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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.
An Albuquerque motorcycle accident lawyer can provide invaluable assistance in the following various ways:
A motorcycle accident lawyer can guide you through the complex legal process, explaining your rights and the steps you need to take to protect those rights. They can provide clarity on relevant laws and regulations that apply to your case.
In many motorcycle accidents, determining liability can be challenging. Your lawyer will thoroughly investigate the accident to determine its cause and identify who can be held responsible. This may involve gathering evidence, obtaining witness statements, analyzing police reports, and consulting accident reconstruction experts.
A lawyer can help evaluate the full extent of your damages to ensure you do not settle for less than you deserve.
Dealing with insurance companies can be difficult, as they often try to minimize payouts. A motorcycle accident lawyer can handle all communication and negotiate on your behalf to ensure you receive fair compensation.
If your case goes to trial, having an attorney with trial experience can significantly increase your chances of a favorable outcome.
Knowing that your case is being handled by a professional with your best interests at heart can give you peace of mind while you focus on recovering.
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.
While proving negligence may seem complex, a motorcycle accident lawyer will help you gather the necessary documents to prove your case.
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%.
Our Albuquerque motorcycle accident attorney can help establish fault or dispute an incorrect evaluation of fault in an accident.
In New Mexico, the time limit for bringing a personal injury claim, including motorcycle accidents, is generally three years. This law is known as the statute of limitations, and it varies from state to state. It means that you have three years from the date of the motorcycle accident to file a claim seeking compensation for injuries and four years for property damage. If you fail to file a lawsuit within the statute of limitations, the court is likely to dismiss your case, and you may lose the opportunity to pursue compensation. In addition, the statute of limitations is far shorter if your claim is against a government entity. In these cases, you must begin by giving notice to the local government agency within 90 days of the date of injury.
Motorcycle accident victims may be entitled to various types of compensation to help them recover from their injuries and losses. For example:
This includes reimbursement for all medical costs related to the treatment of injuries sustained in the accident. It covers hospitalization, surgery, doctor’s visits, prescription medications, physical therapy, and any future treatment you need.
If your injuries cause you to miss work, you may be entitled to recover the wages you would have earned during that time period.
If your injuries result in a permanent disability or reduced ability to work, you may be compensated for the loss of future earning capacity.
This type of compensation is intended to address the physical and emotional pain and suffering resulting from the accident and injuries. It is not easily quantifiable and may vary based on the severity of the injuries and their impact on your life.
Compensation for repair or replacement of your motorcycle and any other personal property damaged in the accident.
In some cases, your spouse may be entitled to compensation for the loss of companionship, affection, and support resulting from your injuries.
In situations where the at-fault party’s actions were particularly reckless or malicious, a court may award punitive damages. These are meant to punish the wrongdoer and deter others from engaging in similar behavior.
In the unfortunate event that a motorcycle accident results in the death of the rider, surviving family members may be entitled to compensation for their losses, including funeral expenses, lost financial support, and emotional suffering. Our Albuquerque wrongful death attorney would be able to help the victim’s family recover damages from the at-fault party.
Motorcycle accidents can result from various factors, and they often have more severe consequences than car accidents due to the lack of protective barriers around the rider. Some common causes include:
Other motorists who are distracted by their phones, navigation systems, or other activities may fail to notice motorcycles on the road and cause collisions.
Motorcyclists have the same rights and privileges as other vehicles on the road. Accidents can occur when other drivers fail to yield the right of way to motorcycles at intersections or when merging.
When car or truck drivers change lanes without checking their blind spots or using signals, they may collide with a motorcycle already occupying that space.
“Dooring” accidents happen when a driver or passenger opens their car door without checking for oncoming motorcycles, causing a collision.
Operating a vehicle under the influence of alcohol or drugs significantly impairs judgment, reaction time, and coordination, greatly increasing the risk of accidents.
Roads with potholes, loose gravel, oil spills, or other hazards can be especially treacherous for motorcyclists.
Rain, snow, ice, and strong winds can affect all drivers, but motorcyclists are particularly vulnerable to adverse weather conditions that reduce traction and visibility.
Malfunctioning traffic lights or missing/obscured road signs can lead to confusion and accidents.
Highlights from the latest annual crash report put out by the New Mexico Department of Transportation for 2021 are as follows:
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:
For help with a motorcycle accident claim, contact us to schedule a free consultation.
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