Motorcycles generally follow the same right-of-way rules as other vehicles in New Hampshire, but problems arise when drivers fail to see motorcycles, misjudge their speed, or assume the rider should yield when the rider actually has the right of way.
That can make fault harder to sort out after a crash. A New Hampshire motorcycle accident lawyer can gather the evidence to push back if the insurance company tries to blame the rider for another driver’s mistake.
Key Takeaways for Motorcycle Right-of-Way Laws in New Hampshire
- Motorcyclists in New Hampshire have the same rights and responsibilities as drivers of any other vehicle, including the right to the full use of a lane.
- A common cause of right-of-way violations is another driver turning left in front of an oncoming motorcycle at an intersection.
- Lane splitting is illegal in New Hampshire and can complicate a personal injury claim, while lane sharing with another motorcyclist is permitted.
- An insurer’s claim that a driver “looked but didn’t see” you is a common excuse, not a valid defense for failing to yield the right of way.
Understanding New Hampshire Right-of-Way Laws for Motorcycles
In New Hampshire, drivers must yield when another vehicle, including a motorcycle, is already in the intersection or close enough to create an immediate hazard. That means a driver can still be at fault for turning left in front of a motorcycle, pulling out from a side street, or changing lanes without making sure the path is clear.
These cases sometimes become disputed because drivers and insurers try to focus on the smaller size of a motorcycle or argue that the rider should have done more to avoid the crash.
But the legal issue usually comes down to the same question: Did the driver enter the rider’s path when it was unsafe to do so? When the answer is yes, that failure to yield can be strong evidence of negligence.
Common Motorcycle Right-of-Way Violations in New Hampshire
Some of the most serious motorcycle crashes happen when another driver fails to yield the right of way. In New Hampshire, collisions often happen at intersections, during lane changes, or when a driver enters a roadway without seeing or properly judging an approaching motorcycle.
Common right-of-way violation scenarios include:
- Left-Turn Collisions: These crashes occur when a driver turns left into the path of an oncoming motorcycle traveling straight through the intersection. In most cases, the turning driver is at fault for failing to yield.
- Unsafe Lane Changes: A driver who changes lanes without checking for a motorcycle can sideswipe the rider or force the motorcycle out of its lane. This is a common risk on multi-lane roads and highways.
- Unsafe Merging: Drivers entering a highway or roadway must yield to traffic already in the lane. A driver who merges into a motorcycle can cause a serious crash and may be liable for failing to yield.
- Stop Sign and Traffic Light Violations: A driver who runs a stop sign or red light can violate the right-of-way of a motorcycle that is lawfully entering or crossing the intersection.
Can a Driver Avoid Fault by Saying They Never Saw You?
A driver cannot avoid fault simply by claiming they never saw a motorcycle before turning, merging, or changing lanes. Drivers have a duty to watch for traffic, including motorcycles, and to yield when required.
If a driver says they didn’t see you, that often points to inattention or a failure to check properly rather than a valid excuse. Insurance companies may still try to use that statement to blur the facts or shift part of the blame onto the rider, which is why evidence matters.
A New Hampshire motorcycle accident lawyer can conduct an investigation to collect proof of the driver’s negligence. Crash reports, witness statements, video footage, and the physical damage to the vehicles can all help show that the driver failed to yield and caused the collision.
FAQ for Motorcycle Right-of-Way Laws in New Hampshire
Can an Injured Motorcycle Passenger Recover Compensation After a Right-of-Way Violation?
An injured motorcycle passenger can usually seek compensation when another driver fails to yield and causes a crash. Since the passenger is not controlling the motorcycle, they’re rarely blamed for causing the accident.
In most cases, the primary claim is against the driver who violated the right of way. If the motorcycle operator also contributed to the crash, the passenger may have a secondary claim, but fault typically centers on the driver who failed to yield.
Can I Be Blamed for an Accident if I Was Not Wearing a Helmet in New Hampshire?
New Hampshire doesn’t have a universal helmet law for adults, so simply not wearing one doesn’t automatically make you at fault for the cause of a collision. However, an insurance company might argue that your lack of a helmet contributed to the severity of your head injuries.
This argument doesn’t change who caused the crash, but it can complicate the process of recovering damages for those specific injuries.
Does Lane Splitting Affect My Motorcycle Right-of-Way Laws Claim in New Hampshire?
Lane splitting (riding between lanes of slowed or stopped traffic) is illegal in New Hampshire and can affect your claim. If you were lane splitting at the time of the crash, an insurance company will likely argue that your actions contributed to or directly caused the accident.
According to the state’s modified comparative fault rules, if you’re found to be more than 50% responsible, you cannot recover any compensation.
Let’s Talk About Your Rights
Bradford H.
Coates, New Hampshire Motorcycle Accident Attorney
If you were injured because another driver violated your right of way, you don’t have to face the legal process alone. At Coates Law Office, our team has the knowledge to protect your rights and help you seek the compensation you need to move forward.
We understand the biases motorcyclists face and know how to build a strong claim based on facts. Contact us today at (603) 262-5766 or fill out our online form for a free consultation.