Yes. An injured passenger can file a motorcycle accident claim against the at-fault driver or rider in New Mexico. The amount of compensation available depends on factors such as injury severity, available insurance coverage and fault under the comparative negligence law.
How Do Accident Claims Work for Motorcycle Passengers?
In keeping with insurance laws in most states, New Mexico uses a fault-based rule to determine liability or financial responsibility for traffic accidents. Under this rule, the driver, individual or entity at fault for a motorcycle accident can be held liable for injured victims’ related losses. This rule applies to motorcycle riders as well as any passengers who were on the motorcycle at the time of the crash.
As a passenger, it is unlikely that you are to blame for the motorcycle accident. You were not the one operating the motorcycle or the other car. One of the operators will most likely be responsible for paying for your injuries and damages. Your right to seek financial compensation from the at-fault party remains the same whether you are a passenger or motorcycle rider in New Mexico.
How to Determine Liability as an Injured Passenger
You may have grounds to file a claim against the motorcyclist you were riding with, the driver of another vehicle or a third party – such as the government or the manufacturer of a defective motorcycle part – after a harmful collision. Liability will depend on the cause of the collision, which may require an investigation to determine.
In most cases, the liable party in a motorcycle accident is the vehicle operator who violated a traffic law at the time of the crash. If the person riding the motorcycle was speeding and unlawfully lane splitting, for example, the rider could be held responsible for your injuries. As a passenger, this means you can file an injury claim with the rider’s automobile insurance policy.
What Types of Compensation Are Available to Passengers?
Minimum amounts of automobile insurance are mandatory for all motorcyclists in New Mexico. The person you were riding with should have adequate insurance to cover your losses. If not, you may be able to access supplemental insurance from the other driver or your own insurance provider.
The compensation available may cover your:
- Medical bills
- Personal property damage
- Lost wages
- Loss of enjoyment of life
- Permanent scarring, disfigurement or disability
- Pain and suffering
- Out-of-pocket costs
It’s important to note that your financial recovery could be reduced under the comparative negligence law if an insurance company has a usable defense. Assumption of risk, for instance, could diminish your settlement if there is proof that you knowingly got on a motorcycle when you knew the rider was unqualified or intoxicated, or if you distracted the rider yourself.
When to Consult With a New Mexico Motorcycle Accident Attorney
As an injured passenger of a motorcycle crash in New Mexico, you may be dealing with severe or life-changing physical injuries, psychological or emotional distress, a shortage of available automobile insurance, defenses against liability by an insurer, a denied claim, or various other complications.
If you are facing any type of challenge during your claim that may interfere with your financial recovery, turn to the motorcycle accident attorneys at The Fine Law Firm for assistance. We will use our years of experience to help you get the financial compensation you deserve as an injured motorcycle passenger.