New Mexico Motorcycle Accident Attorneys

We Represent Bikers Who Suffer Catastrophic Injuries At the Hand of Negligent Motorists

Research shows two-vehicle accidents involving motorcycles are more likely to be caused by the other driver. However, the motorcyclist is more likely to suffer serious injury or death. When laid up after an accident, you may find yourself wondering how to deal with mounting medical bills and other expenses while your paycheck is on hold.

Our New Mexico motorcycle accident lawyers can help you find the answer.

Anyone injured by a negligent driver has the right to file a claim for compensation and should absolutely do so. Insurers may be bound to pay for their clients’ accidents, but that does not mean they will readily offer a fair settlement.

You only have one chance to receive compensation, meaning it is important to get it right. Beyond that, filing a claim allows you to hold the other party accountable for the harm they have done. Our team is here when you are ready to fight for justice.

If you are considering whether a motorcycle accident claim is right for you, call McGinn Montoya Love Curry & Sievers PA at (505) 405-4441. We offer free consultations with our motorcycle accident lawyers and handle cases throughout New Mexico from our office in Albuquerque. Call now to get started.

Common Causes of Motorcycle Accidents

In New Mexico, some of the most common causes of motorcycle accidents include:

• Failing to yield right of way: One of the most common causes of motorcycle accidents is when negligent drivers fail to yield the right of way to motorcyclists. This can occur when drivers are making left-hand turns, pulling out of driveways or parking lots, or changing lanes without looking for oncoming motorcycles.
• Speeding: Another way that negligent drivers cause motorcycle accidents is by speeding. When a driver is traveling at high speeds, they may not be able to react in time if a motorcyclist suddenly appears in front of them. Additionally, the increased speed increases the force of impact if an accident does occur, which can lead to more severe injuries.
• Distracted driving: Distracted driving has become increasingly common in recent years due to the proliferation of cell phones and other electronic devices. When drivers are distracted by their phones or other devices, they may not be paying attention to their surroundings and may not see a motorcyclist until it is too late.
• Driving under the influence: Driving under the influence is another major cause of motorcycle accidents. When a driver is impaired by alcohol or drugs, they are less likely to be aware of their surroundings. Furthermore, their reaction time will also be slowed down if an accident does occur, leading to more serious injuries.
• Poor road conditions: Dangerous road conditions such as potholes or debris on the roadway can also contribute to motorcycle accidents, as these conditions make it difficult for riders to navigate safely on their bikes and increase their chances of losing control and crashing into other vehicles or objects on the road.

Common Injuries Caused by Motorcycle Accidents

The only protective gear bikers have is what they can wear on their body, and in high-speed impacts, even the best helmet will only do so much good. Nearly 100,000 Americans are injured in motorcycle accidents each year; many require extensive treatment and end up missing work.

You should consider working with a lawyer to file a claim if you have experienced a severe injury like:

• Brain injury
• Spinal cord injury
• Burns
• Bone crush injury
• Fractures
• Loss of limb

Catastrophic injuries caused by motorcycle accidents can overturn your life completely. From new medical needs to difficulties performing tasks that were previously automatic, the recovery process is physically and emotionally taxing.

For those who lost a loved one, there are no words to describe how grief can strain your ability to keep up with everyday necessities. Additionally, you may face more upheaval if the accident injured someone who was a provider in your household.

Your injury claim should consider all these factors. We understand how difficult it can be to think about your future when a tragic accident has changed its path completely. However, planning ahead is an essential part of settlement negotiation. You deserve compensation for every hardship you have already suffered as well as challenges the future may bring.

What Damages Can You Recover in a Motorcycle Accident Claim?

In a motorcycle accident claim, the damages that can be recovered typically fall into two main categories: economic damages and non-economic damages.

Economic Damages:

• Medical expenses: This includes costs for hospitalization, surgeries, medications, rehabilitation, and any other necessary medical treatments related to the accident.
• Lost wages: If the accident caused you to miss work and resulted in a loss of income, you may be entitled to compensation for the wages you would have earned.
• Property damage: This includes the cost of repairing or replacing your damaged motorcycle and any other property that was damaged in the accident.
• Future expenses: If the accident results in long-term or permanent injuries, you may be eligible to recover damages for future medical treatment, ongoing care, and loss of earning capacity.

Non-Economic Damages:

• Pain and suffering: Compensation for physical pain, emotional distress, and the overall impact the accident has had on your quality of life.
• Loss of enjoyment: Compensation for the loss of ability to participate in activities or hobbies you enjoyed prior to the accident.
• Loss of consortium: Damages awarded to a spouse or family member for the loss of companionship, support, or intimacy due to the accident.

The specific amount of damages you may be able to recover in a motorcycle accident lawsuit depends on the circumstances of the accident, the extent of your injuries, and other factors. Consulting with a New Mexico motorcycle accident attorney can help you understand the potential value of your claim and guide you through the legal process.

New Mexico Motorcycle Laws

To operate a motorcycle in New Mexico, you must have a valid motorcycle endorsement on your driver's license or hold a separate motorcycle license (Class M). To obtain a motorcycle endorsement, you must pass both a written knowledge test and an on-cycle skills test.

Like all motor vehicles in New Mexico, motorcycles must be insured with liability insurance coverage that meets the state's minimum requirements. This insurance provides financial protection in the event of an accident causing property damage or bodily injury to others.

Here are some key motorcycle traffic laws in the state:

• Lane Positioning: Motorcyclists are entitled to the full use of a lane and are allowed to ride side-by-side with other vehicles within the lane. They should generally ride in the center portion of the lane to maximize visibility to other motorists.
• Lane Splitting: Lane splitting, or riding between lanes of traffic moving in the same direction, is illegal in New Mexico. Motorcycles are required to follow the same rules as other vehicles and should not attempt to pass between cars in traffic.
• Passing: Motorcycles are allowed to pass other vehicles on the left in the same lane under certain conditions. They must ensure that they have enough space to complete the pass safely and must obey all traffic laws, including speed limits.
• Turn Signals: Motorcyclists are required to use hand signals or mechanical turn signals to indicate their intention to turn or change lanes. Hand signals should be given at least 100 feet before making the maneuver.
• Speed Limits: Motorcyclists must adhere to posted speed limits, just like other vehicles. Speeding on a motorcycle can be particularly dangerous due to the increased risk of injury in the event of an accident.
• Stopping Distance: Motorcycles require a shorter distance to stop than larger vehicles, so following distances should be adjusted accordingly. Motorcyclists should maintain a safe distance from the vehicle in front of them to allow for proper braking and reaction time.
• Right of Way: Motorcyclists must yield the right of way to pedestrians and other vehicles when required by traffic signs, signals, or roadway markings. They should also yield to emergency vehicles and other authorized vehicles when their sirens or lights are activated.

What If I Wasn't Wearing a Helmet?

In the state of New Mexico, motorcyclists who are 18 years of age or older are not required by law to wear a helmet; however, failure to wear a helmet can still have consequences in the event of an accident. If you were not wearing a helmet at the time of your motorcycle accident, it could have an impact your claim. Insurance companies may argue that the lack of a helmet contributed to the severity of your injuries and may try to diminish your settlement accordingly.

This is why it's critical to work with an experienced motorcycle accident attorney, like those at McGinn Montoya Love Curry & Sievers PA. We can fight back against insurance company tactics and present compelling evidence in your favor.

How Long Do I Have to File a Claim?

If you've been involved in a motorcycle collision in New Mexico, it's important to be aware of the time limitations you have to file a claim for compensation. In general, New Mexico law requires that any personal injury claim arising out of a motor vehicle accident, including those involving motorcycles, be filed within three years of the date of the accident.

Keep in mind, however, that it's always best to consult with a motorcycle accident lawyer in New Mexico regarding your specific situation, as there may be exceptions or other factors that could impact the amount of time you have to file a claim. Don't delay in seeking legal advice, as waiting too long could result in losing your right to recovery altogether.

Legal Challenges Injured Motorcyclists May Encounter

In New Mexico, motorcyclists face unique legal challenges when attempting to recover compensation from a motorcycle accident claim. Here are some key factors:

• Comparative Negligence: New Mexico follows the doctrine of comparative negligence, which means that even if you were partially at fault for the accident, you may still be able to recover damages. However, your compensation will be reduced by your percentage of fault. This can be challenging for motorcyclists because insurance companies may try to argue that the motorcyclist was partly responsible for the accident, even if they were not.
• Prejudice Against Motorcyclists: Unfortunately, there can be biases against motorcyclists, with some people assuming that they are inherently reckless or irresponsible. This bias can sometimes manifest in legal proceedings, with insurance adjusters, jurors, or even judges being less sympathetic towards motorcyclists. Overcoming this bias and proving the motorcyclist's innocence can be a challenge.
• Limited Insurance Coverage: In New Mexico, the minimum insurance requirements for motor vehicle liability insurance may not be sufficient to cover all the damages resulting from a serious motorcycle accident. This is particularly true if the accident involves significant injuries or multiple vehicles. If the at-fault driver is underinsured, recovering full compensation may require pursuing additional avenues, such as uninsured/underinsured motorist coverage or personal assets of the liable party.
• Complexity of Motorcycle Accidents: Motorcycle accidents can be more complex than car accidents due to the unique dynamics of motorcycles, such as their smaller size, increased vulnerability, and higher risk of serious injury. Proving liability and damages in motorcycle accident cases may require specialized expertise and investigation, which can add complexity to the legal process.

Given these challenges, it's essential for motorcyclists involved in accidents to seek legal representation from experienced attorneys who understand the unique issues involved in motorcycle accident claims in New Mexico. These attorneys can help protect their rights, navigate the legal process, and pursue fair compensation for their injuries and losses.

Why Work with a Motorcycle Accident Lawyer?

If you were in an accident caused by someone else, their insurance is obligated to pay for your damages. However, calculating damages is not something that can be done by pulling up your hospital bills and your phone’s calculator. They often extend much beyond the initial recovery period and encompass additional expenses that are adjacent to your care.

Doing your own work to determine how much your settlement should be matters because an insurer is unlikely to be forthcoming with the true extent of your needs. Especially when it comes to catastrophic injuries or wrongful death, insurance companies are more likely to follow the rule of the law than its spirit.

Thanks to our state’s pure comparative fault rule, if the insurance company can blame any part of the accident on you, they can legally reduce their settlement by an equal percentage. That means they are likely to send investigators to the scene of the accident and ask probing questions designed to confuse you into saying something they can use against you.

A lawyer can assist you in fighting these tactics and provide a professional team that is on your side.

At McGinn Montoya Love Curry & Sievers PA, we are skilled investigators and, with over 30 years of experience helping victims in Albuquerque and throughout New Mexico, know how to negotiate with insurers without giving up an inch.

Our team is not afraid to take a case to trial, and we make that clear to let insurers know how serious we are. Your future is important. Make sure the New Mexico motorcycle accident attorneys you partner with are serious about helping meet your needs.