Injured in a New Mexico Motorcycle Crash? Call Now
If you were hurt in a New Mexico motorcycle crash, quick action can protect your health, your rights, and your ability to seek compensation. Learn what to do after a wreck, common causes, how fault works in New Mexico, what compensation may cover, and how a lawyer can help.
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First Steps After a Motorcycle Crash
Your safety comes first. Move to a safe location if you can and call 911 to report the crash and request medical help. Accept medical evaluation even if you feel okay; adrenaline can mask serious injuries.
If it is safe, gather information: driver and insurance details, license plates, and contact information for witnesses. Take photos or video of vehicles, skid marks, debris, road conditions, weather, and your injuries. Avoid discussing fault at the scene and keep your statements factual when speaking with police. Promptly notify your insurance company, and consider speaking with a motorcycle injury attorney before giving recorded statements to any insurer.
Common Causes of New Mexico Motorcycle Crashes
Serious motorcycle collisions often involve driver inattention or unsafe maneuvers by others on the road. Frequent factors include left-turn violations at intersections, unsafe lane changes, following too closely, failure to yield, impaired or distracted driving, speeding, and hazardous road conditions such as gravel, sand, or potholes. Equipment failures and inadequate visibility can also contribute.
How Fault Works in New Mexico (Comparative Negligence)
New Mexico law compares each party’s fault and reduces any damages award in proportion to the injured person’s share of responsibility. This approach does not automatically bar a claim solely because a motorcyclist shared some degree of fault. See NMSA 1978, Section 41-3A-1 (Comparative fault).
Evidence such as police reports, scene photos, vehicle data, eyewitness statements, and expert analysis can influence how fault is apportioned. Helmet use, lane positioning, speed, and compliance with traffic laws can all be raised by insurers when disputing claims.
Insurance Basics: Liability, Med Pay, and Uninsured/Underinsured Motorist
After a crash, claims may involve the at-fault driver’s liability coverage and your own coverages. Medical payments (Med Pay) can help with medical bills regardless of fault, up to your policy limits. Uninsured/underinsured motorist (UM/UIM) coverage can be critical if the at-fault driver lacks sufficient insurance. Review your policy and consider having an attorney evaluate all available coverage, including potential claims against third parties such as vehicle owners or entities responsible for road maintenance.
Quick Tips to Protect Your Claim
- Seek prompt medical care and follow treatment plans.
- Do not repair or dispose of your motorcycle or gear until they are documented.
- Keep a pain and recovery journal with dates, symptoms, and missed activities.
- Avoid social media posts about the crash, injuries, or rides.
- Speak with a lawyer before giving any recorded statement to an insurer.
Potential Compensation
Recoverable damages may include medical expenses (past and future), lost income and diminished earning capacity, motorcycle and gear replacement or repair, out-of-pocket costs, and non-economic damages such as pain, suffering, loss of enjoyment of life, and disfigurement. In crashes involving particularly wrongful conduct, additional damages may be available under New Mexico law.
Deadlines and Why Acting Quickly Matters
Legal time limits apply to injury and property damage claims, and different deadlines may apply if a government entity is involved. Some insurance policies also require prompt notice, medical evaluation within specified timeframes, or cooperation with investigations. Because these limits can vary based on the facts and who is involved, speak with a lawyer as soon as possible to avoid missing important deadlines.
Dealing With Insurers
Insurers may seek recorded statements or quick settlements. Be cautious: early offers often do not account for future medical needs or the full scope of losses. Provide only necessary factual information until you have legal guidance. Keep copies of medical records, bills, repair estimates, pay stubs, and correspondence. Do not post about the crash on social media while your claim is pending.
How a New Mexico Motorcycle Injury Lawyer Can Help
Your attorney can investigate the crash, secure evidence, work with reconstruction and medical experts, calculate damages, and negotiate with insurers. If settlement is not fair, your lawyer can file suit and pursue your case in court. Many firms handle motorcycle cases on a contingency fee basis, meaning you pay no attorney’s fee unless there is a recovery.
What to Bring to Your Free Consultation
- Police crash report number
- Photos and videos
- Contact information for witnesses
- Your insurance declarations page
- Correspondence from insurers
- Medical records and bills; a list of healthcare providers
- Documentation of time missed from work
- Receipts for towing, gear, or rental vehicles
FAQ
Do I have a case if I was not wearing a helmet?
Possibly. New Mexico’s comparative fault rules can reduce damages based on each party’s responsibility, but not wearing a helmet does not automatically bar recovery. The effect depends on the injuries and evidence.
Should I talk to the other driver’s insurer?
Provide only basic facts needed to open a claim and decline recorded statements until you speak with an attorney.
How long do I have to file a lawsuit in New Mexico?
Deadlines vary by claim type and parties involved. Consult a New Mexico attorney promptly to determine the specific statute of limitations and any notice requirements.
What if the at-fault driver has little or no insurance?
Your UM/UIM coverage may apply. An attorney can evaluate all potential insurance and third-party sources of recovery.
Ready to Talk? Call Now
You do not have to navigate the aftermath of a motorcycle crash alone. A focused legal team can help protect your rights, manage insurers, and pursue full compensation while you focus on healing. Request your free, no-obligation case review.