Every year, New Mexico reports hundreds of serious motorcycle accidents. Identifying who is at fault for a motorcycle accident is important, as this determines who is responsible for paying under New Mexico’s fault law. Understanding how insurance companies decide fault can help you stand up for your rights and seek justice during your motorcycle accident claim in Albuquerque.
Common Causes of New Mexico Motorcycle Accidents
Motorcycle accidents are often extremely destructive, leading to life-changing injuries and fatalities. In 2023, 55 motorcyclists lost their lives in traffic accidents in New Mexico, according to the Insurance Institute for Highway Safety. Most motorcycle-related collisions are entirely preventable. They stem from various human errors and negligence, or a lack of proper care used.
The most common causes of motorcycle accidents in New Mexico include:
- Distracted driving, including texting
- Driver inattention
- Failing to check for motorcyclists
- Speeding
- Failing to yield the right-of-way
- Driving under the influence
- Unsafe passing or turning
- Following too closely
- Drowsy driving
- Breaking motorcycle traffic laws
- Dangerous road or weather conditions
- Motorcycle or vehicle defects
- Dooring
In the immediate aftermath of a motorcycle crash, the police should be called to report the accident and conduct an investigation. The police report can contain key details and facts about the crash that help investigators determine who is at fault.
Navigating New Mexico’s Fault-Based Insurance Law
Determining fault is necessary after a New Mexico motorcycle accident if the injured motorcyclist wishes to file a claim in pursuit of financial compensation for his or her related losses. This is because New Mexico operates under a fault-based or tort-based car insurance system, where the person or party at fault for causing an accident is held liable or financially responsible.
Every motor vehicle operator in New Mexico, including motorcyclists, must carry minimum amounts of insurance to ensure that they can pay for accidents they cause. If you have grounds to bring a claim against a driver for causing your motorcycle accident, that driver should have at least $25,000 in bodily injury coverage and $10,000 in property damage coverage to pay for your losses.
To be eligible for insurance coverage from another motorist in New Mexico, you must prove their fault or liability. This requires evidence of negligence, recklessness or wrongdoing. You must prove your claim as “more likely to be true than not true” to an insurance company, judge or jury to qualify for compensation. This burden of proof is known as a “preponderance of the evidence.”
Proving Liability in a Motorcycle Accident Claim
If you know that someone else is to blame for your motorcycle accident, you should start collecting evidence or fault right away. It will be up to you or your personal injury lawyer in Albuquerque to establish that one or more other parties were in the wrong, and that this caused your motorcycle accident and related injuries.
Proving liability can make you eligible for financial compensation for various losses from the other party’s insurance company. Recoverable damages may include your past and future necessary medical costs, motorcycle repairs or replacement, lost wages, disability or disfigurement, lost capacity to earn, and pain and suffering.
The Four Elements of Negligence
Before you can receive compensation, you must establish fault. Typically, this is synonymous with establishing negligence. Negligence is the legal foundation for most automobile accident cases in New Mexico.
Negligence has four elements:
- Duty of care owed by the defendant not to cause harm
- Breach of the duty of care (act or omission of negligence)
- Causation for the accident and injury
- Damages or losses suffered by the victim
As the plaintiff or injured party, you must provide evidence that the defendant or accused party had the responsibility to prevent your motorcycle accident and fell short of this duty by engaging in a careless or reckless act. Then, there must be evidence that the defendant’s actions caused your motorcycle accident and related injuries.
Potentially Liable Parties
A New Mexico motorcycle accident case can involve multiple defendants, depending on the circumstances. Common examples include:
- A motor vehicle driver
- A company or employer
- The government (for unsafe road conditions)
- A motorcycle part manufacturer
- A mechanic or repair shop
It might be possible to hold more than one person or party liable for your crash. This can give you multiple insurance policies to use for coverage, which is why it’s imperative to find the best motorcycle accident lawyer in New Mexico to help protect your rights.
Comparative Negligence in New Mexico
New Mexico motorcycle accident cases often involve the doctrine of comparative negligence. This law allows an injured victim to remain eligible for financial compensation even if he or she contributed to the accident. In New Mexico, an injured motorcyclist does not have to be 100 percent free from fault to receive a settlement or judgment award.
If a motorcyclist is allocated partial fault for an accident, his or her financial recovery will be reduced by a matching or equivalent percentage. If the original award was $100,000, for example, but the motorcyclist is assigned 10 percent of fault, the settlement will be reduced by $10,000 to $90,000 under the comparative negligence law.
New Mexico abides by a pure comparative negligence law, which means there is no limit on the amount of fault that can be assigned to an injured party in a personal injury case (short of 100 percent). Sharing liability, however, will decrease the value of the motorcyclist’s damage award.
How to Strengthen Your Motorcycle Accident Case
A motorcycle accident in New Mexico can turn your life upside-down. Getting back to the life you love may be possible with a personal injury claim against the at-fault person or party. This can result in the compensation you need to pay your related bills and move forward with peace of mind.
You can strengthen your case and improve your odds of success by taking the right steps. This includes calling 911 from the scene to report the motorcycle accident, remaining to gather evidence, getting medical care immediately, and knowing how to deal with insurance companies and the biases they often have against motorcyclists.
You don’t have to handle your legal claim alone. An experienced injury lawyer in Albuquerque can help you fight for the justice and compensation you deserve during this difficult time. A lawyer can investigate your accident, preserve and collect evidence of negligence, handle negotiations with insurance claims adjusters, and even take your case to trial in New Mexico, if necessary. For more information about how an attorney can help you in the aftermath of a motorcycle accident, contact The Fine Law Firm to request a free case evaluation.