Albuquerque Motorcycle Accident Lawyers
Filing a Motorcycle Accident Claim in New Mexico
Everyone who operates a motor vehicle must follow traffic laws and behave courteously towards others on the road to prevent accidents. Sadly, a wreck that causes minor damage to a passenger vehicle can be devastating to a person riding a motorcycle. Along with loss of life, a motorcycle accident can lead to serious injuries, decreased mobility, and other long-term physical effects that significantly lower your quality of life.
If you or someone you love was involved in a motorcycle accident in Albuquerque or the surrounding areas, turn to the team at Martinez, Hart, Sanchez & Romero. With more than 100 years of combined experience, our attorneys have what it takes to effectively advocate for you and your recovery. We understand the unique challenges you are facing, and we know how to help.
Request a free consultation with one of our motorcycle accident attorneys in Albuquerque today; call (505) 806-1780 or contact us online to get started.
New Mexico Motorcycle Laws
Motorcyclists in New Mexico must follow specific laws designed to promote road safety. Some of the key requirements include:
- Helmet Laws: Riders under 18 are legally required to wear a helmet. Although adults are not required to, helmets significantly reduce the risk of brain injuries and fatalities.
- Licensing: Riders must obtain a motorcycle endorsement (Class M) on their driver’s license.
- Protective Gear: Eye protection is mandatory unless the motorcycle has a windscreen.
- Lane Splitting: Lane splitting (riding between lanes of traffic) is not permitted under New Mexico law.
- Insurance Requirements: Motorcyclists must carry liability insurance just like other motorists.
Violating these laws can not only put you at risk but may also affect your ability to recover compensation after a crash. Our attorneys understand how these laws intersect with injury claims and can guide you through the process.
Common Motorcycle Accident Injuries
Compared to the occupants of standard passenger vehicles, motorcyclists are relatively unprotected when it comes to collisions. Even when they wear helmets and other protective gear, bikers and their passengers are at risk of suffering catastrophic injuries when they become involved in accidents with other vehicles and objects along the roadway.
Some of the most common types of motorcycle accident injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Severe road rash and lacerations
- Internal organ damage
- Amputations
These injuries often require extensive medical care, rehabilitation, and time away from work. By filing a personal injury or wrongful death claim against the liable party, you can seek the justice you and your family deserve. Our attorneys work closely with medical experts to document the full extent of your injuries and ensure you pursue the maximum compensation available.
Common Causes of Motorcycle Accidents in Albuquerque
Most motorcycle accidents occur due to another driver's failure to see and keep a proper lookout for motorcyclists on the road. Motorcycles are easy to miss when a person is distracted or not making sure the lanes are clear.
There are many other causes of motorcycle accidents, including:
- Failure to Check Blind Spots: Not checking blind spots before changing lanes can lead to collisions with motorcyclists.
- Not Signaling: Failing to signal properly can cause unexpected maneuvers that endanger motorcyclists.
- Driving at Unsafe Speeds: Excessive speed reduces reaction time and control, contributing to accidents.
- Aggressive Driving & Road Rage: Aggressive behavior or road rage can escalate situations, putting motorcyclists at risk.
- Tailgating: Following too closely can prevent proper reaction to sudden stops, especially dangerous for motorcyclists.
- Driver Inexperience: Inexperienced drivers may not have the skills or awareness needed to safely navigate around motorcyclists.
- Poor Road Conditions: Factors like potholes or loose gravel have a more profound impact on motorcycles than on cars.
- Driving Under the Influence: Alcohol or drugs impair judgment and reaction time, increasing crash risks.
What Should You Do If You're Injured While Riding Your Motorcycle?
There are several things you should do to protect yourself and your future injury claim if you are involved in a motorcycle accident.
If possible, try to take the following steps:
- Seek Immediate Medical Attention: Even if not hospitalized immediately, see a doctor for a detailed health assessment to document injuries.
- Report the Accident: Call the police to ensure an official accident report is filed. Obtain a copy for your records if possible.
- Preserve Evidence: Take photos of the crash site, injuries, and any damages. Keep records of witness statements and save damaged clothing or gear as evidence.
- Gather Documentation: Collect medical records, bills, pay stubs, and any other forms relevant to your injury claim. This can help substantiate your situation.
- Consult with an Attorney: Avoid speaking with the at-fault party's insurance company until you have legal advice. Do not sign an agreement without a lawyer's input.
- Meet with a Motorcycle Accident Lawyer: Not all lawyers have the same experience levels; find one who understands all aspects of motorcycle cases to ensure full compensation.
In addition to the immediate steps following an accident, it is vital to engage in regular follow-ups with healthcare providers to monitor recovery progress. Documenting all symptoms, even minor ones, can be crucial for your claim. Understanding the role and experience of your attorney is also important for maximizing the claim's potential. Our Albuquerque motorcycle accident lawyers are ready to answer your questions and provide the information you need to move forward.
Reach out to our team at (505) 806-1780 today to learn more during a free and confidential consultation.
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"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
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"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Why Are Motorcycle Accidents So Devastating?
Motorcyclists face risks that car occupants do not. Without a protective barrier, riders absorb the full force of an impact. Even low-speed accidents can result in catastrophic injuries. The size and weight difference between motorcycles and cars also means motorcyclists are more likely to suffer severe harm, while the driver of the car may walk away uninjured.
Additionally, insurance companies often try to unfairly blame motorcyclists by relying on harmful stereotypes that paint riders as reckless. At Martinez, Hart, Sanchez & Romero, we fight against these tactics and work to protect your rights.
How Are Motorcycle Accident Cases Different from Car Accident Claims?
While motorcycle accidents share some similarities with car crashes, there are key differences:
- Severity of Injuries: Motorcycle accident victims often face higher medical costs and longer recovery times.
- Insurance Company Bias: Insurers may argue that motorcyclists “assumed the risk” of injury.
- Unique Evidence: Skid marks, helmet use, and road conditions are often critical in these cases.
- Higher Stakes: Because injuries are usually more severe, the financial impact is greater, making skilled legal representation essential.
Our firm has decades of experience handling complex motorcycle accident claims and understands the strategies necessary to win fair compensation.
Compensation from a Motorcycle Accident
If you were injured in a motorcycle accident caused by another’s negligence, you may be entitled to compensation for:
- Medical expenses (emergency care, hospital stays, rehabilitation, medications)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and PTSD
- Property damage (motorcycle repairs or replacement)
- Wrongful death damages if the accident was fatal
We know how overwhelming it can be to deal with financial strain on top of physical recovery. Our attorneys fight tirelessly to ensure you are not left with the burden of expenses caused by someone else’s carelessness.
FAQs About Motorcycle Accidents in Albuquerque
Do I need a lawyer after a motorcycle accident?
Yes. Insurance companies often undervalue motorcycle accident claims. An attorney ensures your rights are protected and that you pursue the full amount of compensation available.
What if I wasn’t wearing a helmet?
In New Mexico, adults are not required to wear helmets. Even if you were not wearing one, you can still pursue compensation for your injuries. However, the defense may argue that the lack of a helmet contributed to the severity of head injuries.
How long do I have to file a claim?
New Mexico law generally gives you three years from the date of the accident to file a personal injury claim. If the case involves a government entity, the timeline is shorter.
What if I was partially at fault?
New Mexico follows a pure comparative negligence rule, meaning you can still recover damages even if you were partly at fault, but your compensation will be reduced by your percentage of fault.
Why Hire a Motorcycle Accident Lawyer in Albuquerque?
Urban riders often have to deal with dense traffic and multiple intersections, particularly on roads like Central Avenue or along the I-40 corridor. These areas see frequent congestion and erratic driver behavior, making them potential hotspots for accidents. Riders must be particularly cautious around intersections where visibility is limited, and the risk of an inattentive driver making a sudden turn is high. By staying informed about these challenges and preparing for unexpected changes in the environment, Albuquerque motorcyclists can better protect themselves and enjoy a safer riding experience.
If you've suffered a motorcycle crash, you'll need attorneys with experience representing injured riders. Your team at Martinez, Hart, Sanchez & Romero has the experience to understand your injuries and help you overcome the challenges placed on your claim. We are here to listen and ready to stand up for you.
Some of the many complications that can arise in motorcycle accident claims include:
- Severe Injuries: Severe injuries are 10 times more likely with motorcycle crashes than with car crashes. Serious injuries, such as head trauma or damage to the spinal cord, can be life-threatening and permanent. Severe injuries will require legal professionals to prove your claim and help you get back on the road.
- Insurance Disputes: Calculating injury settlements is a complex matter, especially when insurance companies deny your claim or undervalue your injuries. This leads to complicated disputes between insurance companies and motorcycle accident victims, who often feel the insurance company is not fairly evaluating the crash. We have extensive experience working with insurance companies and understand insurance policies and negotiations. This often puts our clients in the best possible position to improve the likelihood of a successful outcome.
- Varying Insurance Coverage: Coordinating your health insurance coverage and auto insurance coverage is important to a successful recovery. At Martinez, Hart, Sanchez & Romero, we understand the complex language typical in insurance policies and know how to help you maximize all of the available insurance coverage to pay for your medical expenses, pain and suffering, and property damages.
- Calculating Settlement Offers: Insurance companies often make low initial offers. Evaluating whether the offer is fair and reasonable for the injuries you suffered requires a skilled legal team. We are ready to listen to your claim and help ensure that you are treated fairly.
- Litigation: Many motorcycle accident claims are settled outside of the courtroom. However, if there are disputes about fault or damages, the claim will likely be taken to court. With professional legal assistance on your side, you can rest assured that your claim will be presented effectively to the jury.
Martinez, Hart, Sanchez & Romero help motorcyclists in Albuquerque and throughout New Mexico get back on the road. We're passionate about assisting our clients so they can focus on their health and well-being instead of worrying about how they'll pay their bills during this trying time.
We offer free initial consultations and contingency fees, meaning you do not owe any upfront costs when you hire our firm. Instead, we only collect legal fees and litigation-related expenses if we successfully recover a settlement or jury verdict on your behalf.
Contact us today at (505) 806-1780 to learn how our Albuquerque motorcycle accident attorney can help you get back on your feet after a motorcycle accident.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.