Albuquerque Motorcycle Accident Attorneys

Why Are Motorcycle Accidents So Devastating?

Motorcycle accidents can be particularly devastating to motorcyclists due to a combination of factors, including the inherent risks associated with riding a motorcycle and the limited protection provided by the vehicle itself. 

Here are some key reasons why motorcycle accidents tend to result in severe consequences for riders:

• Lack of protective barriers: Unlike cars and other enclosed vehicles, motorcycles offer very little physical protection to their riders. Motorcyclists are exposed to the elements and have no external safety shell to absorb the impact in a collision. This means that when an accident occurs, riders are more likely to come into direct contact with other vehicles, the road, or roadside objects, increasing the risk of injury.
• Size and visibility: Motorcycles are smaller and less visible on the road compared to larger vehicles like cars and trucks. This reduced visibility makes it more likely for other drivers to overlook or fail to notice motorcycles, leading to accidents such as side-impact collisions or vehicles turning into the path of an oncoming motorcycle.
• Balance and stability: Motorcycles require a higher level of skill and coordination to operate compared to cars. Factors like uneven road surfaces, gravel, or sudden maneuvers can easily upset a motorcycle's balance, potentially causing a rider to lose control and crash.
• Vulnerability to road conditions: Motorcycles are more sensitive to road conditions. Potholes, debris, wet surfaces, and other hazards can have a more significant impact on the stability and control of a motorcycle. Even minor obstacles that might not affect a car can lead to a dangerous situation for a motorcyclist.
• High-speed impacts: Motorcycles often have powerful engines and are capable of high speeds. When accidents occur at higher speeds, the forces involved in the collision are significantly greater, leading to more severe injuries or fatalities.
• Lack of protective gear: While riders can wear protective gear like helmets, jackets, gloves, and boots, not all motorcyclists use or properly wear these safety items. Inadequate or absent protective gear increases the risk of serious injury in an accident.
• Ejection from the motorcycle: In many motorcycle accidents, riders are thrown from their bikes upon impact, which can result in secondary injuries as they collide with other vehicles, objects, or the road surface.
• Limited crash avoidance capabilities: Motorcycles typically lack advanced safety features found in cars, such as airbags, anti-lock braking systems (ABS), and electronic stability control (ESC). These features can help cars avoid accidents or mitigate their impact.
• Distracted or impaired drivers: Motorcyclists are often vulnerable to the actions of other road users, including those who may be distracted, impaired by drugs or alcohol, or otherwise engaged in risky behavior.

How Are Motorcycle Accident Cases Different from Car Accident Claims? 

A motorcycle accident can lead to devastating injuries. These injuries may affect your mobility and prevent you from earning a living. You’ll also be subject to exorbitant medical bills, which may not be covered by your insurance—especially if you lose your job to a disability. 

There is also the emotional component of being injured in a serious auto accident. You might feel depression about what occurred, or experience anxiety about what the future will bring.

Unfortunately, handling a motorcycle case is often more challenging than handling a typical car accident case. This is primary because the injuries are more complicated. Motorcycle cases are also more challenging because of the unfair negative biases that exists against motorcyclists. Contrary to the stereotypes, our experience handling thousands of motorcycle crash cases has shown that the majority of motorcyclists are safe and conscientious drivers. Most riders are concerned about their safety. They wear helmets, have taken one or more safety courses, and have a good driving record. 

FAQs About Motorcycle Accidents in Albuquerque

Is there a helmet law for motorcyclists in Albuquerque, and does it affect accident claims?

Yes, New Mexico law requires all motorcyclists under the age of 18 to wear helmets. Although adults are not legally required to wear helmets, doing so can significantly reduce the risk of severe injury. In the event of an accident, not wearing a helmet may affect your compensation claim if it can be proven that wearing one would have minimized your injuries. Insurance companies may argue that a helmet could have prevented certain injuries, thus potentially reducing the amount you are awarded.

What should I do immediately after a motorcycle accident?

Your first priority should be safety. Call 911 to report the accident and seek medical attention, even if you think your injuries are minor. Document the scene by taking pictures and gathering witness information. Exchange contact and insurance information with the other driver. It's also important to avoid making any statements that could be interpreted as admitting fault. After the accident, contacting a local attorney experienced in motorcycle accidents can help protect your rights, especially given New Mexico's comparative negligence laws.

How does New Mexico’s comparative negligence law affect my motorcycle accident claim?

New Mexico follows a "pure comparative negligence" rule, meaning that your compensation for damages in a motorcycle accident may be reduced based on the percentage of fault you are assigned. For example, if you are found to be 30% at fault for the accident, you can still recover 70% of the damages. This makes it imperative to gather solid evidence to minimize your percentage of fault. In Albuquerque, working with a lawyer familiar with local traffic laws and accident trends can strengthen your case.

Are motorcycle accidents more frequent in Albuquerque compared to other cities in New Mexico?

Albuquerque tends to have more motorcycle accidents than other cities in New Mexico, largely due to its population density and higher traffic volume. The city's urban layout, along with the presence of major highways and busy streets, increases the likelihood of crashes. Additionally, the combination of local traffic patterns, weather conditions, and road infrastructure in Albuquerque contributes to the higher accident rates, compared to smaller or rural areas in the state.

What types of compensation can I receive after a motorcycle accident?

After a motorcycle accident, victims may be entitled to various types of compensation. This includes medical expenses (both immediate and ongoing), lost wages, property damage, and pain and suffering. In some cases, punitive damages may also be awarded if the at-fault driver was grossly negligent, such as driving under the influence. An attorney can help calculate the full scope of damages to ensure you receive fair compensation.

How long do I have to file a motorcycle accident claim in New Mexico?

You generally have three years from the date of the accident to file a personal injury lawsuit. This time limit is referred to as the "statute of limitations." Failing to file within this window may result in losing your right to seek compensation. However, there may be exceptions or specific circumstances that alter the timeline, such as claims involving government entities. Consulting with a local attorney as soon as possible ensures you meet all necessary deadlines.

Are motorcycle accidents more frequent in Albuquerque compared to other cities in New Mexico?

Albuquerque tends to have more motorcycle accidents than other cities in New Mexico, largely due to its population density and higher traffic volume. The city's urban layout, along with the presence of major highways and busy streets, increases the likelihood of crashes. Additionally, the combination of local traffic patterns, weather conditions, and road infrastructure in Albuquerque contributes to the higher accident rates, compared to smaller or rural areas in the state.

Why Hire a Motorcycle Accident Attorney? 

If you’ve suffered a motorcycle crash, you’ll need attorneys with experience representing injured riders. Your team at Martinez, Hart, Sanchez & Romero has the experience to understand your injuries and help you overcome the challenges placed on your case. We are here to listen and ready to stand up for you.

Some of the many complications that can arise in motorcycle accident cases include: 

• Severe Injuries: Severe injuries are 10 times more likely with motorcycle crash than with car crashes. Serious injuries, such as head trauma or damage to the spinal cord, can be life-threatening and permanent. Severe injuries will require legal experts to prove your case and help you get back on the road. 
• Insurance Disputes: Calculating injury settlements is a complex matter, especially when insurance companies deny your claim or undervalue your injuries. This leads to complicated disputes between insurance companies and motorcycle accident victims, who often feel the insurance company is not fairly evaluating the crash. We have extensive experience working with insurance companies and understand insurance policies and negotiations. This often puts our clients in the best possible position to better the likelihood of a successful outcome.
• Varying Insurance Coverage: Coordinating your health insurance coverage and auto insurance coverages is important to a successful recovery. At Martinez, Hart, Sanchez & Romero, we understand the complex language typical in insurance policies and know how to help you maximize all of the available insurance coverage to pay for your medical expenses, pain and suffering, and property damages.
• Calculating Settlement Offers: Insurance companies often make low initial offers. Evaluating whether the offer is fair and reasonable for the injuries you suffered requires a skilled legal team. We are ready to listen to your case and help ensure that you are treated fairly.
• Litigation: Many motorcycle accident cases are settled outside of the courtroom. However, if there are disputes about fault or damages, the case will likely be taken to court. With professional legal assistance on your side, you can rest assured that your case will be presented effectively to the jury.

Martinez, Hart, Sanchez & Romero helps motorcyclists in Albuquerque and throughout New Mexico get back on the road. We’re passionate about assisting our clients so they can focus on their health and wellbeing instead of worrying about how they’ll pay their bills during this trying time.

We offer free initial consultations and contingency fees, meaning you do not owe any upfront costs when you hire our firm. Instead, we only collect legal fees and litigation-related expenses if we successfully recover a settlement or jury verdict on your behalf. 

Contact us today at (505) 806-1780 to learn how our team can help you get back on your feet after a motorcycle accident.