How Is a Bicycle Accident Lawsuit Distinct From a Car Accident Lawsuit in New Hampshire?

If you were struck by a vehicle while riding your bicycle in New Hampshire, you might be wondering about the legal process ahead. How will your lawsuit differ from a lawsuit involving two passenger vehicles? Are there any additional steps you need to take? Will your lawsuit be easier or more difficult than a “standard” auto accident lawsuit? You can raise these questions during your first consultation with an injury attorney.

The Same Basic Rules Apply

While bicycle accidents may seem different compared to normal auto accidents, the same basic rules apply. If someone else caused your accident, you can sue them. This is thanks to New Hampshire’s “at-fault” car insurance laws. In order to file a claim against a driver, you must establish negligence. In other words, you must show that the crash was not your fault. This means that you can’t file an auto accident claim for simply crashing your bicycle into a tree with no one else on the road.

New Hampshire follows a system of comparative negligence. In other words, you can still file a claim even if you were partially to blame for your own bicycle accident. The only catch is that if you were more than 50 percent to blame for your bicycle injuries, you lose the right to pursue compensation.

What Role Does Insurance Play in a Bicycle Accident Lawsuit?

As with all civil claims, the chances of your bicycle accident lawsuit going to court are rather slim. You are much more likely to “settle” the claim outside of court through settlement negotiations. You’ll probably end up negotiating with an insurance company of some kind, although the specific role of insurance may vary depending on your circumstances.

Liability insurance is a complex subject, and it makes sense to discuss your situation with an experienced lawyer rather than relying solely on online research. That said, there are a few things to keep in mind in terms of insurance: First, your most viable strategy is to file a claim against the at-fault driver’s insurance policy. While New Hampshire does not make car insurance mandatory, most drivers carry some kind of coverage.

You may also file a claim against your own insurance coverage. Even if you were on your bike and not in your car, your auto insurance may still apply in this situation. However, this will only be necessary if the driver does not have insurance or has a minimal policy. You may also need to turn to your own insurer if the driver flees from the scene of the crash and cannot be identified.

Can a Bicycle Accident Lawyer in New Hampshire Help Me? 

A car accident lawyer in New Hampshire may be able to help answer any questions you have about the legal process ahead. While there are a few unique aspects of bicycle accident lawsuits compared to standard auto accident claims, the general process is the same. Continue this conversation with Manning Zimmerman & Oliveira PLLC today.

Source:

 mm.nh.gov/files/uploads/nhid/documents/nh-auto-guide.pdf