In a tragic accident last week, a New Mexico man crashed his pick-up truck into a motorcycle, killing the driver and injuring the driver’s 11-year-old daughter. According to a report by the Huffington Post, a witness had called police about the driver twice earlier that day; once for erratic driving and once for fighting with a neighbor. Shortly after the second call to police, witnesses report the man’s truck crossing the center line into oncoming traffic and colliding with a motorcycle. The driver of the motorcycle was pronounced dead at the scene.
In 2006, the man was charged with another fatal DUI and served 6 years in prison as a result. In that accident, the same driver failed to stop at a stop sign and collided with a motorcycle carrying two passengers. One of the drivers was killed and the other was paralyzed. In a remarkable yet tragic coincidence, the victim in the most recent accident was the brother of the judge who sentenced the driver for the first accident.
Motorcycle Accidents in New Mexico
No matter what kind of motorcycle a rider chooses, the reality is that the bike won’t fare well in an accident with a larger vehicle. In fact, each year hundreds of New Mexico residents are injured or killed in motorcycle accidents many of which are due to no fault of the motorcyclist. Motorcycle accidents, like other accidents, can be caused by a number of things, but the most common reason for motorcycle accidents is that the other driver fails to notice the motorcyclist.
Motorcyclists have the same right to be on the road as the drivers of cars and trucks. Despite this fact, many drivers do not pay as close attention to motorcyclists on the road as they should, endangering everyone–but especially motorcyclists.
When a driver is at fault for a New Mexico motorcycle accident, that driver can be held both criminally and civilly liable to the victim. In the case of civil liability, the victim (or the victim’s family) is entitled to recover monetary damages due to the driver’s negligence in getting into the accident. In order to recover, the accident victim will need to satisfy the elements of negligence. Generally, this requires a plaintiff show that they were owed a duty of care by the defendant; the defendant violated that duty of care; and that the defendant’s violation caused the plaintiff’s injuries.
What To Do if You Have Been Involved in a New Mexico Motorcycle Accident
If you or a loved one has recently been involved in a New Mexico motorcycle accident, you should speak with an experienced New Mexico motorcycle accident attorney as soon as possible. Depending on the facts of your case, you may be entitled to monetary damages due to the other driver’s negligent operation of their vehicle. To find out more about the laws of negligence in New Mexico, and to further discuss the facts of your case, contact the Fine Law Firm at 505-889-FINE, or online.
New Mexico Man Dies in Iowa Accident Involving Slippery Roads, New Mexico Personal Injury Lawyer Blog, January 23, 2014.
Rare Jury Verdict Reminds Drivers in New Mexico and Nationwide to Drive Sober, New Mexico Personal Injury Lawyer Blog, January 20, 2014.