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Albuquerque Bicycle Accident Attorneys
Filing a Personal Injury Claim After a Bike Crash
Riding a bicycle is good for your health while also being beneficial to the environment. That’s why so many states, including New Mexico, have established laws to protect cyclists riding on streets also shared by passenger vehicles. Despite these laws, many cyclists find themselves the victims of accidents that could have been prevented. And in many cases, these bicycle accidents occur because of the carelessness of motorists.
Martinez, Hart, Sanchez & Romero devotes our legal practice to protecting the rights of others. We understand that cyclists are vulnerable on the road, which is why it’s crucial for motorists to pay attention and follow traffic rules. When drivers fail in their duties, devastating injuries, and even loss of life, are a real possibility for cyclists on the road.
If you or someone you love was involved in a bike accident in Albuquerque or the surrounding areas, contact our team today to learn more about your legal rights during a free, no-obligation consultation. Our bilingual staff provides legal services in both English and Spanish, and we do not collect any legal fees unless we recover compensation for you.
You can reach us online or by phone at (505) 806-1780.
Understanding New Mexico's Bicycle Safety Laws
Cyclists in this state are subject to the same rights and obligations as all other vehicles on the road. In addition to following applicable traffic laws, cyclists must ensure their bicycles are equipped with the right gear and accessories.
When it comes to nighttime riding, bicycles must have a front lamp, which must be visible at a distance of at least 500 feet, and a rear red reflector, which must be visible at distances ranging from 50 to 300 feet. All bicycles on the road must also be equipped with a bell or other signaling device and must have working brakes.
In Albuquerque, specific local ordinances may further regulate cycling conduct. For example, cyclists should be aware of any designated bike lanes and must utilize them where available. Understanding these regulations can aid in preventing mishaps and ensuring lawful cycling throughout the city. Our legal team is well-versed in both state and local laws, ready to offer guidance to bicyclists in Albuquerque.
Motorist Responsibilities & Cyclist Safety in Albuquerque
Even when conducting themselves in a safe, secure manner, cyclists could still be at risk of serious injury or death when motorists fail to drive safely. In fact, many bicycle accidents are the result of motorist negligence.
Some of the most common causes of bicycle accidents in Albuquerque and throughout New Mexico include:
- Ensuring Safe Passing Distances for Bicyclists
- Avoiding Accidents with Unsafe Left Turns
- Preventing Collisions with Right Turn Awareness
- Combating Distracted Driving to Protect Cyclists
- Impaired Driving: A Threat to Cyclist Safety
- Adhering to Traffic Laws to Prevent Bicycle Accidents
Sometimes, bicycle accidents happen not because of motorist negligence but due to outlying factors, such as inclement weather, dangerous road conditions, defective equipment, and safety gear, or even fellow cyclist negligence. At Martinez, Hart, Sanchez & Romero, our Albuquerque bicycle accident attorneys know how to thoroughly investigate claims to determine exactly what happened and, importantly, who was at fault.
In-depth investigations often involve examining traffic patterns and gathering witness statements to understand the full context of an accident. Understanding the interplay between road conditions and motorist actions can highlight negligence that might not initially be apparent. Our team works diligently, utilizing accident reconstruction experts, as needed, to convincingly advocate for the injured.
The Role of Albuquerque's Urban Design in Bicycle Safety
Albuquerque's unique urban landscape includes an extensive network of bike paths that intertwine with major roadways. While these paths are designed to make cycling safer and more enjoyable, the integration with busy streets can increase the risk of accidents. Certain intersections and areas are known hotspots for traffic congestion, which can lead to increased risk for cyclists who are sharing the road with hurried motorists.
Addressing these urban design factors is crucial for improving cyclist safety. This is why community involvement and effective city planning play a significant role in reducing bicycle accidents. Encouraging the development of protected bike lanes and ensuring that cyclists have adequate signage and protections at intersections are vital steps towards a safer cycling environment in Albuquerque. By advocating for these improvements, the community can work together to protect bicyclists and promote a more sustainable mode of transportation within the city.
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"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
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"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Common Bicycle Accident Injuries
Even when cyclists wear helmets, reflective clothing, elbow pads, knee pads, and other protective gear, they are at risk of suffering severe bodily injuries when they are hit by heavy, fast-moving vehicles.
Some of the most common types of bicycle accident injuries include:
- Broken bones
- Serious cuts, scrapes, and abrasions
- Friction burns, or “road rash”
- Facial injuries
- Bruises and internal bleeding
- Head, shoulder, and back injuries
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- Organ damage
In severe cases, bicycle accidents can lead to coma and death.
Though nothing can undo the traumatic experience you have been through, a successful personal injury lawsuit against the negligent motorist or liable party can provide you with financial compensation for damages such as medical expenses, lost income, and pain and suffering. If your loved one passed away due to a bike crash, you could have grounds for a wrongful death claim. We invite you to contact our team at Martinez, Hart, Sanchez & Romero to learn more at no cost.
Injuries sustained in bicycle accidents often require immediate medical attention and may involve long-term rehabilitative care. The emotional and financial toll these injuries take on a victim and their family can be overwhelming. Understanding the full extent of these impacts is crucial in securing the comprehensive compensation you deserve. Our legal team is committed to detailing all your losses, ensuring nothing is overlooked in your pursuit of justice.
What to Do After a Bike Crash
If you were recently involved in a bike accident, there are certain steps you can take to protect yourself, your well-being, and your future injury claim.
If you have not already done so, try to do the following after a bicycle accident:
- Seek medical attention right away or as soon as possible after the crash. Even if you believe that you were not seriously injured, you should still see a doctor or medical provider for treatment. Some injuries take hours or even days to appear; make sure you get checked out and that any injuries you have suffered are properly treated.
- Obtain as much evidence as you can from the accident. This might include copies of the police report, copies of your medical records and bills, paystubs showing your lost income, and records of the time you’ve taken off work to recover. If possible, wait to have your bike repaired, as it can serve as valuable evidence in your case.
- Refrain from talking to anyone from the at-fault party’s insurance company. Insurance adjusters know that most people don’t understand the claims filing process. They will take advantage of this by trying to offer you a lowball settlement but once you agree to a settlement, you cannot go back and ask for more. Never accept a settlement without first talking to a lawyer.
- Contact an experienced bicycle accident lawyer in Albuquerque, like those at Martinez, Hart, Sanchez & Romero, for help with your claim. An attorney at our firm can help you understand your legal options, as well as the amount you may be owed in compensation. We can assist you throughout the entire legal process and fight for the maximum compensation you are owed.
In the aftermath of a bike crash, keeping written documentation of all communications and records related to the accident can strengthen your claim. Photographic evidence, witness contacts, and a personal account of the event are critical. This information helps establish the sequence of events and can significantly bolster your position when negotiating with insurance companies or presenting in court.
Our Albuquerque bicycle accident attorneys are standing by, ready to help you with your personal injury case. Together, we have more than 100 years of legal experience, along with a long, proven track record of success.
Let’s Talk About Your Legal Needs
If you’re a cyclist in New Mexico who has been injured due to driver negligence or as a result of another party’s wrongful conduct, our firm is here to help you. We understand the laws governing all motorists and bicyclists and can help you bring together the necessary evidence to establish the careless behavior that led to your injuries.
Call Martinez, Hart, Sanchez & Romero at (505) 806-1780 to schedule a consultation with our Albuquerque bicycle accident attorneys or contact us online to learn more about our legal services.
Frequently Asked Questions About Bicycle Accidents
What Should I Do Immediately After a Bicycle Accident?
In the immediate aftermath of a bicycle accident, prioritize safety first. Get out of the roadway to a safer location if possible and check for any immediate injuries. Alert emergency services by calling 911 to ensure both medical and law enforcement assistance arrives quickly. Securing a police report can provide invaluable documentation and testimony regarding the accident's circumstances. Meanwhile, collect contact information and statements from witnesses, and use your smartphone to take photos of the scene, your bicycle, any vehicles involved, and visible injuries. Avoid discussing fault or liability with the other party or witnesses at the scene. Seeking prompt medical evaluation, even if injuries seem minor, is important because some conditions might not show symptoms immediately but could become more serious over time. Once safely home, document your memory of the accident details to help preserve your recollection while it is still fresh.
How Can a Bicycle Accident Lawyer Help Me?
An experienced bicycle accident lawyer provides invaluable guidance throughout the complex legal process following an accident. They can help you understand your legal rights and evaluate your claim's potential value by analyzing medical expenses, lost earnings, and non-economic damages like pain and suffering. A lawyer will lead investigations to gather evidence including accident reports, witness statements, and medical records to bolster your case. They handle negotiations with insurance companies to work towards securing fair compensation, aiming to shield you from common insurance tactics aimed at minimizing payouts. Moreover, if an amicable settlement is unattainable, a bicycle accident lawyer is prepared to represent you in court, presenting a detailed and compelling case to a judge or jury. This legal support maximizes your chances of receiving compensation that accurately reflects the full impact of the accident on your life.
What Are Common Defenses Against a Bicycle Accident Claim?
Defendants in bicycle accident claims, often guided by their insurance companies, may employ various defenses to minimize liability and reduce compensation. One common defense is contributory negligence, which suggests that the cyclist was partially or wholly at fault due to actions such as ignoring traffic signals or riding against the flow of traffic. Another defense might argue that unforeseen external factors, such as weather conditions or road defects, contributed to the accident, hence diluting the driver's responsibility. Additionally, some defendants claim that the injuries sustained by the cyclist resulted from not wearing appropriate safety gear, like helmets. Insurance companies may also question the severity or legitimacy of claimed injuries, perhaps suggesting pre-existing conditions. It is crucial for claimants to anticipate these defenses and, with legal guidance, prepare comprehensive evidence countering these arguments to uphold the claim's integrity.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
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Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.