Why Are Bicycle Accidents So Dangerous?
In most cases, if you are injured by someone else's negligence while you're bicycling in New Mexico, you may be compensated for your medical bills, lost wages, and more by filing a personal injury claim with help from an Albuquerque bicycle accident lawyer.
Bicycles lack the safety features that cars and trucks have – an enclosed space, airbags, and seat belts – so even when they're riding safely and cautiously, bicyclists can sustain severe injuries in collisions with cars, buses, motorcycles, and trucks.
In accidents, bicyclists may suffer severe spinal cord injuries, traumatic brain injuries, multiple fractures, broken bones, and other serious injuries. Anyone who suffers a disabling or catastrophic injury while bicycling may require lifelong medical treatment and care.
What Are Your Rights if You Are Injured While Bicycling?
New Mexico is an at-fault state for auto insurance, so whoever causes an accident is legally responsible to pay for the damages. In most cases, a bicyclist who is injured by a negligent driver may recover compensation by filing a claim with that driver's auto insurance company.
However, before a driver's auto insurance company will compensate you for your medical costs, you'll have to prove the driver was negligent, and you'll need the services and advice of an Albuquerque bicycle accident attorney.
But what if the driver who injures you does not have any car insurance? You may still be eligible to recover compensation, but you must contact an Albuquerque personal injury attorney as quickly as possible.
How Much Car Insurance is Required by New Mexico Law?
The law in New Mexico requires every driver to carry car insurance, but as of 2022, according to the Insurance Information Institute, 24.9 percent of the drivers in this state – virtually one in every four – did not have the minimum insurance coverage required by law, which is:
$25,000 for one person's bodily injury or death
$50,000 for more than one person's bodily injury or death
$10,000 for damage or destruction of property in any single accident
Driving Without Insurance is a Crime
In New Mexico, driving without the minimum auto insurance or another type of financial responsibility (a bond, for instance) is a criminal misdemeanor that may be penalized upon conviction (for a first offense) with:
a suspension of your vehicle's registration
up to ninety days in jail, and/or
a fine up to $300
Additionally, if you don't turn in your license plates and registration to the New Mexico Motor Vehicle Division immediately upon the suspension of your vehicle's registration, the fine may increase to $1,000.
If a Bicycle Accident Happens, Take These Steps
If you're injured by a negligent driver while you're bicycling, there won't be an Albuquerque bicycle accident lawyer on the scene to advise you, so you must act to protect yourself. The first priority is calling for police and medical assistance.
The next step is exchanging contact and insurance details. Get as much information as you can, and then call the other driver's insurance company to verify what you've been told. Take photos of the accident and accident scene. If there are witnesses, ask for their names and contact details.
Then, immediately after you've been examined and treated for your injuries, call the offices of an Albuquerque bicycle accident attorney. If you've been injured by an uninsured driver, that attorney will help you obtain any compensation that may be available to you.
What Are the Options for Bicyclists Injured by Uninsured Drivers?
Even if the driver who injures you has no automobile insurance, most bicyclists in New Mexico have some type of insurance coverage for a bicycle accident. If you have it, your own uninsured/underinsured motorist coverage is usually your first option.
Uninsured/underinsured motorist coverage isn't mandatory in New Mexico, but when you buy auto insurance, if you refuse uninsured/underinsured motorist coverage, you must reject it in writing.
With the number of uninsured drivers in New Mexico, uninsured/underinsured motorist coverage is a smart idea. But what if you don't own a car or a car insurance policy, and your bicycle is your only transportation? Other potential sources of compensation for injured bicyclists include:
Health insurance: After a bicycle accident, you can probably use your health insurance policy to pay for at least some of your medical expenses.
Special bicycle insurance: Especially if you ride frequently or own a high-value bicycle, consider a specialized bicycle policy that covers theft, damage, liability, and uninsured motorists.
MedPay coverage: MedPay coverage is optional in New Mexico and may be added to your car insurance policy. It applies to medical expenses for injuries suffered in automobile collisions, regardless of fault.
Umbrella coverage: If you have umbrella liability coverage, your umbrella policy can “kick in” if your damages pass the liability limits of any other policies that cover you.
How Will an Attorney Help?
Scheduling a legal consultation after you've been injured in a bicycle accident won't cost you anything. Your questions will be answered and your concerns will be addressed about your right to recover compensation.
If liability for your bicycle accident is disputed, or if an insurance company that is obligated to cover you rejects your injury claim or fails to offer you a reasonable payout, you'll need to take legal action with the help of Gauthier & Maier Law Firm.
Why Should You Choose Gauthier & Maier Law Firm?
If a negligent, uninsured, or hit-and-run driver injures you in the Albuquerque area or anywhere in New Mexico, a personal injury lawyer at Gauthier & Maier Law Firm will help you find – and help you recover – every dollar of compensation you are entitled to under New Mexico law.
Attorneys Chance Gauthier and Shane Maier are both former insurance defense lawyers who bring their insights and experience to every case and every client with the goal of recovering the maximum amount of available compensation on your behalf.
Your first legal consultation at Gauthier & Maier Law Firm is provided without cost or obligation. After a bicycle accident, and after you've been treated by a medical provider, schedule that consultation immediately by calling Gauthier & Maier Law Firm at 505-226-3205 .