Las Cruces Motorcycle Accident Lawyers

Determining Liability After a Motorcycle Crash

Liability in most traffic accidents revolves around the concept of negligence. In simple terms, this means one party failed to exercise reasonable care, resulting in harm to another person. For motorcycle accidents, courts may look at the following factors to determine negligence:

• Disobeying traffic laws,
• Speeding and other reckless behavior,
• Distracted driving, and
• Failing to yield.

Keep in mind that you can still recover compensation even if you are partially liable for the crash. New Mexico follows a comparative negligence law, allowing you to recover damages as long as your share of liability is below 50%. However, courts will deduct your total award from your portion of the liability.

Common Motorcycle Accident Injuries

Victims of motorcycle accidents often suffer severe physical and mental harm. We can help you get justice for any of the following injuries:

• Road rash. You may experience abrasions and lacerations that may need extensive treatment and care.
• Fractures and broken bones. The impact of a motorcycle accident can cause fractures or breaks in bones, which may require surgery and rehabilitation.
• Head injuries. Traumatic brain injuries and concussions are common among motorcycle accident victims, even with helmet use. These injuries can have long-term consequences, affecting cognitive functions and overall quality of life.
• Spinal cord injuries. The force of impact in a motorcycle accident can damage the spinal cord, leading to paralysis, loss of sensation, or mobility limitations.
• Soft tissue injuries. Sudden impact or twisting motions during a motorcycle accident can damage muscles, ligaments, and tendons. As a result, you may suffer from strains, sprains, or tears that need physical therapy for recovery.
• Internal injuries. Blunt force trauma from a motorcycle accident can cause organ damage, internal bleeding, or abdominal injuries.
• Burn injuries. Contact with hot surfaces or friction during a motorcycle accident can lead to severe burns. Victims often need extensive treatment, including skin grafts.
• Emotional trauma. Motorcycle accidents can also result in psychological trauma, including post-traumatic stress disorder, anxiety, and depression.

Tawney, Acosta & Chaparro P.C. can help you seek compensation for your injuries. Call our office today to learn about possible legal options.

What to Do After a Motorcycle Accident

Your first steps after a crash play a significant role in your claim’s success. Follow these steps to protect your rights and build a strong case.

Ensure Safety First

You must prioritize your safety and the well-being of others involved. Move your bike to a safe location away from the road. Turn on hazard lights to prevent other drivers from hitting your motorcycle. Check yourself and others for injuries, and contact emergency services if anyone feels unwell.

Report the Accident

New Mexico law requires you to report the crash to the police if it causes over $500 in property damage or physical injuries. Provide accurate information about the location of the accident, the number of people involved, and any injuries. Once law enforcement arrives, they will investigate the crash and prepare a formal report of their findings.

Document the Scene

Gather evidence by taking photographs of the accident scene, including vehicle positions, damage, road conditions, and any visible injuries. Ask for contact information from any witnesses, as their testimony can support your claim.

Exchange Information

Get the names and contact information of all drivers involved in the accident. Write down or photograph their driver’s license details, license plate numbers, and insurance carrier.

However, don’t apologize or be overly sympathetic when speaking with the other driver. The other side can use anything you say against you, preventing you from getting fair compensation.

What a Las Cruces Motorcycle Accident Attorney Can Do for You

Getting justice after a crash can take time and energy. Let Tawney, Acosta & Chaparro P.C. handle this process so you can focus on your health and recovery.

Free Case Assessment

We understand that finances might be a concern after an accident. That’s why we offer a free consultation to discuss your case and determine the best course of action. We’ll listen to your story, review the details of the accident, and answer any questions you may have. There’s no obligation to hire us, and we’ll make sure you have a clear understanding of your legal options.

Collect Evidence

Building a solid case requires a thorough investigation. Our legal team will meticulously gather evidence to support your claim. This may include police reports, accident scene photos, medical records, and witness testimonies.

Establish Liability

Determining who is at fault for the accident is crucial in securing compensation. We’ll analyze all the evidence to identify who is at fault for the crash. This could be another driver, a pedestrian, a motorcycle manufacturer, and many other parties.

Manage the Legal Process

Dealing with insurance companies and navigating complex legal procedures can be overwhelming. Our firm will file the proper legal documents to begin your claim. After that, we’ll handle all communication with the insurance company on your behalf. We will be by your side until the end, keeping you informed and involved in the decisions.

Reach a Fair Settlement

Our goal is to secure the maximum compensation you deserve for your losses. We’ll negotiate aggressively with the insurance company to obtain a fair settlement. If the insurer doesn’t offer what you need, we can take your case to court to fight for your rights.

Frequently Asked Questions

It’s natural to feel confused after a crash. Read over these answers to common questions we receive from clients. For anything else, our firm is here to answer all of your questions.

What Types Of Damages Can I Recover In A Motorcycle Accident Claim?

You can file a claim to compensate for the physical, emotional, and financial impact of the accident. These damages include, but are not limited to, the following:

• Medical expenses,
• Lost wages,
• Property damage,
• Pain and suffering,
• Loss of enjoyment of life,
• Disability or disfigurement, and
• Loss of consortium.

Our motorcycle accident attorneys can assess the full extent of your damages and ensure you seek fair compensation.

How Long Do I Have to File a Motorcycle Accident Claim in Las Cruces?

In New Mexico, the statute of limitations for filing a motorcycle accident claim is generally three years from the accident date. If you fail to file a lawsuit within this period, you may be barred from pursuing compensation for your injuries and damages. However, there are some exceptions, so it’s best to work with an attorney to make sure you file your claim on time.

Should I Accept the Insurance Company’s Settlement?

Insurance companies often offer lowball settlements. While these offers may seem appealing, don’t feel pressured to accept the first offer. You should meet with a lawyer to ensure the settlement reflects the full extent of your damages.

Speak with a Las Cruces Motorcycle Accident Lawyer

With over 40 years of combined personal injury experience, Tawney, Acosta & Chaparro P.C. understands the unique challenges riders face. Our Las Cruces motorcycle accident lawyers are here to answer your questions, fight for your rights, and ensure you receive fair compensation for your injuries.

Contact us today for a free consultation.