In New Hampshire, only those who are under 18 years of age must wear a motorcycle helmet. This includes both operators and passengers.
Section 265:122 of New Hampshire Revised Statutes says that no-one under 18 years of age should ride a motorcycle or travel as a passenger on one unless they are wearing protective headgear. The headgear must have a chin strap or a neck strap and be approved by the Department of Safety’s Division of Motor Vehicles’ director.
The statute also goes on to say that you cannot legally operate a motorcycle when the passenger is under 18 years of age and is not wearing a helmet. This means that even if you’re operating the motorcycle and you are wearing a helmet if the passenger isn’t, you will receive a traffic citation.
If you are involved in a traffic accident and you were not wearing a motorcycle helmet at the time of the accident, any personal injury lawsuit that you bring about could be affected. This is the case even if you are over 18 years of age. This is particularly the case if you are hoping to get compensation for any head injuries you sustained in the accident.
If your case ends up going to trial and the New Hampshire jury decides that you were negligent because you were not wearing a helmet, you could receive a lot less compensation that you thought. This is because New Hampshire used a comparative negligence rule. What this means is that if you were 30% to blame for your accident in a $30,000 case, your compensation will be reduced by 30%. this means you will only receive $21,000.
If you are currently suffering from a personal injury and are unable to read ‘New Hampshire’s Motorcycle Helmet Law’ please watch our Injury Pedia video so you can gain the Personal Injury Information and Answers you are seeking.