If you suffered injuries in a Nashua motorcycle accident, you could bring a viable injury claim against the person who caused your accident. To learn about your legal options, contact our Nashua motorcycle accident lawyers at Coates Law Office immediately.
Nashua Motorcycle Accident Guide
- Motorcycle Accident Statistics
- Common Causes of Motorcycle Accidents in Nashua
- Establishing Liability in a Nashua Motorcycle Accident
- Nashua Motorcycle Insurance Requirements
- Common Injuries in a Motorcycle Crash in Nashua
- Motorcycle Accident Compensation
- Statute of Limitations for Motorcycle Accident Claims in New Hampshire
- Exceptions to the Statute of Limitations
- Dealing With Insurance Companies After a Motorcycle Accident
- Frequently Asked Questions About Motorcycle Accidents
- Work With an Experienced Nashua Motorcycle Accident Lawyer
Motorcycle Accident Statistics
More people drive motorcycles in Nashua and across the United States than ever before. According to the Insurance Information Institute, people registered more than 8.6 million motorcycles nationwide in a recent year.
With so many bikes on the road, Nashua motorcycle accidents are a common occurrence. While these crashes are not any more likely than a car accident, the results are typically far more devastating.
Motorcycles offer little in the way of protection, often leading to motorcycle accidents and catastrophic injuries.
Common Causes of Motorcycle Accidents in Nashua
Any number of factors could combine to cause a motorcycle accident. In most cases, negligent driving by other motorists is a major cause. This can include anything from driving while intoxicated to speeding.
The risks related to a crash increase for motorcycle riders, as other motorists often
do not see them until it is too late. An act as simple as making a left turn can be hazardous when oncoming traffic fails to notice a rider in their path.
Other drivers are not the only factor involved in a crash, however. In some cases, poor highway design or improperly maintained roadways can contribute to an accident. Defective parts can also result in a motorcycle crash.
Establishing Liability in a Nashua Motorcycle Accident
In Nashua, motorists owe each other a duty to operate their vehicles safely. If another motorist fails to meet the duty of care they owe you, they could face liability for your injuries.
A driver breaches their duty of care when they cause an accident due to their careless, reckless, or intentional actions.
Nashua Motorcycle Insurance Requirements
Nashua is unique, in that it is one of the few states that does not mandate liability insurance coverage for their riders. However, that does not mean riders are off the hook for any accidents they cause.
Nashua law requires motorcyclists to take responsibility after a crash. Insurance is the most common option.
For riders using liability insurance to meet their financial responsibility requirements, the minimum coverage required is:
- $25,000 in bodily injuries per person
- $50,000 in bodily injuries, combined for the entire accident
- $25,000 in vehicle damage
There are some situations, like riders with DWI convictions, that result in mandatory insurance coverage. If a motorcycle accident injures you, a Nashua injury lawyer can guide you through the insurance claims process.
Common Injuries in a Motorcycle Crash in Nashua
While any vehicle crash can cause severe injuries, motorcycle accidents frequently cause catastrophic injuries. There are two major injury threats in a motorcycle accident: the sudden impact from another vehicle, and the injuries that occur when a rider falls from their bike.
The injuries resulting from a collision with another rider are obvious, as any significant impact can cause broken bones and internal injuries. Falling from a motorcycle has some unique risks, however.
Riders could be injured from the impact of the fall or suffer road rash from sliding across the pavement. If a rider lands in the path of another vehicle, another driver could run over the motorcyclist unintentionally.
Some of the most common injuries stemming from a motorcycle crash include:
- Brain injuries
- Road rash
- Neck injuries
- Paralysis
- Death
- Back injuries
- Internal bleeding
- Broken bones, cuts and bruises
- Eye injuries
- Burns
- Amputations
- Joint damage
Motorcycle Accident Compensation
The cost of treating injuries from a motorcycle accident can be high. Medical expenses related to emergency room bills or physical therapy can become overwhelming, especially when you are too injured to work.
You could seek compensation for these injuries from the at-fault driver through a civil suit.
Damages commonly sought include:
- Lost wages
- Medical expenses
- Diminished earning power
- Motorcycle repair bills
- Disfigurement
- Loss of consortium
- Pain and suffering
Statute of Limitations for Motorcycle Accident Claims in New Hampshire
The statute of limitations sets a strict deadline for filing a lawsuit, and failing to
meet this deadline can result in losing your right to seek compensation through the court system.
In New Hampshire, the general statute of limitations for personal injury claims, including those arising from motorcycle accidents, is three years from the date of the accident.
This means that you have three years from the day the accident occurred to file a lawsuit against the responsible party.
Exceptions to the Statute of Limitations
A few exceptions apply to the standard three-year statute of limitations:
- Minors: If the injured party is under 18 at the time of the accident, the statute of limitations doesn’t begin until they turn 18. This means they have until their 21st birthday to file a lawsuit.
- Mental Incompetence: If the injured party is deemed mentally incompetent at the time of the accident, the statute of limitations may be tolled (paused) until they regain competence.
- Defendant Leaves the State: If the defendant leaves New Hampshire after the accident but before you can file a lawsuit, the time they are absent may not count towards the three-year limit.
Property Damage Claims
It’s worth noting that if you’re only claiming property damage (such as damage to your motorcycle) and not personal injury, the statute of limitations is also three years in New Hampshire.
Why the Statute of Limitations Matters
The statute of limitations is a critical aspect of your case for several reasons:
- Evidence Preservation: Over time, evidence can deteriorate or disappear, and witnesses’ memories can fade. Filing promptly helps ensure that crucial evidence is still available.
- Case Strength: A prompt filing often leads to a stronger case, as it demonstrates the seriousness of your claim.
- Negotiation Leverage: The ability to file a lawsuit gives you leverage in settlement negotiations with insurance companies.
- Peace of Mind: Resolving your case within the statute of limitations allows you to move forward with your life without the lingering worry of legal action.
Remember, while three years may seem like a long time, building a strong case takes time. The sooner you begin the process, the better positioned you’ll be to seek the compensation you deserve.
Dealing With Insurance Companies After a Motorcycle Accident
Here’s what you need to know about handling interactions with insurance companies following a motorcycle accident in Nashua.
- Notify Your Insurance Company: Report the accident to your insurance company immediately.
- Gather Information: Collect all relevant information about the accident, including police reports, witness statements, and photographs of the scene and damages.
- Do to the Doctor: Even if you feel fine, get a medical evaluation. Some injuries may not be immediately apparent, and documentation of your medical condition is crucial for your claim.
While your own insurance company should support you, remain cautious:
- Understand Your Coverage: Review your policy to understand what it covers, including medical payments, uninsured/underinsured motorist coverage, and collision coverage.
- Be Honest But Careful: Provide accurate information about the accident, but avoid speculating or admitting fault.
- Keep Records: Document all communications with your insurance company, including dates, times, and the content of conversations.
- Review Settlement Offers Carefully: Don’t accept a quick settlement without fully understanding the extent of your damages and injuries.
Dealing with the Other Party’s Insurance Company
Interactions with the at-fault party’s insurance company require even more caution:
- Limit Communication: You’re not obligated to talk to the other party’s insurer. Let your attorney handle these communications.
- Don’t Sign Anything: Do not sign any documents or releases without legal advice. Doing so could limit your rights to compensation.
- Be Wary of Quick Settlement Offers: Initial offers are often low. Wait until you understand the full extent of your injuries and damages before considering any settlement.
- Avoid Recorded Statements: If you must give a statement, decline to have it recorded. Recorded statements can be used against you later.
The Role of a Motorcycle Accident Attorney
- Communication Buffer: Your attorney can handle all communications with insurance companies, protecting you from saying something that could harm your claim.
- Negotiation Experience: Experienced attorneys understand the true value of your claim and can negotiate effectively with insurance adjusters.
- Protecting Your Rights: An attorney ensures that insurance companies don’t exploit you or violate your rights under New Hampshire law.
- Maximizing Compensation: Lawyers can often secure higher settlements than individuals negotiating on their own.
Frequently Asked Questions About Motorcycle Accidents
1. Is New Hampshire a fault or no-fault state for motorcycle accidents?
New Hampshire is a fault state for all motor vehicle accidents, including motorcycle accidents. This means the person responsible for causing the accident must pay for the resulting damages.
2. Can I still recover damages if I was partially at fault for the accident?
Yes. New Hampshire follows a modified comparative negligence rule. You can recover damages as long as you’re less than 51% at fault for the accident. Your
compensation will decrease by your percentage of fault.
3. What if the accident was caused by a road defect?
If a road defect (like a pothole or poor design) caused your accident, you might have a claim against the government entity responsible for road maintenance. These cases have special filing requirements, so you need legal assistance.
4. How long does it typically take to resolve a motorcycle accident case?
The timeline varies greatly depending on the case, the severity of injuries, and whether the case settles or goes to trial. Some cases settle in a few months, while others may take a year or more to resolve.
Work With an Experienced Nashua Motorcycle Accident Lawyer
Bradford H. Coates, Nashua Motorcycle Accident Lawyer
If you sustained an injury in a Nashua motorcycle crash through no fault of your own, you deserve compensation for your losses. From medical bills to the cost of repairing your bike, the at-fault party should face liability for these damages.
Reach out to our personal injury attorneys in Nashua at (603) 262-5766 to find out your legal options.
Coates Law Office
92 Main Street,
Suite 107,
Nashua, NH 03060
Phone:(603) 262-5766