Can I File a Wrongful Death Lawsuit After a Fatal Motorcycle Accident in New Hampshire?

If your loved one died in a fatal New Hampshire motorcycle accident, you may have many questions. Perhaps you’re not quite sure what caused the accident, and you’re still waiting for answers from local police investigators. Maybe you feel certain that your loved one is not to blame for their own death. If someone else caused the crash, can you hold them accountable in court? Is a wrongful death lawsuit possible in this scenario? This is a question you might want to raise with an experienced wrongful death attorney.

Are You Related to the Victim?

Only certain people can file wrongful death claims on behalf of deceased motorcyclists. You must be closely related to the victim, and you might need to check the laws of intestate succession before approaching a lawyer. If you would stand to inherit assets under these laws, you may have the right to file a wrongful death lawsuit on behalf of the victim.

The people who usually file these claims are the spouses, adult children, and parents of the victims. Siblings may also file these claims under certain circumstances. If no close relatives are available to file wrongful death claims, more distant family members may step forward. These might be grandparents, aunts, uncles, and so on.

Was Someone Else to Blame for the Crash?

New Hampshire follows a “tort-based” system when it comes to auto accidents. This “at-fault” system requires you to prove someone else caused the fatal motorcycle crash. You can still sue if your loved one partially caused their own death, however. New Hampshire is a modified comparative negligence state, which means lawsuits are impossible if victims are 51% responsible for their own crashes. As long as the victim was no more than 50% at-fault, a wrongful death claim might still be possible.

Consider the Potential Pathway Toward Compensation

Even if your loved one was clearly killed by a negligent driver, compensation could be difficult to pursue. What if the negligent driver fled the scene, and police never found them? What if the driver who caused the crash does not have insurance? In these situations, it might not make much sense to sue the driver, but there may be options to pursue an uninsured motorist claim through your loved one’s own auto insurance. In this situation, speak with an attorney and consider alternative options for compensation.

Learn More by Contacting a Motorcycle Accident Lawyer in New Hampshire

Fatal motorcycle accidents are all too common in New Hampshire. Although not all of these incidents will lead to wrongful death lawsuits, some families may be able to consider legal action against negligent drivers. This type of legal action can provide compensation for medical expenses, missed earnings, and psychological damages. To learn more, contact New Hampshire motorcycle accident lawyers at Manning Zimmerman & Oliveira PLLC.

Source: 

wmur.com/article/sanbornton-deadly-motorcycle-crash-10-11-2025/69009243