Motorcycle accidents in Albuquerque and throughout New Mexico pose significant risks to motorcyclists. Though required to wear safety gear in most jurisdictions, that gear alone is no match for the weight and speed of another vehicle.
Serious risks and fatalities result from motorcycle collisions, and the errors of other drivers cause many. Compensation is necessary to regain your life or receive justice for a loved one.
At Gauthier & Maier Law Firm, P.C., our Albuquerque motorcycle accident attorneys and Los Lunas will help you identify the causes of the accident and build a claim supported by the facts and the law. We will take the hassle out of dealing with insurance companies and help you get immediate medical treatment.
Chance Gauthier and Shane Maier grew up riding motorcycles and experienced the sad reality - the number one danger to a rider is other drivers.
We are proud to have helped many clients receive the justice they are owed and look forward to helping you and your family get the compensation you deserve.
Contact us now or to schedule a free consultation to learn more about your legal options.
Overview of Motorcycle Accident Claims in New Mexico
Motorcycles are great transportation vehicles. They are energy efficient, more economical to repair, easy to park, and fun to ride. However, they are also inherently dangerous.
Speed capabilities combined with no outer protection can mean that even a minor collision with another vehicle can cause serious injury. Plus, you have public opinion against you.
People assume––given pop culture and the images expressed therein-–that you, as a motorcyclist, may have been speeding, swerving through traffic, all without a care in the world.
Even though statistics show that the driver of a vehicle is more likely to be at fault, the initial suspicion falls on the motorcyclist. So, from the beginning, you have an uphill battle in your personal injury claim or wrongful death claim.
But if you did not cause the accident (or, depending on the jurisdiction, contributed in part), you should be able to recover compensation. However, filing a claim with an insurance company may not result in full and fair compensation.
They are for-profit entities that prioritize profits over everything else. What this means for a motorcycle victim is that they will try to settle for as little as possible, using aggressive adjusters and attorneys to that end. They will try to blame you.
With a motorcycle attorney in New Mexico, you can recover compensation that the law allows if you can prove the vehicle driver was at fault by showing:
- The vehicle driver owed you a duty of care.
- The duty was breached and that breach caused the accident.
- The accident resulted in property damage and/or bodily injury.
- The damages are monetary in nature.
At Gauthier & Maier Law Firm, P.C., we identify these elements and put forth solid evidence to support them.
What Makes Motorcycle Riding So Dangerous in Bernalillo and Valencia?
Riding a motorcycle carries risks that are not associated with driving automobiles or trucks.
Absence of barriers
Metal, airbags, or seatbelts do not protect bikers. They may wear helmets and protective clothing, but that's not enough.
Reduced stability
While most other vehicles have four wheels to stabilize them, motorcycles only have two. At high speeds, the wheels can be wobbly.
Reduced visibility
Motorcycles are smaller and less noticeable by other vehicles on the road. Visibility is greatly reduced at night.
Poor road conditions
What may be an insignificant bump in the road for an automobile can be significant to a motorcyclist. This is true for any other debris, objects, or weather conditions.
Common Causes of Motorcycle Accidents in New Mexico
Unique facts and circumstances make every motorcycle crash different.
Common causes, however, exist. Causes of motorcycle accidents primarily involve one or more of the following:
- Distracted driving
- Drunk or drugged driving
- Excessive speed
- Unsafe lane merges
- Improper lane changes
- Left-hand turns
- Sudden stops
- Unsafe following distances
- Poor road conditions
- Vehicle defects
Uncovering the cause of a motorcycle accident is critical to your recovery and your personal injury claim. There's a bias against motorcyclists. The assumption is that you, the motorcyclist, caused the accident: maybe you were reckless or weaving in and out of traffic.
You need a motorcycle accident lawyer who understands these cultural prejudices and can address them head-on. You also need an attorney with the skills, insight, and resources to put forward a strong personal injury case by identifying the cause and aligning it with your injuries.
Motorcycle Crashes in New Mexico Cause Serious Injuries
Bikers tend to suffer serious injuries when they are in an accident. Typical injuries may include:
- Lacerations
- Broken bones
- Amputated limbs
- Spinal injuries
- Traumatic brain injuries (TBI)
- Disfigurement
- Organ damage
- Internal bleeding
Bikers can still sustain serious injuries or even death when wearing a helmet or other protective gear.
WHAT TO DO AFTER A MOTORCYCLE ACCIDENT
Motorcycle accidents can be devastating, both physically and emotionally. In the aftermath of such an incident, it is vital to take the right steps to protect your rights and ensure fair compensation.
Immediate Actions After a Motorcycle Accident:
In the chaotic moments following a motorcycle accident, prioritize safety and seek medical attention.
Once the immediate concerns are addressed, consider the following steps:
- Contact Law Enforcement: Report the accident to the police, ensuring that an official record is created.
- Gather Information: Collect details of the accident, including contact information of involved parties, witnesses, and insurance information.
- Document the Scene: Take photographs of the accident scene, including vehicle damage and any relevant road signs.
- Seek Medical Attention: Even if injuries seem minor, seeking medical attention promptly is crucial. Some injuries may manifest later, and having a medical record can strengthen your case during the insurance claim process.
Insurance Claim Process for Motorcycle Accidents
Initiating the insurance claim process is a crucial step in securing compensation for damages.
- Contact Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with all necessary details and documentation.
- Obtain a Police Report: A police report can serve as crucial evidence during the claim process. Ensure you obtain a copy for your records.
- Document Damages: Keep a record of all damages, injuries, medical bills, and any other related expenses. This documentation will support your claim.
- Consult an Attorney: If the insurance process becomes complex or if your claim is denied, consulting a personal injury attorney with experience in motorcycle accidents can be beneficial. You can always call us at 505-226-3205.
Filing a Motorcycle Crash Claim in New Mexico
In New Mexico, the statute of limitations for filing a motorcycle crash claim is three years. It's imperative to adhere to this timeline to preserve your right to seek compensation.
Consult an attorney to ensure all paperwork is filed correctly and within the stipulated timeframe.
Types of Damages in New Mexico for Your Motorcycle Accident
Damages can be categorized into two types:
- Compensatory, which are economic and non-economic damages meant to reimburse you for all expenses and costs associated with the injury.
- Punitive, which are damages meant to punish the wrongdoer for their reckless or malicious actions or inaction.
Compensatory damages are the most common and are typically available in most personal injury and wrongful death claims.
The amount and extent of compensatory damages, especially non-economic damages, depend on the extent and nature of the injury and the impact that injury has on the victim's quality of life or the lives of the victim's family.
Punitive damages, on the other hand, are rare and often limited when available.
Economic Damages
Economic damages, also referred to as special damages, are relatively easy to quantify in dollars. They include bills and receipts that the victim accumulates after the accident.
Economic damages consist of (but are not limited to):
- Property repairs
- Property replacement or repair
- Medical bills
- Household expenses
- Transportation costs
- Lost wages
- Loss of earning capacity, especially after a severe accident that impairs the victim's ability to function normally
You should keep all receipts, invoices, pay stubs, and other proof of expenses. Expert testimony may be needed in some cases, like proving reduced earning capacity.
Non-Economic Damages
Non-economic damages, sometimes called general damages, are damages not easily stated in a dollar amount.
Collectively, they are referred to as pain and suffering because these damages consider the physical pain, emotional distress, and mental trauma that severe injuries create.
Non-economic damages can include:
- Physical pain
- Emotional suffering
- Mental anguish
- Loss of consortium – the change in relationship with your loved ones
- Loss of enjoyment of life – the inability to do things that make life enjoyable like walking, hiking, a hobby, being physical active etc.
Proving these types of losses include testimony from the victim, lay witnesses like friends and family, and expert witnesses like mental health practitioner(s).
Punitive Damages
Punitive damages do not compensate the victim but are awarded when the court wants to punish the defendant. Courts rarely award punitive damages, except in cases where the defendant was so egregious that this type of punishment is necessary to deter future similar behavior.
Punitive damages can be high relative to economic and non-economic damages but are often limited by state law.
OVERALL
Motorcycle accidents have some of the most severe injuries of any other type of auto accident because of the lack of protection afforded to a biker.
Your injuries may be life-altering or even result in death. That is why it is necessary to talk with an attorney on these cases to ensure you can find all avenues to compensation to help you recover.
Why File a Personal Injury Claim for a Motorcycle Accident in Bernalillo and Valencia
After a motorcycle accident, victims in Bernalillo and Valencia may receive an initial settlement offer from the insurance company. Unfortunately, these offers rarely reflect the actual value of their claim or the compensation needed to cover medical expenses, lost wages, and other damages caused by the crash.
Filing a personal injury claim empowers injured motorcyclists to seek full and fair compensation for their unique circumstances. From severe injuries like broken bones to long-term medical treatment and physical therapy, pursuing a legal claim ensures that accident victims can recover the resources they need for a successful recovery.
An Albuquerque motorcycle accident attorney plays a critical role in this process. With a proven track record of handling motorcycle accident cases, these professionals conduct thorough investigations, compile strong evidence from police reports and medical records, and fight for maximum compensation.
Whether you’ve suffered injuries due to a negligent driver or are dealing with property damage from a motorcycle wreck, a dedicated legal team can help you hold the at-fault party accountable.
Don’t leave your financial recovery in the hands of insurance adjusters.
Working with a trusted personal injury law firm gives you the legal representation needed to navigate the complexities of motorcycle accident lawsuits and pursue fair settlements for your injuries.
Schedule a free consultation today to explore your options for justice and compensation.
Contact a Motorcycle Accident Attorney in New Mexico Today
At Gauthier & Maier Law Firm, P.C., our Albuquerque personal injury lawyers have experience dealing with motorcycle accidents in Bernalillo and Valencia.
We know recovery is necessary for you to get back to your life. We use our resources to put forth a strong case and aggressively negotiate compensation that meets your needs.
Contact us today either by filling out our online form or calling us directly at 505-226-3205. We are ready to help you get the justice you deserve.