As a form of transportation, motorcycles can be both a fun and effective alternative to traditional passenger vehicles. Sadly, all too often other drivers completely overlook motorcyclists. When a negligent or reckless driver causes a collision, a Carlsbad motorcycle accident lawyer from Buckingham Barrera Vega Law Firm is standing by to help.
We understand the unique challenges associated with motorcycle accidents. Motorcyclists often suffer much more severe injuries compared to passengers in other vehicle types, making recovery an uphill battle. We know that all it takes is one motorcycle accident to change your life forever, but our personal injury lawyers are prepared to help you set things back on track as much as possible.
New Mexico Motorcycle Helmet Laws
Compared to many other states, New Mexico motorcycle helmet laws are relatively lax. Individuals under the age of 18 are required to wear a helmet when riding on or operating a:
- Motorcycle
- All-terrain vehicle (ATV)
Anyone over the age of 18 is not required to wear a helmet. However, the importance of wearing a motorcycle helmet is well-established, which is why the Carlsbad motorcycle accident lawyers from Buckingham Barrera Vega Law Firm encourage everyone who will be riding or operating a motorcycle to wear a helmet. If you are still unconvinced, consider the following:
- Helmets prevent 37% of deaths among motorcycle operators
- Helmets prevent 41% of deaths among motorcycle passengers
- Helmets are associated with a 69% reduction of head injuries
New Mexico Motorcycle Accident Statistics
Carlsbad Caverns National Park is among the most popular stops for motorcycle riders in New Mexico. This attraction brings motorcyclists from all over the state, traveling along US-285, US-62, and SR-54. Unfortunately, New Mexico is not the safest state for motorcycle riders. Let’s look at motorcycle crash data from 2020:
- Every 10 hours a motorcycle was involved in an accident
- There were 84 deaths for every 100,000 registered motorcycles (the national average is 67)
- 4% of all crash types and 12.6% of fatal crashes involved motorcycles
- 4% of motorcyclists involved in an accident were seriously injured or killed
Common Motorcycle Injuries
Motorcycle accidents almost always result in injury to the motorcyclist, ranging in severity from minor to traumatic. Our Carlsbad motorcycle accident attorneys have worked with clients who have suffered life-altering injuries despite wearing a helmet and other safety gear at the time of the collision. Here are some of the most common motorcycle accident injuries we see at our law firm:
- Amputations
- Broken or fractured limbs
- Broken ribs
- Dental injuries
- Facial disfigurement
- Internal bleeding
- Lacerations
- Organ damage
- Road rash
- Spinal cord damage
- Traumatic brain injuries (TBIs)
Recovery time for even just one of these injuries can be time consuming and financially devastating. Most victims are in no condition to address the emotional and financial side of their injuries, especially if they are suffering from multiple health conditions following their motorcycle accident.
Compensation secured through a motorcycle accident claim is often the most effective way to address your damages and fully support your recovery. At Buckingham Barrera Vega Law Firm, our Carlsbad motorcycle accident lawyers are prepared to calculate how much compensation you are rightfully owed for your injuries.
We take a unique approach by not only considering your current expenses and bills, but by also looking ahead to the future to calculate what you will need for ongoing medical care. In our efforts to ensure that all our clients receive the full compensation they deserve, we often work alongside health care professionals who are familiar with the unique needs of a motorcycle accident patient.
Common Causes of Motorcycle Accidents
Human error is the number one cause of motorcycle accidents, accounting for 86% of fatal and 62% of non-fatal motorcycle crashes in New Mexico. According to the New Mexico Department of Transportation (NMDOT), the following are some of the most prevalent types of human error that cause motorcycle crashes:
- Driver inattention
- Excessive speed
- Improper driving
- Driving too fast for conditions
- Driving under the influence of alcohol
- Following too closely
- Making improper turns
- Driving left of the center line
- Failure to yield right of way
- Improper lane change
- Failure to stop at a stop sign
- Failure to follow a traffic signal
- Cell phone use and other distractions
Should I File a Motorcycle Accident Claim?
If you were injured in a motorcycle accident due to the negligent, reckless, or wrongful actions of another person, it is in your best interests to file a motorcycle accident claim. Compensation secured through this type of lawsuit can be put toward:
- Lost income and paychecks
- Reduced working and earning capacity
- Medical bills, both current and future
- Modifications to your home or vehicle to accommodate a new disability
- Loss of enjoyment in life
- Loss of companionship or consortium
- Mental anguish
- Disfigurement
Securing the compensation you are owed is key to your recovery. Do not allow your right to file a motorcycle accident claim to lapse—you have only three years from the date of your accident to build and file a claim. A Carlsbad motorcycle accident lawyer will help you begin working on your case when you contact our law office to schedule your free consultation.
How Do I Prove That the Other Driver Caused the Accident?
In the majority of collisions involving a motorcycle and a larger motor vehicle, the driver of the other vehicle is at fault. It is not uncommon for drivers and their insurance companies to try to shift the blame back on to motorcyclists, though. Many drivers have an unfair bias against motorcycle drivers, viewing them as needlessly reckless, when in reality motorcyclists are often some of the safest people on the road.
You will need a strong claim built on facts to prove that the other driver was at fault. At Buckingham Barrera Vega Law Firm, our Carlsbad motorcycle accident lawyers work tirelessly to prove that our clients were injured because of another person’s negligence by:
- Reviewing police reports
- Collecting eyewitness statements
- Using security footage, dashcam footage, or cell phone footage of the accident
- Hiring accident reconstruction experts
- Rebutting the insurance company’s bullying tactics
What If I Was Partially at Fault?
You may still be able to recover compensation for your motorcycle accident injuries even if you were partially at fault for the collision. New Mexico follows a comparative negligence law, which reduces your recoverable compensation by your percentage of fault.
For example, a victim who was awarded $10,000 in damages for an accident for which they were 10% at fault would have their compensation reduced by 10%, leaving their final compensation at $9,000.
Why Work With a Motorcycle Accident Lawyer?
Compensation awarded in a motorcycle accident claim is paid by the other driver’s auto insurance company. Paying out your claim is in direct conflict with the insurance company’s main goal—to grow profits. As experienced motorcycle accident lawyers, we have seen every trick and tactic that insurers use to try to minimize how much they have to pay out.
We don’t let that happen to our clients. At Buckingham Barrera Vega Law Firm, we serve as tireless advocate to injury victims. We’ll deal with the insurance company and all negotiations while you focus on resting and getting better.
As experienced trial lawyers with proven case results, we also know how important it is to be prepared for court. Although most claims are settled outside of court with only a small percentage going to trial, you do not want to be caught unprepared should negotiations not end in a settlement in your case.
Motorcycle Accident Lawyers With Years of Experience Serving New Mexico
Life after a motorcycle accident is filled with challenges and hurdles. When you choose to work with Buckingham Barrera Vega Law Firm, you’ll be matched with a Carlsbad motorcycle accident lawyer who is prepared to help you meet these challenges head on.
Contact us today to schedule your free, no-obligation consultation with an experienced attorney.
