What Caused Your Albuquerque Motorcycle Accident?
Determining fault is, arguably, the most important element of an Albuquerque motorcycle accident claim. This is because the liable party will be responsible for repaying the victim for their losses. It is easy to assume that the driver of the vehicle that struck you is to blame. And that very well may be the case if they were driving recklessly.
The most common types of negligent driving that cause motorcycle accidents are:
- Drunk driving
- Drugged driving
- Failure to stop
- Failure to use a turn signal
- Failure to yield
- Road rage
- Drowsy driving
- Distracted driving
- Risky driving
But negligent drivers aren’t the only cause of motorcycle accidents in Bernalillo County. Sometimes dangerous road conditions or defective auto parts cause a collision. Only a thorough analysis of your case will determine what caused your accident and who is at fault.
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Dealing With the Insurer
As a motorcyclist, you know that the insurance company already views you as risky. The insurance company will almost certainly try to capitalize on the fact that bikers are perceived as reckless. They blame riders for accidents so they can pay less. But having a lawyer prevents you from being taken advantage of because a professional will handle the negotiations and present the facts.
Motorcycle Accident Claims: Damages & Compensation
Under the law, when someone else is responsible for causing your motorcycle accident injuries, you have the right to be made whole. This means that every single way in which your life has been negatively affected by your motorcycle accident should be included.
Also called economic damages, financial losses are the most commonly thought of because they are easily counted. You can look at a medical bill and know how much it’s going to cost. Or, you can examine your rate of pay and how many hours of work you lost to figure out how much you should be repaid for lost wages.
Other economic damages in your Albuquerque motorcycle accident claim may include:
- Diminished earning potential
- Loss of benefits
- Childcare expenses
- Household maintenance costs
- Future medical expenses and equipment
- Costs of repairing or replacing your bike
- Increased insurance premium costs
It is unlikely that your life was only impacted financially. These are known as your non-economic damages. Although these losses do not have a set value, they are much more impactful.
Some common non-economic damages that you could recover are:
- Lost quality of life
- Loss of consortium
- Damage to your reputation
- Emotional distress
- Physical pain
Depending on your case, you may also be entitled to additional damages. Punitive damages are awarded rarely. But such an award could significantly increase the amount of your final injury settlement. The court may decide to award you punitive damages only if they find that the defendant’s actions were deplorable.
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Albuquerque Motorcycle Accident FAQ
No one ever expects to be involved in a motorcycle accident. But the National Highway Traffic Safety Administration (NHTSA) reports over 80% of all motorcycle accidents result in injury or death. That is more than four times the rate for car accidents. With so much at stake for the victims, our motorcycle attorneys want to ensure your questions get answered.
What should I do after a motorcycle accident?
After a motorcycle accident in Bernalillo County, NM, you may be feeling scared and confused. The first thing you should do after your motorcycle accident is call 911. This will alert law enforcement, and an ambulance will be sent to the scene. If you can, start taking as many photos as you can, speak with witnesses if possible, and try to remain calm. Once the police arrive, you can give them the information they need to make a police report.
You should also be seen by a healthcare provider even if you don’t think you have suffered severe injuries. It is not uncommon for injuries to arise later. Once you have been medically cleared, your next call must be to your attorney. The sooner we can get started on your claim, your case against the liable party becomes.
How long do I have to file a motorcycle accident claim?
You don’t have very long to decide if you want to file a motorcycle accident claim in New Mexico. The law states that your civil claim must be filed before the three-year statute of limitations expires.
What if my passenger was at fault for the accident?
If a passenger was at fault for your motorcycle accident, your case will need to be handled delicately. The person riding on your motorcycle with you is likely a friend or family member. But that doesn’t relieve them of the duty to cover your damages. Your attorney will need to handle the details carefully. But we must obtain the compensation you need to heal from your injuries as well.