Albuquerque Motorcycle Accident Lawyer

Although riding a motorcycle is exhilarating, an Albuquerque motorcycle accident can cause severe injuries due to riders’ lack of protection. Nearly 5,000 motorcyclists were killed in crashes throughout 2018. If you or someone you know has been involved in a motorcycle accident, you should entrust an Albuquerque motorcycle accident lawyer who can help you file a personal injury case. A lawyer can be a trusted resource for you to lean on through the process.

Albuquerque Motorcycle Accident Attorney

If you or a loved one has been injured in a motorcycle crash caused by the negligence of someone else, contact the Branch Law Firm.

With more than 50 years of experience, you can trust our law firm to protect your rights and provide you with the legal representation you need. Our experienced personal injury trial attorneys are able to fight your case in court if insurance companies and their adjusters do not settle for fair compensation. Our attorneys are committed to helping injured victims secure maximum compensation and want to help families rebuild their lives after a serious motorcycle accident.

Why You Need a Motorcycle Accident Lawyer

Physical recovery from a serious motorcycle accident takes time and extensive medical support. Some injuries require long-term medical treatment and multiple surgeries. Damages for accident compensation provide injury victims with the medical care they need to heal.

Insurance companies often refuse to pay maximum compensation for motorcycle accident injury cases, and adjusters have an incentive to delay, mislead, and wear down injury victims so that they will accept a smaller settlement than they deserve. This reduced settlement may not cover the medical bills you or a loved one require.

Our Albuquerque motorcycle accident lawyers have years of experience negotiating with insurance adjusters, and we know when a settlement offer is unfairly low. While you take the time to recover from your injuries, our motorcycle accident lawyers will handle working with the insurance company. We ensure you have the evidence you need to hold the negligent driver responsible for your motorcycle collision injuries so that you will receive justice and be fully compensated for your motorcycle accident injury claim.

Common Causes and Injuries of Motorcycle Accidents in Albuquerque

There are many reasons that motorcycle accidents can occur. Some of the most common causes of Albuquerque motorcycle accidents are:

• Lane splitting (motorcycle sharing a lane with a vehicle, illegal in New Mexico)
• Speeding
• Dangerous road conditions
• Cars making left-hand turns are responsible for almost half of all motorcycle accidents.
• Riding while under the influence of alcohol or drugs (27% of riders involved in 2017’s fatal crashes were alcohol-impaired)
• Blind lane changes
• Inexperienced riders (29% of riders in 2017’s fatal crashes did not have valid motorcycle licenses)

These are just a few of the ways in which a severe motorcycle accident could occur, However, there are many other causes.

What To Do After an Accident

After an accident, there are several steps motorcyclists should take, including:

• Assess for medical emergencies. If you are able, assess yourself or others involved in the accident for any medical emergencies.
• Contact emergency services. Call 911 to initiate both law enforcement and medical responders to assess the scene.
• File a report. Once the police arrive, you should file a police report. This can act as a key piece of evidence later in your case.
• Exchange information. You should exchange contact information with all available witnesses on the scene and others involved in the accident. Not only will this provide you with the other driver’s information, but it also provide a resource to call witnesses should they need to testify or provide a statement.
• Document the scene. It can also be helpful to take photos and videos of the scene to serve as evidence. Be sure to include as much as possible.
• Seek a medical evaluation. Even if you are assessed at the scene for injuries, some may take time to appear or could be internal. Be sure you receive a full medical evaluation from your doctor or the emergency room.

After you have ensured your personal care and safety, contact an attorney who can help you take the next steps in moving forward with any legal action you may take. Avoid speaking with any insurance adjuster about the accident and never admit fault. Insurance agents are trained to get out of paying what they owe, and they will use what you say to them against you in court.

Determining Fault in a New Mexico Motorcycle Accident

The state of New Mexico follows a pure comparative negligence system when it comes to determining fault in a motorcycle crash. This means that every individual involved in a motorcycle collision is held responsible for their role in the crash. The driver or motorcyclist responsible for the crash is liable for the damages and medical expenses incurred by the other injured parties.

It’s important to note that fault may be shared between motorists, and you may legally collect compensation proportionate to your fault in causing the crash. For example, if you’re found to be 10% at fault for an Albuquerque motorcycle accident, you can collect 90% in damages from the other driver(s).

Determining fault considers these five elements:

• Drivers owe each other a legal duty. When you get behind the wheel of a car or start your motorcycle, you are legally obligated to protect other motorists and use reasonable caution to avoid accidents. This duty extends to pedestrians, bicyclists, and other motorists.
• The other driver breached their legal duty. If another driver breaches their duty, for example, by being on their phone while driving, there may be a presumption of fault.
• The breach directly caused the accident. Even the most careful and safe drivers or motorcyclists may make an unintentional mistake that leads to a collision. However, if our legal team can prove that a specific breach of duty caused an Albuquerque motorcycle crash, you may be entitled to damages.
• You or a loved one were injured due solely to the accident. Once it’s proven that the other motorist had a legal duty to you that they failed to uphold, it’s necessary to prove that injuries were suffered in the crash. This can be challenging, as an insurance company or opposing lawyer may attempt to prove that your injuries existed prior to the collision. We review your medical records and account of the accident and consult with medical experts to help you prove your case.
• The extent of injury/damages. Suffering serious injuries in the crash or your motorcycle damaged beyond repair deserves to be compensated. We strive to ensure you receive the maximum compensation for your accident.

What Types of Compensation Can I Recover after a Motorcycle Accident?

Compensation after a motorcycle accident is meant to restore the victim or make the person “whole” again after the crash. There are many types of economic damages and punitive damages that our legal team pursues to help with this, including:

• Medical expenses. current and future medical costs
• Lost wages. Current and future lost income while recovering.
• Disability. Victims deserve compensation to accommodate any disability (such as paralysis) that they suffer as a result of a motorcycle accident.
• Property damage. A crash will often destroy a motorcycle.
• Pain and suffering. Compensation for physical and mental pain, including emotional distress
• Loss of consortium. Compensation for a spouse’s loss of companionship and affection
• Wrongful death. Tragically, many motorcycle accident victims don’t survive. Surviving family members can pursue a claim for compensation when another driver is at fault.

The total compensation you may be entitled to is dependent on the circumstances of your case. Each case is unique and, therefore, has several factors that could change your compensation amount. Speaking with an attorney about your unique accident can help determine what you may be eligible to receive.

Personal Injury Statute of Limitations

A statute of limitations is a legal limit that outlines how long victims must file a legal claim after they’ve been involved in an accident. The statute of limitations for personal injury cases in New Mexico is three years, meaning victims have three years to file a claim. If they fail to do so, they could lose their legal right to seek compensation. This three-year period starts from the date of the accident.

Attempting to file a claim after the three-year statute has passed could forfeit your rights to compensation. The opposing party will forego a response to you because they know they can’t be held accountable under the law. If the case is made before a court, the judge will likely dismiss the case promptly. This is why it’s so important to get an attorney involved as soon as possible so you avoid this disastrous situation.

There are certain exceptions to the three-year statute, but they are rare. In cases where the defending party is a governmental entity, the statute is reduced to two years from the date of the accident. An exception may also apply for those under the age of 18 as they are granted an additional year following their 18th birthday to file a claim. An attorney can review your case and help determine if you qualify for any possible exceptions.

FAQs

How Much Are Most Motorcycle Accident Settlements in New Mexico?

Motorcycle accident settlements in Albuquerque, New Mexico can vary in amounts depending on the circumstances of the incident. One of the most influential factors is the severity of the injuries sustained. The more serious the injuries, the greater the settlement amount will likely be. Greater injuries also lead to more medical expenses, which would be covered by your settlement. To get a better idea of the worth of your case, you should speak with an experienced motorcycle accident lawyer.

How Much Do Motorcycle Accident Attorneys Cost in New Mexico?

The cost of a motorcycle accident attorney in New Mexico can vary depending on the complexity of the legal case. More complex cases that require substantial attorney hours will be more expensive than less complicated cases. When speaking with a potential personal injury attorney, it is essential to discuss what fees you might incur. They will evaluate your circumstances and provide you with an estimate.

What Should You Do After a Motorcycle Accident?

After a motorcycle accident, it’s important that you pull over to a safe area and call 911. Wait for the police to arrive and file a police report. At this time, you should also get the necessary medical attention you need. Even if you feel fine, you should get checked out by a medical professional. The final thing to do is speak with an experienced attorney. An attorney can review your case and help determine the correct legal steps to take.

How Long Does It Take to Heal From a Motorcycle Accident?

The amount of time it takes to heal from a motorcycle accident depends on the severity of the injury. Some injuries take longer to heal than others. Spinal cord injuries, for example, are some of the most disastrous injuries victims can suffer. It can take months and even years to fully recover from. Injuries can range from spinal cord injuries to minor cuts and bruises have a much faster recovery time. Getting medical attention is a critical step towards recovery.

When Should I Hire a Personal Injury Attorney?

You should hire a personal injury attorney as soon as possible regarding your case. When involved in an accident, the most important thing to do is seek immediate medical attention. Following that, an attorney should be engaged promptly. The quicker an attorney is involved, the sooner you can hold those responsible accountable. New Mexico puts a limitation on the amount of time you have to file a claim after the accident, so the sooner you act, the better.

Albuquerque Motorcycle Accident Lawyer

If you or someone you love has been harmed in a motorcycle accident, contact a personal injury attorney at Branch Law Firm. Our Albuquerque motorcycle accident attorneys will protect your rights and demand the maximum compensation that you deserve in your personal injury lawsuit.