Motorcycle Accident Lawyers in Las Cruces, New Mexico

Causes of Accidents

As a smaller vehicle on the road, motorcyclists are often less visible to cars. In New Mexico, on average, a motorcycle was involved in a crash every eight hours in 2018. These crashes resulted in injury or death 78.4% of the time.  While there are several factors that contribute to a crash, drivers can make several mistakes that seriously injure motorcyclists. These include:

Speeding

When drivers speed, they have less time to react.  This means that they will hit motorcyclists at a higher impact and cause more severe injuries.

Impaired Driving

Drivers under the influence of alcohol or drugs are more likely to kill a motorcycle rider. Impaired driving may result in weaving across lanes, quickly accelerating or decelerating, swerving, tailgating, or driving without headlights at night.

Distracted Driving

It only takes a few seconds for drivers to respond to a text on their phone, but those few seconds can be fatal for motorcyclists. If a driver’s eyes are on a phone, then they’re not focused on the road or the motorcyclist around them.

Read More: Distracted Driving Accident Attorneys

Improper Lane Change

When drivers fail to check their blind spots or fail to signal they are changing lanes, this can have serious consequences for motorcyclists, who will have little time or space to avoid an oncoming car.

Common Injuries

A motorcycle accident can result in a variety of injuries for a rider. While some injuries may be temporary, others may cause a permanent disability. Some of the most common injuries that motorcyclists face include:

Head

Motorcyclists should always wear a helmet to prevent head injuries, but in a severe crash, this may not be enough to prevent traumatic brain injuries. Depending on the severity of the accident, a brain injury may require extensive hospitalization, surgery, and rehabilitation. Even with these measures, a severe head injury may result in a lifelong disability.

Chest Injuries

Chest injuries can include broken ribs or punctured lungs, which make it difficult and painful to breathe.  Other internal organs may also be damaged and cause internal bleeding.

Spine

A damaged or broken spine can have severe effects, including lifelong paralysis and the use of a wheelchair.  The continued expense of specialists, loss of income, and pain and suffering that goes along with a spinal cord injury can be lifelong.

Broken Limbs

A broken bone may require x-rays, surgeries, and casts.  Injured motorcyclists most frequently break their leg, which can also mean you need to stay off of your feet and take time off of work.

Road Rash

There are varying degrees of severity of road rash, but it occurs when the skin meets the road and is scraped and cut up.  Depending on how deep the scrapes are, nerves and tissue can be damaged and require skin graft surgery, all of which can put motorcyclists at an increased risk for infections.

What to Do After a Motorcycle Accident

After leaving the scene of the accident, you may still feel shaken and overwhelmed about what to do next. The below steps outline what you should in the days and weeks following your accident.

Monitor Your Health

If you do not receive medical treatment at the scene of the accident, visit your doctor as soon as possible to determine if you need medical treatment.  After you leave the hospital or doctor’s office, be sure to watch for any additional signs or symptoms that occur in the days following the accident.  Don’t ignore any signs or symptoms because you can experience the effects of an accident several days after it happens

Document Your Damage

Right after an accident, is it easy to feel overwhelmed.  You may have been too injured or shaken to take photos of the damage at the scene of an accident.  As soon as possible, be sure to take photos of the damage to your motorcycle and any injuries you sustained in the accident.

Obtain the Police Report

If a police officer responded to your accident, he or she will have filled out an accident report.  If you were not given a copy at the scene of the accident, call the police department to ask for a copy of the accident report or how to access this report once it becomes available.

Notify Your Insurance Company

After you’ve been in a motorcycle accident, your insurance company needs to be notified.  In minor cases without any injuries, you can call your insurance company and notify them yourself.  However, if any party is injured, it is best to call an experienced motorcycle injury attorney first for a few reasons.

You May Not Be Prepared

After a motorcycle accident, you may still be upset, confused, and traumatized. When an insurance agent speaks with you, they may ask to record the call, hoping to find evidence that an accident was your fault. These recordings can be used in court and hurt your case or chances of recovering money from the other party. It is always best to have an attorney speak on your behalf when dealing with insurance companies.

You May Not Know the Extent of Your Injuries

The effects of a motorcycle accident can be long-lasting and may not appear right away.  What may have first seemed like a minor headache can turn into chronic migraines.  The ongoing medical treatment that serious injuries like brain and spinal cord trauma can also be unpredictable and expensive.  You won’t know what the future holds immediately after your accident.

You May Be Pressured to Settle

Insurance companies want to pay you as little as possible.  They may offer you a settlement, or an amount of money that they’ve evaluated the damage to be.  However, this may not be the actual value of your case and may be insufficient to cover your expenses, especially with a serious and ongoing injury.

Document Your Expenses

A motorcycle accident can be expensive.  Hospital costs, missed work, and bike repairs can quickly add up.  But you shouldn’t have to pay if the accident is not your fault.  It’s important that you keep track of all receipts and paperwork related to your accident.  This could include:

• Hospital and doctor bills
• Insurance coverage and payments
• Physical therapy
• Chiropractor bills
• Dental bills
• Documented time taken off from work due to any injuries
• Receipts for the repair or replacement of your motorcycle
• Receipts for a rental motorcycle while yours is being repaired

FAQs

What if I Am Partially Responsible for Causing the Accident?

Even if you believe you may be partially at fault for causing the accident, you may still be entitled to recover money.  In New Mexico, fault can be divided between the parties.  For example, if you were found to be 30% and the other driver was 70% responsible for the accident, you could still recover some money, but it would be reduced proportionately.  Determining fault can be complicated, but an experienced motorcycle accident attorney may help navigate the process for you.

How Much Time Do I Have to File a Lawsuit?

If you were injured in a motorcycle accident and want to file a lawsuit against the other party, you need to be aware of the time limits, or statutes of limitations, that are in place.  In New Mexico, you have three years from the date of your accident to file a claim for your injuries. It is best to contact a lawyer as soon as possible to make sure you get the money you deserve.

Contact a Lawyer Who Handles Motorcycle Accident Cases

At Zinda Law Group, our Las Cruces attorneys have helped many crash victims get the compensation they deserved after suffering an injury. We have the knowledge and resources to help put you back on the road to physical, emotional, and financial recovery.  We fight for our clients’ right to compensation for hospital bills, future medical costs, motorcycle damage, lost income, pain and suffering, and much more.

We believe a motorcycle accident victim should never have to worry about being able to afford legal representation.  That is why we offer free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.

If you have been injured in a motorcycle accident, call Zinda Law Group at (800) 863-5312 to receive your free consultation with one of our experienced motorcycle accident lawyers in Las Cruces.

Meetings with attorneys by appointment only.