How Riding Without a Helmet Affects Your Motorcycle Accident Claim in New Hampshire
In New Hampshire, adults over 18 are not legally required to wear a motorcycle helmet. However, if you suffer a head injury in a crash, insurance adjusters will try to use the state's comparative fault rules to reduce your financial compensation.
New Hampshire takes its "Live Free or Die" motto seriously, and this is clearly reflected in its motorcycle laws. As the only state in the country that does not require adults to wear a motorcycle helmet, riders have the freedom to feel the wind in their hair. However, this freedom comes with complex legal consequences if you are injured in a crash caused by a careless driver. When an unhelmeted rider is struck by a vehicle, the insurance company will aggressively argue that the rider's lack of a helmet is to blame for their injuries, attempting to slash the payout.
Protecting your right to compensation requires strategic legal action. We highly recommend browsing our nationwide directory to find an experienced New Hampshire motorcycle accident lawyer who can defend you against the insurance company's blame-shifting tactics.
New Hampshire Helmet Laws and Modified Comparative Negligence
Understanding exactly what the law says is the first step in defending your claim. Under N.H. Rev. Stat. Ann. § 265:122, only riders and passengers under the age of 18 are legally required to wear a DOT-approved motorcycle helmet. If you are 18 or older, riding without a helmet is 100% legal. However, civil injury claims operate under a different set of rules involving negligence.
The 51% Modified Comparative Fault Rule
If you file a lawsuit at the Hillsborough County Superior Court North, Manchester or the Rockingham County Superior Court, Brentwood, the judge or jury will apply the state's comparative fault statute. According to N.H. Rev. Stat. Ann. § 507:7-d, New Hampshire follows a "51% modified comparative negligence" rule. This means you can recover compensation as long as you are 50% or less at fault for your injuries. If the jury decides your failure to wear a helmet makes you 51% responsible for your traumatic brain injury, you recover absolutely nothing.
Fighting the 'Assumption of Risk' Defense
Insurance adjusters love to claim that by choosing not to wear a helmet, you assumed the risk of a head injury. A skilled attorney will fight this by pointing out that while you accepted the general risks of riding, you did not assume the risk of a distracted driver running a red light and hitting you. Precedents like DeBenedetto v. CLD Consulting Engineers, Inc., 153 N.H. 793 (NH Supreme Court 2006) illustrate how New Hampshire courts carefully weigh the proportionate fault of all parties involved in a civil dispute.
Traumatic Brain Injuries (TBI) vs. Non-Head Injuries
How your lack of a helmet affects your claim depends entirely on the specific injuries you sustained.
Recovering Full Compensation for Non-Head Injuries
If a car side-swipes you and you suffer a shattered femur, a broken collarbone, or severe road rash on your arms, the fact that you were not wearing a helmet is legally irrelevant. A helmet protects your skull, not your leg. Your attorney will file a motion in court to prevent the insurance company from even mentioning your lack of a helmet to the jury, arguing that it had zero medical connection to your spinal trauma or broken limbs.
Defending Traumatic Brain Injury (TBI) Claims
If you do suffer a TBI, a skull fracture, or a severe concussion, the case becomes a battle of medical experts. The insurance company will hire biomechanical engineers to testify that a helmet would have prevented your brain bleed. Your lawyer must hire their own medical experts to argue that the sheer force of the impact-such as being thrown 50 feet into a brick wall-would have caused catastrophic brain trauma regardless of whether you were wearing a helmet.
Filing the Claim: Timelines and Paperwork
After a crash, law enforcement will usually generate a report. You or your lawyer should secure a copy of the Form DSMV 400, New Hampshire, Division of Motor Vehicles, Motor Vehicle Accident Report. In New Hampshire, the statute of limitations for personal injury is three years from the date of the accident under N.H. Rev. Stat. Ann. § 508:4. Most motorcycle accident lawyers work on a contingency fee, meaning you pay $0 upfront, and they only take a percentage (usually 33% to 40%) if they successfully win a settlement or court verdict in your favor.
Frequently Asked Questions (FAQ)
Can the insurance company automatically deny my claim if I wasn't wearing a helmet?
No. Because it is legal for adults to ride without a helmet in New Hampshire, an insurance company cannot automatically deny your injury claim. They must prove that your lack of a helmet specifically worsened your injuries.
What if I was wearing a novelty helmet instead of a DOT-approved one?
For adults, the law does not dictate what type of helmet you wear. However, in a civil lawsuit involving a head injury, the defense will argue that wearing a novelty "skull cap" offers no real protection, trying to assign a higher percentage of fault to you.
How long does a motorcycle injury settlement take in NH?
If liability is clear and your injuries heal quickly, a settlement could be reached in 4 to 6 months. However, complex TBI cases involving comparative negligence arguments can easily take 1 to 2 years to litigate in a Superior Court.
Will a lack of eye protection hurt my claim?
Yes, potentially. Unlike helmets, New Hampshire law does mandate the use of protective glasses, goggles, or a face shield unless your motorcycle has a windshield. If a bug hit your eye and caused you to crash, your failure to wear eye protection will heavily damage your claim.
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