hospital stays, surgeries, rehab, and sometimes lifelong care become essential elements of injury lawsuits.
- Emotional and lifestyle impact: Victims frequently seek compensation not just for medical costs and vehicle damage, but also lost wages, diminished future earning ability, chronic pain, and loss of enjoyment in life.
- Property damage and legal fees: Replacing or repairing motorcycles and paying for legal representation all become part of the compensation picture.
New Hampshire’s Fault System & How Lawsuits Work
New Hampshire operates under a fault-based system, meaning the at-fault driver must compensate the victim—either through insurance or a lawsuit. However, it’s not simple: NH follows modified comparative negligence, in which a plaintiff can recover damages even if partially at fault—provided their fault is under 51%. Yet, compensation is reduced proportionally by their percentage of responsibility.
Notably:
- Riders must file within three years from the crash (with exceptions for minors.
- Missing this deadline generally bars any lawsuit.
A Final Word: Protecting Yourself and Changing Mindsets
Motorcycle accidents in New Hampshire, especially those caused by inattentive drivers, often result in grievous injuries and complex legal battles. With its fault-based and comparative negligence legal framework, NH enables injured riders to seek meaningful compensation—medical, financial, and emotional—from at-fault drivers. Yet successful lawsuits hinge on timely action, careful documentation, strong legal representation, and clear proof of driver negligence.
By pursuing a personal injury lawsuit after a bike‑involved crash, victims not only receive justice, they also spotlight the critical importance of mindful driving. Ultimately, every attentive motorist helps make New Hampshire’s roads safer—for riders and drivers alike. If you need help with a motorcycle accident, contact the experienced lawyers at PMM Law.
Rory Parnell is a graduate of Southern New Hampshire University and New England Law – Boston. Rory worked full-time, for the then Law Offices of Parnell & McKay, every year he was in law school, and has been working at Parnell & McKay and then Parnell, Michels & McKay since 2002. Rory has been a partner at the firm since 2017, and dedicates his practice primarily to civil litigation.
Rory has been admitted to the New Hampshire and Massachusetts Bar Associations since 2011, and is licensed to practice in the United States District Court of New Hampshire. Rory works primarily in the areas of Injury (including motor vehicle collisions, motorcycle collisions, slip and falls, dog bites, trip and falls, and other injuries), Workers Compensation, Real Estate Litigation, Landlord/Tenant, Disability, and General Litigation areas.
Awards and Recognition's:
2021 Forty Under 40 Honoree from the Union Leader
2020 Pro Bono Distinguished Service Award
2017 New Hampshire Bar Foundation -Robert Kirby Award
2014 Pro Bono Rising Star Award
L. Jonathan Ross Award Winner for 2024
Professional and Charitable Affiliations:
Member – New Hampshire Association for Justice
Member – Massachusetts Academy for Trial Attorneys
Member – Queen City Rotary Club
Vice Chair – 603 Legal Aid
President – The Bridge Project (501c3)
Member – Daniel Webster-Batchelder American Inns of Court
Member – NH Bar Lawyer Referral Service Committee