Why You Need a Personal Injury Lawyer After a Motorcycle Accident in NM
The New Mexico Department of Transportation keeps vehicle accident data for the entire state, which shows that more than 300 motorcyclists were involved in deadly crashes in our state over the last year alone. Moreover, serious injuries or fatalities occur in all too many of these collisions.
The aftermath of a motorcycle accident is often devastating. Adding insult to injury, a motorcyclist who suffers injuries in an accident may also have to cope with financial losses due to property damage, medical expenses, loss of income, and more. However, it is possible to seek compensation for damages incurred due to a motorcycle accident if you have been hurt in an accident when another vehicle was at fault.
But how do you prove fault, and why do you need a New Mexico personal injury lawyer for your motorcycle crash claim? Read more to learn about why you should retain an attorney after a motorcycle crash, and in the meantime, reach out to a lawyer in your area. An experienced Albuquerque vehicle accident lawyer will handle every aspect of your claim so that you can focus on your recovery.
Common Causes of Motorcycle Collisions
Due to the absence of a protective frame, motorcyclists must be vigilant while riding and look out for any and all dangers. Motorcyclists should always wear protective gear in case of an accident, yet it is impossible to eliminate the risk of harm completely. Other drivers may still cause collisions, no matter how careful you are.
Your ability to claim damages is conditional on the cause of your accident. For instance, you may be able to sue the local government’s road maintenance or local infrastructure authority for financial compensation if you suffer injuries after losing control of your motorcycle due to a particularly large pothole.
The following are examples of typical factors that might put another person at fault in a motorcycle accident:
- Faulty or dangerous roadway conditions
- Malfunctioning motorcycle or vehicle components
- Negligent motorists, such as those who are speeding, distracted, or under the influence
- Improper maintenance and vehicle repairs
Proving Liability in New Mexico Motorcycle Accidents
Of course, to secure damages by filing a personal injury claim in New Mexico, you have to prove that another person caused your wreck via their negligent actions and prove they were liable for your injuries. In a motorcycle accident, there are four interrelated steps to prove negligence:
- The motorist causing the crash in question owed a duty of care. All motorists owe a reasonable duty of care in New Mexico, which means they are legally obligated to drive carefully and obey traffic laws to keep themselves and others on the roadways safe.
- The motorist “breached” their duty of care by causing a crash if they were engaging in negligent or careless behavior, such as texting while behind the wheel or running a red light and hitting a motorcyclist.
- Because the negligent motorist failed to exercise reasonable care, the victim sustained injuries. In other words, the motorist’s careless actions were the actual cause of the motorcyclist’s injuries.
- The victim or motorcyclist actually sustained injuries and other damages.
Throughout the United States, everyone is responsible for taking reasonable precautions to avoid putting others in danger. If this responsibility is disregarded or violated, the offending party may be held financially responsible for any harm or damages that result.
Comparative Fault in New Mexico Motorcycle Wrecks
Most states include exclusions for deaths and catastrophic injuries. If your injuries are so serious that they surpass your insurance coverage, you may sue the responsible party for the remaining amount. On the other hand, New Mexico follows a tort-based system, which is the same as a fault-based system.
In other words, under New Mexico’s pure comparative negligence law, the compensation available to an injured party is limited by an amount proportional to that party’s degree of fault. Furthermore, when more than one accident occurs, or one injury in a motorcycle crash leads to further damages or dramatically exacerbates the first injury, personal injury lawsuits can become extremely complicated.
Successive tort liability is the legal term when comparative negligence laws apply to more than one negligent party in a single claim. This occurs when the same third-party plaintiff suffers harm from two or more seemingly unrelated acts of negligence. For instance, after an injured motorcyclist is sent to the hospital, they could sustain secondary injuries or losses due to medical negligence.
Damages After a New Mexico Motorcycle Collision
After a motorcycle crash, victims almost always suffer serious injuries and extensive damages. The merit of your claim will determine whether you get complete reimbursement for all of them, but a skilled personal injury lawyer can help you collect the compensation you need and deserve by gathering evidence of your accident and building a strong claim. In addition to proving fault and reviewing the details of your claim, your lawyer will also communicate with any third parties, like insurance companies.
Your Albuquerque motorcycle accident attorney can seek compensation for a variety of losses, including but not limited to the following:
- Medical expenses and future healthcare costs
- Loss of income and earning potential
- Non-monetary damages, such as those for emotional trauma or pain and suffering
- Ongoing therapy expenses, including but not limited to physical or occupational therapy
- Chronic pain and disfigurement related to your injuries
Contact a New Mexico Motorcycle Accident Attorney
Oftentimes, injuries sustained in motorcycle accidents are serious, long-term, and painful, not to mention the substantial emotional and financial burden victims may bear during the aftermath. Unfortunately, it is not easy to file and win a claim for injuries. Hiring an attorney who specializes in motorcycle accidents makes the process of building and filing a personal injury case after a wreck much easier.
Fortunately, an Albuquerque motorcycle accident lawyer from Will Ferguson & Associates is here to take your call. Call our personal injury attorneys in New Mexico at (505) 243-5566 to find out whether you are eligible for compensation for your injuries. Contact us immediately for a free, no-obligation consultation when you’ve suffered injuries at the hands of a negligent party in New Mexico and want to learn more about your legal options in the aftermath.
