Hurt in a crash with a commercial truck in New Hampshire? Truck claims can involve the driver, the carrier, and their insurers, and two state rules shape every claim: the filing deadline and how fault is shared.
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New Hampshire RSA § 508:4 gives you three years from the date of the truck accident to file suit — but the federal regulations governing commercial carriers do not wait three years to destroy evidence. Under 49 CFR § 395.22, carriers must retain ELD records for only six months. Driver qualification files, maintenance records, and pre-trip inspection logs have similarly short retention windows under 49 CFR §§ 391.51 and 396.3. Sending a litigation hold demand letter within days of the crash is the only reliable way to prevent lawful evidence destruction that benefits the carrier's defense.
New Hampshire RSA 507-B:7 requires that before suing a governmental entity — including the NH Department of Transportation for road defects, missing signage, or inadequate shoulders — you must file a written notice of claim within 60 days of the incident. Courts have found a "substantial prejudice" exception to this rule, but it is narrow and discretionary. If a state-maintained highway defect contributed to the truck crash, the 60-day notice clock runs concurrently with your other deadlines. Missing it can eliminate a significant defendant from the case.
While New Hampshire has no mandatory private auto insurance requirement under RSA 264, commercial motor vehicles operating in interstate commerce must comply with FMCSA minimum financial responsibility under 49 CFR Part 387. General freight carriers must carry at least $750,000 in liability coverage; hazardous materials carriers must carry up to $5,000,000. These federal minimums exist regardless of New Hampshire's state insurance law and ensure that seriously injured victims have a compensable source of recovery even when a carrier tries to hide behind state law.
New Hampshire uses a modified comparative fault system: under RSA § 507:7-d your negligence does not bar recovery if it was not greater than the combined fault of the defendants, and your damages are reduced by your share. In truck accident cases, defense teams often argue that the victim was speeding, following too closely, or failed to yield, trying to push the victim's share above 50%. An independent accident reconstruction, retained before the carrier sends its own expert, preserves the physical evidence needed to answer these arguments with data.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
RSA § 508:4 provides a three-year statute of limitations for personal injury claims. However, federal regulations allow carriers to destroy ELD and hours-of-service records after six months under 49 CFR § 395.22. If a government entity shares fault — for example, through a road defect or missing sign — RSA 507-B:7 requires a separate written notice of claim within 60 days of the accident. Missing the 60-day notice deadline forfeits your claim against that entity. Acting within days, not months, is critical to preserving all available sources of recovery. Source: NH Legislature, https://www.gencourt.state.nh.us/rsa/html/LV/507-B/507-B-7.htm
No. New Hampshire's RSA 264 financial responsibility law applies to private passenger vehicles, not commercial motor vehicles engaged in interstate commerce. Federal FMCSA regulations under 49 CFR Part 387 require interstate carriers to maintain minimum liability coverage: $750,000 for general freight, $1,000,000 for oil transport, and $5,000,000 for hazardous materials. These federal minimums preempt state law and cannot be waived. New Hampshire's no-mandatory-insurance rule simply does not apply to the trucks that dominate its highways and logistics corridors. Source: FMCSA, https://www.fmcsa.dot.gov/regulations/title49/section/387.9
Yes, under RSA § 507:7-d, New Hampshire applies a modified comparative fault rule. Your damages are reduced by your percentage of fault, and you are barred only if your negligence was greater than the combined fault of all defendants. In practice you can recover at 50% fault (half your damages) but not above 50%. Trucking defense attorneys know this line, so answering inflated fault claims with reconstruction evidence matters.
The most time-sensitive records are electronic logging device (ELD) data showing driver hours under 49 CFR § 395.22, which carriers may purge after six months, and dashcam or forward-facing camera footage, which may be overwritten within days. Also critical: the carrier's driver qualification file (§ 391.51), including license history and background checks; vehicle maintenance records (§ 396.3); pre- and post-trip inspection reports (§ 396.11); and the carrier's FMCSA safety rating at safer.fmcsa.dot.gov. A litigation hold letter delivered by an attorney freezes these records before the carrier's routine retention schedule destroys them. Source: FMCSA, https://www.fmcsa.dot.gov/regulations/title49/section/395.22
New Hampshire does not cap compensatory damages in truck accident cases. You may recover past and future medical expenses, lost wages, diminished earning capacity, rehabilitation costs, and property damage. Non-economic damages — including pain and suffering, emotional distress, disability, and loss of enjoyment of life — are also available without a statutory cap. New Hampshire allows punitive damages only in limited circumstances under RSA § 507:10; however, a court may consider a carrier's willful FMCSA violations as evidence of the recklessness necessary to support such an award. Source: NH Legislature, https://www.gencourt.state.nh.us/rsa/html/LI/507/507-10.htm
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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