If you were riding your motorcycle in New Hampshire without a helmet and got into an accident, you might be wondering: “Can I still sue?” The short answer is yes, you can still pursue a personal injury claim—even if you weren’t wearing a helmet. But there’s more to it, and understanding how New Hampshire law works can help you know what to expect.
New Hampshire’s Helmet Law (or Lack of One)
Here’s something that surprises a lot of people: In New Hampshire, adult motorcyclists are not legally required to wear a helmet. If you’re 18 or older, it’s entirely your choice. So if you weren’t wearing a helmet at the time of your crash, you didn’t break any laws (assuming you’re of legal age).
But just because something is legal doesn’t mean it won’t cause complications in a personal injury case. That’s where comparative fault comes in—and helmet use can become a significant issue.
The Role of Comparative Fault
New Hampshire follows what’s called a modified comparative fault rule. In simple terms:
If you’re more than 50% at fault, you can’t recover any damages.
If you’re 50% or less at fault, your compensation is reduced by your percentage of fault.
So let’s say the other driver ran a red light and hit you, and you suffered a head injury. If the defense argues that wearing a helmet would have prevented or reduced the severity of your injury, they may try to claim that you were partially at fault.
This is where things get tricky—and different from how other types of safety equipment are treated.
How Helmets Differ from Seat Belts Under NH Law
New Hampshire also doesn’t require adults to wear seat belts, but there’s an important distinction:
State law specifically says that failing to wear a seatbelt cannot be used to reduce or deny damages in a personal injury case.
Unfortunately, no such protection exists when it comes to motorcycle helmets. There is no statute preventing helmet non-use from being used against a plaintiff, and New Hampshire courts have not definitively ruled on the issue.
Our view is that if you suffer a head injury in a motorcycle crash and were not wearing a helmet, the defense will likely argue that you were partially—or even primarily—responsible for your own injuries. And in the absence of clear case law barring that argument, a judge or jury might agree.
Why It Matters
Helmet non-use won’t automatically disqualify you from filing a claim—but it can:
Make your case more expensive and complex
Lead to lower settlement offers
Potentially reduce or eliminate your recovery if fault is heavily contested
For example:
If you broke your leg, helmet use isn’t relevant—the injury would have happened anyway.
If you suffered a traumatic brain injury, a helmet may well have made a difference, and the defense will use that argument aggressively.
Best Legal and Safety Practice: Always Wear a Helmet
Aside from the obvious safety reasons, the best way to protect both your body and your legal rights is to always wear a helmet, even if the law doesn’t require it.
Motorcycle injury claims are complex enough. You don’t want to give the insurance company any extra ammunition to reduce your compensation.
What You Can Do Now
If you’ve been injured in a motorcycle accident—helmet or no helmet—here are a few steps you should take:
Seek medical attention immediately and document your injuries.
Don’t talk to the insurance company until you’ve spoken with an attorney.
Preserve any evidence from the crash, including photos, witness names, and the police report.
Reach out to a personal injury lawyer who understands New Hampshire law and how comparative fault works.
Not wearing a helmet in New Hampshire does not automatically disqualify you from filing a lawsuit. But it could affect your compensation depending on your injuries. Every case is unique, and the best way to understand your rights is to speak with a qualified attorney.
We’ve helped many injured motorcyclists recover the compensation they deserve—and we’re here to help you too.