How Is Fault Determined in a New Mexico Motorcycle Accident?

Posted by Legal Team | 10/30/22 | Motorcycle Accident

New Mexico’s dry weather and stunning scenery make it a popular region for motorcycle enthusiasts to explore the open roads. Many riders also use motorcycles in New Mexico for daily transportation. Unfortunately, the same open design of a motorcycle that provides a sense of freedom and escape also leaves motorcyclists vulnerable to serious injuries in the event of an accident. Unlike no-fault accident states, New Mexico’s at-fault accident law means it matters to your future physical and financial recovery if someone else’s negligence or recklessness caused your motorcycle accident.

The first step toward gaining compensation for your injuries and the financial toll an accident takes on your life is understanding how New Mexico determines fault in a motorcycle accident.

How Does an At-Fault State Work for Motorcycle Accident Claims?

Recent data reveals that while motorcycles are involved in only 2.3% of traffic accidents in New Mexico, they make up 14.2% of accident fatalities. While it’s true that some bikers take unnecessary risks and these can end in disasters of their own making, all too often motorcycle accidents occur because other drivers are careless or don’t recognize the inherent dangers of not treating motorcycles on the road with the same caution and respect they hold for other motor vehicles. All drivers owe a duty of care to others on the road, including motorcycle riders. When a driver breaches that duty and the result is an accident, they are at fault for your injuries. In order to determine fault for an accident claim when seeking a settlement from an insurance company or a court award there are specific elements your side must prove, including the following points:

  • The driver owed a legal duty of care toward others on the road including motorcyclists
  • That the driver breached that duty in some way, for example, by not looking when changing lanes, texting while driving, or not following traffic laws
  • That the breach of duty directly caused the accident with the motorcycle to occur
  • That the accident caused the injury or injuries
  • That the injury caused physical and economic losses to the injury victim and their family

A skilled motorcycle accident attorney in New Mexico with experience in motorcycle accident liability can help to clearly prove the above points to maximize your chances for full compensation in a motorcycle accident caused by another’s negligence.

What Compensation Can I Receive After a Motorcycle Accident?

If another driver caused your motorcycle crash and you were harmed in the accident you are entitled to compensation according to New Mexico’s at-fault accident law. While monetary compensation can’t undo the accident, it can help to facilitate your physical and financial recovery so you can move forward. Your compensation after a motorcycle accident could include the following:

  • Medical expenses and future medical expenses for treatments and care
  • Lost wages and future lost earnings
  • Cost of property damage to your motorcycle
  • Pain and suffering
  • Wrongful death in cases where a loved one left behind makes a claim for a deceased accident victim

New Mexico’s 25/50/10 insurance rule requires motorists to carry at least $25,000 in bodily insurance per person, $50,000 in bodily injury per accident, and $10,000 in insurance for property damage. A skilled New Mexico personal injury attorney can maximize your chances for full compensation after an accident.