New Mexico has 27 scenic byways and trails known for sightseeing and exploring by motorcycle. Motorcycling is also a popular way to commute in downtown Albuquerque, yet, unfortunately, negligence can make motorcycling more dangerous than it needs to be. On average, in 2018, a motorcyclist was in an accident every 8 hours in New Mexico, with negligence and reckless drivers causing many of these collisions.
If you think someone else’s negligence caused your motorcycle accident, do not hesitate to contact Ring Jimenez, P.C. for a free consultation with our Albuquerque accident attorneys. The local and experienced Albuquerque motorcycle accident attorneys at our law firm may be able to help you recover compensation from the at-fault party.
Motorcycle Accident Resources:
- Why Hire Ring Jimenez, P.C?
- Main Causes Motorcycle Accidents in Albuquerque
- How Long Do I Have To File a Motorcycle Accident Claim?
- Compensation Available for a Motorcycle Accident in Albuquerque
- Free Consultation: Contact Our Albuquerque Motorcycle Accident Lawyers Today!
Why Hire Our An Albuquerque Motorcycle Accident Lawyer From Ring Jimenez?
- We understand the importance of direct communication with your attorney. We get to know our clients and give them constant updates about their cases.
- We have recovered millions of dollars for our clients in hundreds of successfully resolved cases. We know what each case needs to succeed.
- We recognize the severe and lasting damages that can come from a motorcycle, and our Albuquerque motorcycle accident attorneys will fight for the compensation you need to move forward.
- We are here to make things easier after a motorcycle accident in Albuquerque. That is why our law firm accepts all cases on a contingency fee basis – so you can have financial peace of mind.
What Causes Motorcycle Accidents in Albuquerque?
Motorcycle accidents can occur for several reasons. Identifying the cause of your accident is the most important step after a motorcycle accident; you will need to know who is responsible for your injuries before you can file a claim. The common causes of accidents include:
- Negligent or distracted driving
- Texting and driving
- Drowsy driving
- Drunk/drugged driving
- Reckless driving
- Weaving between lanes
- Red-light running
- Making unsafe lane changes
- Roadway defects
- Bad weather
What Is The Top Reason For Motorcycle Accidents In New Mexico?
According to data from the New Mexico Department of Transportation, the top cause of motorcycle accidents in 2018 was human error, much like car accidents in Albuquerque. The main culprits were excessive speed, driver inattention, and alcohol/drug impairment. Road defects, mechanical defects, bad weather, and crossing animals also cause motorcycle wrecks in the Chihuahuan Desert and throughout New Mexico. The attorneys at our law firm may be able to take the cause of your motorcycle wreck and turn it into a lawsuit on your behalf with the help of one of our Albuquerque injury lawyers.
At Ring Jimenez, P.C., we stand with Albuquerque’s motorcyclists. We are passionate about protecting the rights of motorcyclists and demanding justice for them after serious accidents. We start each case by listening to the client’s story and investigating the accident in more detail. In the case of a car collision, our Albuquerque car accident lawyers make it their goal is to identify the party or parties at fault for causing a devastating motorcycle accident based on the cause of the crash.
What Are Common Injuries From Albuquerque Motorcycle Accidents?
Whether you’re involved in a minor accident or something as serious as a truck accident in Albuquerque, it’s no surprise that many car accidents result in the injury of either one or both of the parties involved, and can be either minor or catastrophic injuries. Yet some of the most common injuries resulting from motorcycle accidents are usually:
- Broken bones
- Muscle damage
- Spinal cord injuries
- Brain injury
- Wrongful death
What Is New Mexico’s Statute of Limitations?
In some motorcycle accident cases, you may choose to pursue a personal injury lawsuit instead of or after filing an insurance claim. Personal injury claims may be appropriate in cases where your damages exceed policy limits, you suffer catastrophic injuries, or the insurance company acts in bad faith. However, you will need to file your claim before the statute of limitations passes.
In New Mexico, you have three years from the date of your motorcycle accident to file a personal injury lawsuit. If you fail to file your complaint by this date, the court will likely dismiss your claim and prevent you from claiming the compensation you need to recover.
What Are The Benefits Of Statutes Of Limitations?
While statutes of limitations may seem to limit you, they provide several benefits to the legal system. They prevent defendants from the threat of an unspecified lawsuit, and they ensure each side brings the freshest evidence and witness testimony to the courtroom. To ensure you meet your statute of limitations, contact an Albuquerque accident attorney at Ring Jimenez, P.C. as soon as possible following your accident.
Should You File a Claim After an Albuquerque Motorcycle Accident?
Since New Mexico is a fault-based accident state, you will generally need to prove that someone else’s negligent actions directly caused your accident. To establish this negligence, you and your lawyer will need to gather enough evidence to support four crucial elements.
- Duty of care: The at-fault party owed you a duty of care at the time of the accident. All drivers, for example, have the responsibility to drive safely and obey traffic laws.
- Breach of duty: The at-fault party breached his or her duty of care in some way. For example, drinking and driving is a breach of duty.
- Direct causation: The at-fault driver’s breach of duty directly caused your accident.
- Damages: You suffered economic and non-economic losses in the crash that you can claim in your lawsuit.
What If I Had A Defective Motorcycle Part?
If you are filing a claim over a defective motorcycle part, the burden of proof is slightly different. You will need to establish the following facts to secure compensation.
- You suffered an injury or loss.
- The motorcycle part was defective.
- The defect caused your accident.
- You were using the part as intended at the time of the accident.
What Compensation Is Available for a Motorcycle Accident in Albuquerque?
A personal injury claim against the person or entity that caused your motorcycle accident in Albuquerque could lead to compensation you can use to move forward. If we find evidence that a negligent driver, careless road maintenance crew, or part manufacturer caused your motorcycle accident, we will go up against that party in pursuit of maximum compensation for your losses such as:
- Motorcycle repairs
- Totaled vehicle replacement
- Travel costs
- Past and future medical bills
- Lost wages
- Disability-related losses
- Emotional distress
- Pain and suffering
- Permanent scarring or disfigurement
- Punitive damages
The value of your motorcycle accident claim will directly correlate with the extent of your losses and damages. If you have a catastrophic injury, your case will generally be worth more than with minor injuries. Our attorneys in Albuquerque can review your case during a free consultation to help you estimate the value of your losses.
Motorcycle Passenger Rights
Not every person involved in a motorcycle accident is actually a motorcycle driver. It is not uncommon for motorcycle passengers to sustain injuries as well. However, do you know your rights as a motorcycle passenger in New Mexico?
As a passenger, you may not be able to avoid getting in an accident, but you can be prepared just in case an accident does occur while you are on the bike. There are various steps that you can take to keep yourself safe and steps to take in the aftermath of an accident.
- Wear a helmet. In New Mexico, motorcyclists over the age of 18 are not required to wear helmets. However, we strongly encourage you to do so every time you get on a motorcycle. Helmets save lives and prevent severe brain injuries from occurring. Any individual, whether a motorcycle driver or passenger, under the age of 18 is required to wear a helmet.
- Have a card with your information. We encourage you to carry a card with various information, including your emergency contact and their phone number. This is often called the “just in case” card that we hope you never have to use, but it is good to have if you are in a crash and become unresponsive.
- Bring a phone or camera. We encourage you to bring a phone or another type of camera so that you can take pictures or videos in the aftermath of any type of incident that may occur.
As a motorcycle passenger, you will have rights if you are involved in a vehicle accident while riding on the back of the motorcycle. It is very uncommon for a motorcycle passenger to be the one to blame for a crash. Typically, the fault falls to either the motorcycle operator or another driver involved in the vehicle accident. Even though this seems like it could complicate a claim, the reality is that motorcycle passengers may have a few routes towards recovering compensation, regardless of who was responsible for the incident.
- Motorcycle insurance. All motorcyclists in New Mexico are required to purchase and maintain a minimum amount of insurance, and passengers may be able to recover compensation from the motorcyclist’s insurance carrier.
- Automobile insurance. Every driver in this state is also required to purchase and maintain a minimum amount of insurance, and this means that passengers can recover compensation from the other driver’s insurance carrier if they (the other driver) caused the crash.
If you are a passenger injured in a motorcycle accident and you do not have auto insurance yourself, do not worry. You will still be able to recover compensation for your losses. Many individuals think that they will have to file a lawsuit against a friend or family member, particularly if they were a passenger on a motorcycle. That often means that crash victims do not contact an attorney or pursue the claim. However, it is important to know that you will not be filing a lawsuit against the owner of the motorcycle or the other vehicle involved. You will be filing a claim with the insurance carrier, and the carrier will provide coverage for your medical bills, lost wages, and other expenses.
Contact an Albuquerque Motorcycle Accident Lawyer Near You Today
If you or a loved one has injuries from a motorcycle accident in the greater Albuquerque area, do not hesitate to contact us. Ring Jimenez, P.C.’s Albuquerque personal injury attorneys truly care about what happens to injured motorcyclists in New Mexico. We want what is best for you and your family in the difficult aftermath of a motorcycle accident. Discuss your case with an Albuquerque motorcycle accident lawyer in detail today by calling (505) 295-6008.
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