Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

New Mexico Man Dead Following a Serious Motorcycle Accident

Free Consultation
June 11, 2015 | Posted in Firm News, Motorcycle Accidents

Late last month, a New Mexico man was killed after a motorcycle accident near Ector County. According to news reports, the driver of a Chevrolet was driving south on Loop 338, near Odessa. Evidently, the Chevrolet driver crossed the lanes into oncoming traffic. While crossing into the opposite lane, he slammed into a Harley Davidson motorcycle.

When medical personnel arrived, they immediately declared that the motorcyclist had passed away as a result of his severe injuries. The driver of the Chevrolet was transported to Medical Center Hospital, and as of the most recent report he is he still hospitalized and in serious condition. State Police are still investigating the accident to determine whether any charges should be filed.

Are Criminal Charges in New Mexico Necessary To Succeed on a Civil Suit in New Mexico?

In many situations, a car accident, especially one that results in a fatality, will lead to criminal charges against the culpable party. In some circumstances, the criminal charges are because the culpable party was driving under the influence or acting in a particularly egregious or unlawful manner. However, there are certain situations when no criminal charges are filed or when the alleged wrongdoer was found not guilty of criminal charges by a judge or jury. Although, a criminal charge and conviction makes a civil suit more likely to be successful, it is not a prerequisite.

Civil Standard vs. Criminal Standard in New Mexico
The burden of proof is different in civil cases than in criminal cases. First, in a criminal case, the state must establish that the defendant is guilty beyond a reasonable doubt. However, in a civil case, the plaintiff only needs to establish liability by a preponderance of the evidence. This is generally done by showing that the plaintiff suffered compensable damages as a result of the defendant’s negligent conduct.

Another key difference between civil cases and criminal cases is the intent that is required in these cases. In criminal cases, the state needs to show that not only did the defendant commit the crime but also they possessed the requisite “criminal intent.” By contrast, in a civil case, the culpable party may be held responsible for the damages even if they did not intentionally commit the act.

Have You or a Loved One Been Injured In an Automobile Accident?

If you or a loved one has been injured or killed in a New Mexico automobile accident, it is imperative that you contact an experienced attorney to assist you in your claim. As you can see, there are significant differences between criminal cases and civil cases, and these distinctions are extremely important in developing your case. An Albuquerque car accident lawyer at the Fine Law Firm can help you establish your case. If you are successful, you may be entitled to monetary compensation for your injuries, including payments for your past medical bills and future medical expenses related to the accident. Contact the Fine Law Firm at 505-889-FINE to schedule your free initial consultation.

More Blog Posts:

Family of Man Killed by New Mexico Police Office Files Suit, New Mexico Personal Injury Lawyer Blog, April 1, 2015.

State Supreme Court Remands Truck Accident Case For New Trial Due to Evidentiary Issue, New Mexico Personal Injury Lawyer Blog, May 12, 2015.

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy