Who’s at Fault for Albuquerque Bicycle Accidents
The Insurance Institute for Highway Safety (IIHS) reported that 843 bicyclists were killed in crashes with motor vehicles in 2019, with thousands more seriously injured.
The most crucial part of any bicycle accident claim is figuring out who is at fault. This is the party or entity responsible for compensating you for your suffering. But first, your attorney must prove that the accused party is to blame. This takes evidence.
For bicycle accidents, there are several different parties that could be at fault. More often than not, the driver that hit you will be found liable. Usually, because they were:
- Drunk driving
- Drugged driving
- Distracted driving
- Driving while fatigued
- Failure to yield
- Failure to use a turn signal
- Failure to stop
- Road rage
But drivers are not the only party who could be responsible. Even though you were hit by a car, dangerous roadways and defective car parts could cause. Dangerous road conditions might include:
- Missing street signs
- Misplaced street signs
- Lack of street lamps
- Unsecured road construction zones
- Unrepaired pavement
But what if defective auto parts caused your accident? The driver might not have had any control of the accident if a part was faulty in some way. Some of the different parties who could be culpable are:
- Auto parts producers
- Auto parts designers
- Auto dealerships
- Safety inspectors
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*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
Compensation for Bike Accident Injuries
Under the law, you have the right to be made whole when someone else is responsible for harming you. This means you should be compensated for every way your life has been adversely affected by your bike accident. This includes economic and non-economic damages.
Your economic damages are financial and might consist of:
- Medical expenses
- Medical equipment
- Loss of income
- Diminished earning capacity
- Childcare expenses
- Costs of household maintenance
- Costs of repairing or replacing your bike
Non-economic damages are different. They include all other ways your life may have been turned upside down by your bike accident injuries.
Some of the more common non-economic damages are:
- Damage to your reputation
- Lost quality of life
- Loss of consortium
- Emotional distress
- Physical pain
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Albuquerque Bicycle Accident FAQ
You are probably confused and unsure of what your next steps should be. With that in mind, our Albuquerque bicycle accident attorneys want to ease your concerns. We have compiled this quick FAQ for bike accident victims, and if you have additional questions, be sure to contact the Law Giant Team.
What if I was partially at fault for a bicycle accident?
Many bicycle accident victims find themselves injured after making a mistake. Maybe you didn’t stop at a traffic light. Or perhaps you weren’t wearing the appropriate equipment. In any case, New Mexico law does not prevent accident survivors from being awarded compensation when they share fault.
However, this pure comparative fault system can still affect your case. Your percentage of fault will correlate with how much your injury settlement will be reduced. For example, if you are found to be 10% at fault because you forgot to signal, but the other driver was impaired, you can likely still recover 90% of your losses.
How long do I have to file a bicycle accident claim in Albuquerque, NM?
Bike accidents in Albuquerque need to be filed before New Mexico’s statute of limitations expires. This gives accident survivors three years to get their lawsuits filed in the NM civil court system. However, every case is different. And it is not uncommon for there to be case-specific deadlines. Your attorneys will examine the details to determine how long you have left to file.
Can I file a claim if my child was injured in a bike accident?
Yes. While minors cannot pursue a civil claim on their own, that doesn’t mean they aren’t entitled to financial compensation. Parents and guardians have the right to pursue what they deserve on their behalf. Your attorney can guide you through this process and will be by your side as you seek justice for your injured child.