In 2022, over two dozen motorcyclists have died in New Hampshire accidents, a 61% increase from 2021. The causes of a motorcycle accident may be similar to other vehicle accidents, but their effects can be particularly devastating. According to the Insurance Information Institute, 68.71 motorcycles per every 100,000 were involved in fatal accidents in 2020. By contrast, only 13.79 cars per every 100,000 were involved in fatal crashes. Indeed, motorcycle accidents carry an unfortunately high fatality rate.
As a recent news article reported, a tragic New Hampshire motorcycle accident left one man dead and his wife in critical condition a week before their wedding. The couple was riding a motorcycle when it was struck by a vehicle making a left turn. The male victim was pronounced dead at the scene. His wife was transported to the hospital with serious injuries. State police have not filed any charges in the crash, which presented no signs of excessive speeding or driving under the influence.
What Damages Are Available Following a New Hampshire Motorcycle Accident?
In New Hampshire, a motorcycle accident victim can sue for compensatory damages, which are intended to place the victim in the same position they were in before the accident. Compensatory damages can cover medical treatment for injuries resulting from the accident. If an accident leaves a victim with a permanent injury or medical condition, the victim can also seek damages to cover future medical expenses. Additionally, plaintiffs can seek to recover any damage to their vehicle resulting from the accident. They may also be able to recover lost earnings if the injuries impair their ability to work.
If a victim has died, his or her surviving relatives—or anyone else with a legal interest in the victim’s estate—can bring a wrongful death claim against the responsible party. If the victim’s surviving spouse brings a wrongful death claim, he or she can pursue damages for the loss of comfort and companionship of the deceased.
One barrier to receiving damages may exist if a jury finds that a certain amount of responsibility for the accident falls on the plaintiff. New Hampshire law uses a modified comparative negligence rule. This means that a plaintiff cannot recover damages if they are more than 50% at fault for the accident. Alternatively, if a plaintiff is equally at fault for the accident as the defendant, he or she can still receive compensation. This rule also applies to wrongful death suits: if a deceased victim is more than 50% at fault, a wrongful death claim will not succeed.
Have You Been Injured in a New Hampshire Motorcycle Accident?
If you or a loved one has suffered injuries or died in a New Hampshire motorcycle accident, contact the personal injury attorneys at Peter Thompson & Associates to discuss your case. The attorneys at our office understand the challenges that victims and their families may face when filing a damages suit. Through our compassionate and dedicated representation, we can help you talk through your options and develop a plan to pursue the compensation you need and deserve. To schedule a free initial consultation, call our office at 800-804-2004.