In the event of an accident, motorcycle drivers are much less protected than the drivers and occupants of cars, trucks, SUVs, or any other enclosed vehicle. Because of this, when passenger vehicles and motorcycles collide, it is often the motorcyclist who has the greatest risk of suffering injuries or death. In fact, motorcyclists are 34 times more likely to die in a crash, according to PubMed.
If you or a loved one were struck and injured by another vehicle while riding a motorcycle, it could be due to someone else’s negligence. An Albuquerque motorcycle accident lawyer may be able to assist you with an insurance claim or lawsuit against the person responsible for your damages. Call Ben Crump Law, PLLC at (800) 924-3113 to speak with a member of our team about your case.
Motorcycle Accident Liability
If you were hurt in a motorcycle accident, your injuries may not be your fault. Liability for your accident may rest with:
- Another driver – When motorists are reckless, break traffic laws, or take their attention from the road, other people can get hurt. There are many driver behaviors that can lead to vehicle accidents, including failing to yield, failing to signal when turning or changing lanes, making an improper turn, driving too fast, following too closely, or talking and texting. If the driver who hit you was engaged in any of these or other dangerous actions, they may be legally responsible for your motorcycle crash.
- The owner of the roadway – According to the National Highway Traffic Safety Administration (NHTSA), about 40 percent of motorcycle accidents involve a single vehicle. Motorcyclists can be much more affected by road conditions than drivers of larger vehicles. A pothole, slippery surfaces, and objects in the road can cause a motorcyclist to lose control or throw them from their bike. Sometimes, poor road design or insufficient lighting could make motorcyclists less visible to other drivers. If an issue with the road caused your accident, the entity in charge of the roadway could owe you damages. This may be a city, state, or county government, or, in some cases, the owner of a private road.
- A motorcycle or vehicle manufacturer – Sometimes vehicles, their parts, or their safety features fail. When this happens, the manufacturer responsible for the defect may be held accountable. If you can prove an error in design, manufacturing, usage or warning labels caused your accident, you may have a product liability lawsuit.
For a free legal consultation with a motorcycle accidents lawyer serving Albuquerque, call (800) 924-3113
Riding a Motorcycle Can Be Dangerous
According to the Insurance Institute for Highway Safety (IIHS), motorcycle deaths have been on the rise since 1998. In 2018, there were nearly 5,000 motorcycle occupant fatalities, accounting for about 14 percent of all motor vehicle accident fatalities.
The IIHS found that a major cause of motorcycle crash deaths is head injury. According to Healthline, motor vehicle accidents are a common cause of:
- Skull fractures
- Brain bleeds
- Edema (swelling)
- Brain cell damage
Non-fatal head injuries can result in permanent impairment. This may include changes to your physical abilities, cognitive abilities, and personality. Despite the protection that helmets can offer, New Mexico does not require all riders to wear them. According to the state’s Motor Vehicle Department, helmets are only mandated by law for drivers and passengers under age 18.
The National Center for Biotechnology Information (NCBI) found that motorcyclists often experience injuries to the face and neck, spine, chest, abdomen, and upper and lower extremities, as well. Motorcycle crash victims may suffer from:
- Severe cuts, scrapes, and lacerations (“road rash”)
- Broken ribs
- Broken arms, legs, and digits
Albuquerque Motorcycle Accident Lawyer Near Me (800) 924-3113
Seeking Financial Assistance
If you have been seriously injured, you may have a long road to recovery ahead. You probably already have medical bills piling up, and you could have more treatments and services to pay for before you are fully healed. It might be a good idea to seek the help of an Albuquerque motorcycle accident lawyer to make sure the person responsible for your injuries pays their fair share of your costs.
Your attorney can help you begin your pursuit of compensation through an insurance claim. New Mexico is a fault insurance state, which means drivers must carry state-mandated liability coverage for bodily injury or property damage they cause to another driver. Your attorney will try to settle your case with the at-fault driver’s insurance provider. In cases where the insurer is unwilling to settle, your lawyer can help you seek awards in a car accident lawsuit.
In a lawsuit, your lawyer can help you fight for a judgment that covers your medical bills, future care needs, motorcycle damages, lost wages, and physical and emotional pain and suffering. If you are seeking awards on behalf of a deceased loved one, your attorney can help you with a lawsuit for wrongful death. You may also be eligible for survivor benefits, including compensation for the loss of your loved one’s future financial support.
Keep in mind that insurance claims are not bound by the statute of limitations, but if your case cannot be resolved this way, there are limits to the amount of time you have to seek damages in civil court. New Mexico Statutes § 37-1-8 gives a two-year window for personal injury lawsuits, and New Mexico Statutes § 41-2-2 gives three years from the time of death to file a wrongful death lawsuit.
Help for Your Motorcycle Accident Case Is Just a Phone Call Away
Ben Crump Law, PLLC has won more than $30 million for clients with personal injury claims. This includes several multi-million-dollar car accident lawsuits. An Albuquerque motorcycle accident lawyer can help you seek the maximum amount of compensation possible for your accident. We want to help you and your family win awards so that you can get back on your feet. To find out more about how we can help, call our offices at (800) 924-3113. Our team can get you started with a risk-free, no-cost consultation.