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Albuquerque Motorcycle Accident Lawyer

Motorcycle accidents are an unfortunate, yet common risk of riding a motorcycle. Knowing how to avoid these crashes and being aware of the potential dangers could save your life. From being more vigilant when stopping at intersections to avoiding being distracted, there are many steps that can help you stay safe on the road. Unfortunately, you can’t control others on the road, and accidents still occur. If you’ve been injured in a motorcycle accident, you may be entitled to compensation through an insurance claim or a personal injury lawsuit. Contact us today to schedule a free consultation with our Albuquerque motorcycle accident attorneys. 

Determining Liability in Albuquerque Motorcycle Accidents

For someone to be held liable in a motorcycle accident case, you must prove that they were negligent. Negligence refers to actions by one or more parties that do not adhere to an accepted standard of care. When someone fails to act responsibly or fails to take reasonable steps to prevent harm, they can be held liable for any resulting injury or damage.

To prove negligence, there must be four elements present. These include duty, breach of duty, causation, and damages. 

  • Duty refers to the responsibility that each driver has when using public roads; everyone has an obligation to follow the rules of the road and drive safely. 
  • Breach of duty means that one driver failed to adhere to their obligation by acting negligently (e.g., speeding or driving recklessly). 
  • Next, you must prove that the breach actually caused the accident. Without this element, it’s impossible for someone to be found liable for an accident. 
  • Finally, you must prove that you suffered damages, which refers to any physical or emotional injuries or property damage sustained in the accident.

        Examples of Negligence

        • A driver was speeding on a busy street when they hit a motorcyclist who was driving within the speed limit. Here, speed would be considered a breach of duty (driving too fast) which caused an injury (damages). 
        • A driver wasn’t paying attention while they were changing lanes and sideswiped a motorcyclist. In this scenario, not paying attention would be a breach of duty which resulted in physical injury (damages). 
        • A driver ran a stop sign and collided with a motorcyclist who had the right-of-way. Running the stop sign would constitute negligence and can result in an Albuquerque personal injury lawsuit.

        While proving negligence may seem complex, a motorcycle accident lawyer will help you gather the necessary documents to prove your case.

            Comparative Negligence in Albuquerque Motorcycle Accidents

            In cases where both parties are partially responsible for an accident, comparative negligence laws may come into play. Under New Mexico’s comparative negligence law, each party’s degree of fault is taken into consideration when determining liability, and damages are distributed accordingly. 

            For example, if you file a claim and are found to be 20% responsible, you can still recover damages, but they will be reduced by 20%.

            Why You Should Work With Davis Kelin Law Firm For Your Motorcycle Accident Claim

            Selecting a law firm is an important decision. When you choose Davis Kelin Law Firm, you are putting your trust in a team of experienced personal injury professionals who are dedicated to helping you get the results you deserve. Here’s what sets us apart from the rest:

            • We have more than 50 years of combined experience providing our clients with top-notch legal services and recovering millions of dollars in damages throughout the years.
            • We are highly selective when it comes to our cases. If we accept your case, it’s because we truly believe that our motorcycle accident lawyers can help you. 
            • We understand that legal proceedings can take time, so we strive to keep our clients constantly updated on the status of their cases throughout the process. When hiring us as your law firm, you can count on timely communication about what’s going on and honest answers about the next steps.

            For help with a motorcycle accident claim, contact us to schedule a free consultation.

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