Albuquerque Bicycle Accident Attorney
The moments after a bicycle accident can be disorienting and scary. However, these moments are also crucial to your future insurance claim or lawsuit. Filing an injury claim against an at-fault driver or other party in New Mexico can give you the justice and compensation you deserve after a serious bike accident. Give yourself the best chance of a fair compensation by hiring an Albuquerque bicycle accident attorney.
Why Choose Us?
If you want honest, dependable, and aggressive Albuquerque accident lawyers supporting your bicycle accident case, contact us. The Fine Law Firm can answer your questions, review the merits of your case, and offer tailored legal advice based on your unique situation. We are proud to serve the Albuquerque community with exceptional legal representation. Clients trust us with their cases for a number of reasons.
- Our history of success. We have a 99% success rate and an impressive record of results.
- Our reputation in the legal field. Judges and adjusters refer their friends and family to us when they believe they have injury claims.
- Our fee setup. We never charge a dime unless we win, and we never take more than 33% of the final settlement. We’ll reduce our fees to ensure we always receive less than our clients.
New Mexico Bicycle Accident Resources:
- Why do I need a bike accident lawyer?
- Who is at fault in my bike accident?
- What factors affect my bicycle accident claim?
- What are New Mexico’s bike laws?
- What are the most common causes of bicycle accidents?
- What should I do after a bike accident?
Why Do You Need a Bicycle Accident Lawyer?
If you’ve suffered an injury after a bicycle accident, an attorney can help you decide whether the negligent party owes you compensation for medical bills, lost wages, and suffering. Bicyclists who suffer injury from negligent car or truck drivers may suffer catastrophic physical injury; an Albuquerque bicycle accident attorney can improve your chances of fair compensation.
If you’ve suffered an injury in a bicycle accident of any kind, contact the experienced Albuquerque accident lawyers at The Fine Law Firm. Our attorneys know how to litigate these claims to your greatest advantage. From in-depth case investigations to one-on-one client care, you can rely on our dedication to our clients. Call (505) 889-FINE today for your free consultation.
Who Is At Fault?
New Mexico law allows bicycle accident victims to hold others responsible for their damages, if someone else’s negligence caused the collision. You can identify the at-fault party by analyzing the facts of your accident. Look at where you were, what direction you were going, who was involved, and who may have witnessed the accident. The liable party may be a driver, but it could also be the entity that designed the road or crosswalk, another bicyclist, a part manufacturer, or the government for failing to fix a pothole.
4 Factors That Affect Your Bicycle Accident Claim
If you are filing a bicycle accident insurance claim or personal injury lawsuit, different factors can affect the outcome of your claim. Depending on the circumstances of the accident, the insurance company will examine the following considerations before determining eligibility and amount of compensation.
- Location plays a major role in bicycle accident claims. Depending on where the accident took place, the insurance company could examine right-of-way laws and decide fault in the accident. For example, if the accident took place on a recognized bike path where you had right-of-way, the motorist is clearly at fault. However, if you exited a driveway into the road without yielding, you could be liable for the accident.
- The time of day can also impact your claim. Did the accident take place during a sunny afternoon where the driver clearly could see you? Did you collide at nighttime, with low visibility and a lack of lights, reflectors, or bright clothing? Depending on the situation, the insurance company could assign different degrees of liability.
- Road conditions can contribute to bicycle claims. If the road was excessively damaged or the weather conditions were poor, leading to lower visibility, the company can lower the driver’s liability.
- Driver and cyclist behavior also impact bicycle claims. Was the driver distracted or under the influence at the time of the accident? Was the cyclist wearing headphones or riding during low visibility without a reflector? These circumstances are very important when determining liability in a cyclist claim.
Albuquerque & New Mexico Bike Laws
The city of Albuquerque lays out several laws that cyclists must follow while navigating New Mexico roads under the Albuquerque Code of Ordinances Chapter 8: Traffic Code. If you are a cyclist involved in a collision with a motor vehicle, the insurance company or defense attorney in your claim will likely investigate if you were following bicycle laws at the time of the accident.
If you broke one of the following ordinances, the insurance company or jury could hold you at-fault for the accident, lowering your chances of recovering compensation. These laws are applicable to Albuquerque riders who operate a bike on a paved or dirt path, bike lanes, exclusive bike and pedestrian paths, and all city streets.
- Cyclists have the same rights as motor vehicle drivers in using streets, highways, and roadways. All cyclists on the road are subject to the same laws to which motor vehicle drivers must adhere.
- Cyclists must follow all traffic control signals, signs, speed limits, and control devices that motor vehicles must follow. The only exception is if a police officer says otherwise.
- Cyclists cannot ride in areas where signs prohibit the use of bicycles.
- Wherever a bicycle lane is available and provides at least four feet of space, cyclists must stay in the bike lane except at intersections, to pass cyclists, cars, and obstacles, and to make a left or U-turn.
- If no bike lane is available and the road is wide enough, cyclists must ride as far to the right in the lane as possible.
- Motorists have a duty of care to act with caution around cyclists, as well as wait to open a vehicle door until a cyclist passes.
- Cyclists have the right-of-way in bike lanes, and motorists must yield before turning.
- Cyclists can only ride on a sidewalk when a bike lane is not available.
- All cyclists need a lamp, a reflector, and a working brake.
- All cyclists must use appropriate hand signals for turning and stopping.
What Are the Most Common Causes of Bicycle Accidents?
Many factors can lead to bicycle accidents on Albuquerque roads. Driver negligence is a major factor, as drivers can easily lose focus on the road or commit a driving error that leads to a cyclist collision. In addition, weather conditions and roadway defects can contribute to an accident.
A speeding driver may have a slow reaction time and crash into a bicyclist, for example. A driver could be under the influence of drugs or alcohol at the time of the accident, which also limits his or her reaction time and judgment. Driving while distracted can also lead to bicycle-motor vehicle collisions. Another possibility is that of a driver failing to follow traffic signs and signals, ignoring the right-of-way and colliding with a cyclist.
The conditions of the road can also cause bicycle accidents. Many cyclists avoid cycling on days when the weather is snowy, icy, or rainy, but inclement weather can suddenly occur at any time. Cycling during poor weather can lower cyclist visibility and lead to collisions. Road defects can lead to a cyclist or a driver losing control of his or her vehicle; in this situation, the city government could be liable for the accident.
What to Do After a Bicycle Accident
If you are suffering from severe injuries, have someone call 911. If you can move without too much pain, call 911, bring a police officer and medical services to the scene, and seek medical attention. Your medical records and the police report will be crucial pieces of evidence in your claim. Make sure to preserve as much evidence as possible, including your clothing, your bicycle, and your helmet.
In addition, take steps to document the scene and your injuries. Take pictures of your injuries, your bike, the other vehicle, the accident’s surroundings, and any posted traffic signs. Collect the contact information of the driver and any witnesses. In addition, ask the driver for his or her insurance information.
Safety Tips for Cyclists
Do you want to stay safe while cycling on Albuquerque roads? Bicycle accidents can be very devastating. If you want to stay safe on the road while cycling, follow these simple safety tips. If you do get into an accident while following these tips, you can increase the validity of your claim.
- Always follow all traffic laws, right-of-way rules, and posted signs and signals while riding your bike.
- When you choose a bike, pick one that fits you. Larger bikes are harder to control, which can lead to serious accidents.
- If you need to transport any items, carry them in a backpack or strapped to the back of your bike.
- Always wear protective equipment while cycling: a helmet, bright clothing, reflective gear, reflectors, and a white front light and red rear light.
- Never ride with another person if you have a one-seat bicycle.
- Keep both hands on your handlebars at all times, unless you’re signaling a turn.
- Always ride a bike that has all working parts. Riding a bike with malfunctioning brakes can lead to disaster.
- Plan your cycling route before you start your ride. You want to choose routes where you can stick to the bike lanes or avoid as much traffic as possible.
- Always drive in the same direction as traffic.
- Do not text, listen to music, or do anything else that could distract you from the road.
Contact Us Today
For answers to your bicycle accident questions, a thorough evaluation of your case, and potential representation during your legal journey, contact the Albuquerque bicycle accident attorneys from The Fine Law Firm. Call (505) 889-FINE today to schedule your free consultation.