Albuquerque Motorcycle Accident Lawyer

Motorcycle Accident Attorney in Albuquerque, NM

New Mexico is one of the most beautiful and scenic places in the country. Our beautiful mountains, big open skies, and striking desert landscapes are perfect for many outdoor activities, including riding motorcycles. When riders are involved in a road accident, however, injuries can often be severe and medical, and other expenses can quickly get out of control. At this time, you are advised to hire an Albuquerque motorcycle accident lawyer to help defend your interests.

The Albuquerque personal injury law firm of Berenson & Associates, PC, understands the unique issues that face victims of motorcycle accidents. We have helped many people hurt in collisions with the claims process, and we work to hold the responsible parties accountable – even if it means taking a case to trial. Our team has 25 years of experience in injury cases. Contact an Albuquerque injury lawyer from our firm to learn more about how we can help you.

Motorcyclists Are Often the Most Vulnerable

Motorcycle crash victims often end up as the most severely injured parties in a crash, since motorcycles offer little protection compared to cars or trucks. Despite motorcyclists being involved in 2.3% of all vehicle crashes in New Mexico, they were involved in 13.2% of fatal crashes in 2023, according to the New Mexico Department of Transportation (NMDOT). In Albuquerque, there were 296 motorcycle crashes in the same year, according to NMDOT.

Motorcyclists in New Mexico accidents suffered suspected serious injuries in 14% of accidents they were in, while all individuals in all vehicles suffered suspected serious injuries in only 1% of accidents.

Even if riders wear helmets and other protective gear, they can still suffer serious and long-lasting injuries such as:

• Injuries to the brain and/or spinal cord
• Severe muscle or nerve damage
• Broken bones
• Burn injuries
• Loss of limbs

Medical treatment is essential after a motorcycle accident. The Lovelace Medical Center is located at 601 Dr. Martin Luther King Jr. Avenue.

Many motorcycle accidents come about from drivers not seeing a motorcyclist when making a lane change or turn. If drivers do not properly check to make sure their path is clear — by signaling their turn, checking their mirrors, and making sure nothing is in their blind spots — they could be held liable for damages in the event of an accident.

New Mexico Deadline for Filing

Victims of motorcycle accidents typically have three years from the date of the accident to file their legal claim. For residents of Albuquerque, this can be filed at the Bernalillo County Courthouse, located at 400 Lomas Boulevard Northwest.

However, if a government entity was involved in the crash, victims typically only have two years to file their claim. If your claim is against the state or any local public body, you have 90 days to give written notice of your intention to pursue a legal case against them. For example, if you crashed because of a pothole that you believe the state failed to repair, you need to notify them before filing your case.

While these timelines may seem long, it’s vital to act quickly after a crash. If you fail to file within this specific deadline, the court is most likely to dismiss your case entirely, and you won’t be able to recover any compensation for your pain.

Plus, preserving relevant evidence can become more difficult the more time that passes. Witness memories tend to fade and alter quickly after witnessing traumatic events, and surveillance footage that caught the crash can tape over itself after a short period of time.

New Mexico Laws That Affect Motorcycle Claims

In 2024 in New Mexico, a motorcycle crash occurred every nine hours. While motorcycle crashes only made up 1.2% of motor vehicle crashes in the state that year, they made up 7.1% of fatal motor vehicle crashes. There were 1,059 motorcyclists involved in a New Mexico crash in 2024, with 57 fatalities.

Certain laws can affect the outcome of your motorcycle accident case. New Mexico has a helmet law that all minors under the age of 18 must follow. All minors must wear a safety helmet while operating a motorcycle. If a minor is a passenger on a motorcycle, they still need to wear a safety helmet.

For most motorcycles registered within New Mexico, they must have a minimum insurance coverage of $25,000 for injury or death to a single person in an accident, $50,000 for injury or death to two or more people in an accident, and $10,000 for any property damage caused by an accident.

What Evidence Can Help Pinpoint Liability in a Motorcycle Accident?

To successfully determine who was at fault in a motorcycle accident, you need to collect a strong set of evidence. Many different types of evidence can be collected, which is why it’s important to hire an attorney who knows what to look for.

Some of the most common include:

• Police reports. This provides details about the accident, including officer observations.
• Testimonies from bystanders about what they saw
• Photos and videos. This provides visuals to help recreate the accident scene for those who were not there.
• Documentation, such as medical records of your injuries, to help establish the impact of the accident
• Professional testimony. Hiring an accident reconstructionist can help analyze the scene and determine how the accident happened.
• Cell phone records. If someone is accused of distracted driving, their phone records can show if they were making a call or sending a text during the incident.
• Black box data. Some vehicles contain data records that can capture speed, braking, and other information that led up to the incident.

This evidence can determine the cause of the accident, and it can identify which party was at fault.

How to Prove Liability After a Motorcycle Accident in Albuquerque

In most motorcycle accident cases, one of the involved drivers or riders is to blame. To recover compensation from that driver’s insurance coverage, you must prove they are liable for the accident. Using the evidence uncovered in an investigation of the accident, you need to establish the following elements:

1. Duty of care: The driver must have owed you a duty of care. Generally, drivers on the road have a duty of care to follow the law and avoid causing harm.
2. Breach of duty of care: The driver breached their duty of care to you. Usually, this is because the driver acted negligently. Distracted driving, speeding, failing to get vehicle repairs, and other careless actions are considered negligent or reckless behaviors. Drivers can also be held liable for criminal actions, like driving under the influence.
3. Causation: The driver’s negligent action or inaction must cause the accident, or it must be a factor that caused the accident. Drivers cannot be held liable for negligent actions if the accident was caused by something else and not their negligence.
4. Damages: You must prove that the accident caused you damages that are recoverable in an insurance or civil claim. Your damages could include your injuries, property damage, and other losses associated with your accident.

If you can show these elements and prove another driver is fully liable for your damages, you could recover the total of your damages from the accident.

There are rare situations where someone other than a driver is to blame for the accident, such as the manufacturer of a faulty product or an employer who put unreasonable deadlines on their commercial drivers.

Evidence to Collect for Your Motorcycle Accident Case

When you work with an experienced attorney, they can uncover the party or parties who are at fault. Then, they can recover the most damages possible under New Mexico’s motorcycle accident laws.

Courts rely on extensive evidence to make their final decision about a motor vehicle accident case. If the other party has more proof leaning in their favor, it can decrease your chances of success. Depending on the specifics of what happened during your crash, you can collect:

• A detailed, written timeline of events
• Testimony from anyone who witnessed the crash and experts who can offer their opinion about what caused the crash and your resulting injuries
• Photos and videos of the crash site, including any skid marks or property damage caused by the incident; your visible injuries, to show the extent of your wounds; damage to your car and other belongings
• Copies of the incident report, 911 call transcript, medical records at the time of the incident, and any subsequent visits to the hospital or doctor, medical bills
• Documentation of lost income and your mental losses, such as notes from a therapist that document your mental state at the time of the crash
• Footage from dash cams, traffic cameras, and surveillance cameras from nearby businesses or residences that caught the crash on video
• Any other proof to provide clarity to the court about what happened

How Our Albuquerque Motorcycle Accident Lawyer Can Help

After a motorcycle accident, you may be unsure what to do. These accidents can lead to catastrophic injuries and numerous financial losses, but a claim can recover those damages. Unfortunately, filing that claim is made almost impossible when you are injured, and the last thing you should be doing is worrying about gathering evidence and arguing with insurance companies.

When you hire a motorcycle accident lawyer, you can take the time you need to recover from your injuries, as your attorney can quickly begin the investigation process to build your claim. An Albuquerque motorcycle accident attorney can:

• Determine if you have the grounds for a claim against another driver or some other party.
• Meet deadlines, like the insurance claim deadlines and the civil statute of limitations.
• Make informed recommendations about your options for recovering compensation.
• Uncover the cause of the accident and which party is at fault.
• Gather evidence from the scene of the accident and documentation surrounding the accident.
• Assess the value of your damages, including medical bills, lost income, the repairs for your motorcycle, and more.
• Determine if it is necessary to file a civil personal injury claim to recover the full compensation you are owed.
• Negotiate with the at-fault driver’s insurance company for a fair settlement.

Represent your personal and financial interests in court.

At Berenson & Associates, PC, our lead attorney, Rachel Berenson, has more than 25 years of personal injury law experience. Our firm strives to provide compassionate and personalized legal care for people like you. We understand how difficult it is to manage a serious injury and a traumatic accident, so we want to help.

What Are the Common Causes of Most Motorcycle Accidents in Albuquerque, NM?

Motorcycle collisions happen for many reasons. They can be the fault of a motorcyclist, a passenger car driver, or another party. While you should drive safely and defensively as always, this does not always prevent an accident, especially when another party is negligent. Some of the most common causes of motorcycle accidents include:

1. Distracted driving. This is a frequent cause of collisions between all types of vehicles. When someone takes their eyes or attention off the road, they are more likely to cause an accident. Motorcycles are harder to see on the road, so distracted drivers may take even longer to notice them.

1. Speeding. Higher speeds increase the risk of an accident. When a collision occurs, speeding also increases the damage. Since motorcyclists often see the brunt of the injuries after a crash, this can lead to more severe injuries. Speeding includes both going over the speed limit and driving too quickly for the conditions.

1. Impaired driving. Driving under the influence of drugs or alcohol is illegal, and it is also likely to cause an accident. Impaired drivers are more likely to misjudge the location and speed of a motorcyclist, thus causing an accident.
2. Failure to yield. When drivers fail to yield the right-of-way, it can lead to an accident. One of the most common types of failure-to-yield motorcycle accidents occurs when a driver turns left in front of a motorcycle, thus impacting the smaller vehicle.This often happens because the driver misjudged the motorcycle’s speed or didn’t see the other vehicle. Drivers can also fail to yield at intersections, on multi-lane roads, or while merging, which can also cause a serious accident.
3. Low visibility. Motorcycles are harder to see on the road compared to other vehicles. Larger vehicle operators must take extra care to be aware of these vehicles. They should also fully check their blind spots and look for motorcyclists. Drivers who fail to ensure this care could sideswipe a motorcyclist or otherwise cause an accident. In low-visibility conditions, it is even more difficult to see a motorcyclist.
4. Mechanical failures. When components of a motorcycle or passenger vehicle fail, it can cause an accident, especially essential components, like brakes, the suspension, or tires.

FAQs About Motorcycle Accidents in Albuquerque, NM

How Much Are Most Motorcycle Accident Settlements?

The total amount of a motorcycle accident settlement can depend on many different factors, such as the severity of the injuries, medical expenses, and pain and suffering. Insurance policy limits and the degree of fault can also influence the final settlement in Albuquerque.

The highest motorcycle accident settlements typically include catastrophic injuries, such as spinal cord damage or traumatic brain injuries. Work with your attorney to receive the most favorable settlement possible.

How Long Does a Motorcycle Accident Claim Take?

The severity of your injuries and outstanding disputes can impact how long it takes to close your motorcycle accident case. While some straightforward cases can settle relatively quickly, others could take much longer, especially if litigation becomes necessary. Insurance companies could also delay the timeline, as they may wish to dispute who was liable for the accident or the extent of the damages they need to cover.

What Should I Not Do After a Motorcycle Accident in Albuquerque?

You should not admit to fault immediately after a motorcycle accident. Anyone who hears you say this can use the statements against you later in court. You should also not delay seeking medical care, even if you feel completely fine. Not all serious injuries present immediate symptoms, so it’s important to get checked on right away. You should also refrain from posting anything on social media, as it’s an open source and fair game to be used in court.

Who Is at Fault in Most Motorcycle Accidents?

Determining who was at fault for causing a motorcycle accident can be determined after an extensive look into traffic laws, witness statements, police reports, and any other available information. Sometimes, drivers of passenger vehicles are found at fault if it can be proven that they failed to yield or were distracted while driving and failed to see the motorcycle. However, a motorcyclist could also share some blame if they were speeding or lane-splitting illegally.

Hire a Motorcycle Accident Lawyer: Your Recovery Is Important to Us

Our experienced lawyers can evaluate your situation and conduct a thorough investigation so that your case is on the strongest possible footing. We are passionate about advocating for justice for our injured clients and their families, and we can guide you through your case from start to finish.

To learn more, contact our Albuquerque lawyers for a free consultation about your motorcycle accident case. Call us today at 505-243-4400 or email us your contact information.