Santa Fe Motorcycle Accident Attorney

If you own a motorcycle in Santa Fe, chances are you’ve taken a ride around the Turquoise Trail, the High Road to Taos or the Santa Fe National Forest Scenic Byway. These are just a few of the many scenic roadways in and around Santa Fe that make owning a motorcycle worthwhile. It’s an exhilarating feeling for a rider to be out on the open road.

Unfortunately, those feelings can flip from elation to devastation when a motorcycle rider encounters a reckless driver who causes a catastrophic accident.

It is hard to imagine any motorcycle rider who hasn’t experienced at least one spill on their bike. When it is the rider’s fault, they will own up to what they did wrong and make the appropriate adjustments on the next ride. When that spill is the fault of a negligent driver, that driver needs to be held accountable. That is when the services of an experienced Santa Fe motorcycle accident attorney will prove to be invaluable.

Barrera Law Group, LLC has helped many motorcyclists who’ve been injured by negligent drivers. We can help with filing the initial claim through a civil lawsuit, if needed. We bring our decades of combined experience as dedicated personal injury attorneys to every new client.

If you’ve been the victim of a serious motorcycle accident, you owe it to yourself and your family to consider all your options for seeking fair compensation. 

Navigating the Complexities of Santa Fe Motorcycle Claims

If you’ve been the victim of a motorcycle accident, it might seem straightforward: A reckless driver rolled into a lane, causing you to swerve and crash, or they weren’t paying attention and rear-ended you. You file a claim, fully expecting to be compensated for your losses.

Unfortunately, when an insurance company gets involved, it will do whatever it can to minimize its exposure.

As you begin the claim-filing process, you might encounter some of the following complexities.

Pure Comparative Fault

Under the state’s pure comparative negligence system, New Mexico allows you to recover damages even if you are 99% responsible for the crash. What will be impacted is your final financial recovery. That will be reduced by your exact percentage of assigned blame.

That can be a blessing and a curse for your compensation. Because of this law, insurance companies devote all their efforts to shifting the blame from their policyholder to the person filing the claim. That is why you need to fortify your claim with strong evidence.

Statute of Limitations

The amount of time you have to file a personal injury lawsuit is not unlimited. New Mexico’s statute of limitations is three years from the date of the accident.

Although that might seem like a long time, it can go by fast when you consider that you first have to go through a full investigation and the insurance claims process. That time can go by fast, which is why you want to speak with a qualified attorney as soon as possible.

Anti-Rider Bias

Insurance adjusters frequently assume that motorcyclists are naturally reckless, speed, or lane-split dangerously. Overcoming this stereotype can be challenging and requires undeniable factual proof.

Severe Injury Evaluation

A motorcycle accident can leave the rider with severe road rash, traumatic brain injuries, and fractures that require long-term medical care. If you accept an early settlement offer from the insurance company before knowing the total recovery costs, it could mean you’ll be forced to pay out of pocket for future expenses.

Determining Multi-Party Fault

Motorcycle accidents can become complex when they occur at busy Santa Fe intersections, where multiple vehicles may be involved. If the accident was caused by a reckless truck driver, other entities may be accountable, such as the trucking company or cargo loaders.   

Common Causes of Motorcycle Accidents in Northern New Mexico

A motorcyclist can get into an accident while driving along certain Northern New Mexico highways, such as NM-502 in Los Alamos.

These roadways are considered high-risk environments that are characterized by steep grades, sharp curves, and high-speed commuter traffic. A rider can also encounter sand, winter runoff gravel, potholes, and uneven pavement surfaces that can easily destabilize the motorcycle, leading to a loss of control.

Additionally, getting caught in severe weather conditions like intense high winds or rain can compromise a rider’s stability.

Those are the conditions that might lead to a rider getting into an accident and having to accept blame. However, when another driver causes the accident, it can be for one of the following reasons:

• Failure to Yield: Drivers frequently make dangerous left-hand turns at intersections directly into a motorcyclist’s path because they misjudge the bike’s oncoming speed.
• Driver Inattention: If a driver is using their phone, eating, drinking, or adjusting navigation systems, it can cause them to shift their attention off the road, leading to an accident.
• Blind Spot Collisions: Drivers often fail to perform thorough shoulder checks before making unsafe lane changes.
• Following Too Closely: If a car tailgate and can’t stop in time when a motorcyclist quickly adjusts position to avoid a road hazard, it can result in rear-end impacts.
• Impaired Riding: A driver who gets behind the wheel of their car while under the influence of drugs or alcohol will severely limit their situational awareness and reaction times. If that driver is issued a DUI citation, it can be a clear indication of liability.
• Excessive Speed: The moment a driver exceeds the speed limit is the moment they lose control of their vehicle. That can spell disaster for any motorcycle they might encounter.

No matter what the cause of your accident, you need to find the evidence to support what happened. 

Recoverable Damages for Injured Riders in Santa Fe

If you’re deemed eligible to take legal action, you can expect your lawyer to prepare a demand letter to send to the party responsible for causing the crash.

They’ll typically calculate all your expenses and take into account the losses you sustained in your motorbike accident in Santa Fe when determining the amount to request on your behalf.

Those economic losses that we request compensation for include:

• Medical bills, including ones associated with your emergency room visit, surgery costs, a hospital stay, follow-up doctors’ visits, physical therapy, and prescription drug costs
• Missed pay, including income you’ve already lost and any lost wages you’re expected to have in the future
• Funeral and burial or cremation costs

We also request compensation for non-economic losses, like:

• Pain and suffering
• Loss of enjoyment of life
• Mental anguish
• Scarring and disfigurement
• Loss of companionship or consortium 

Frequently Asked Questions About Motorcycle Accidents

If you are involved in a motorcycle accident caused by another driver, your immediate focus is on getting medical attention and repairs for your bike. As the bills start to pile up, your focus will shift towards how to get reimbursed. That is when you need an answer to your questions.

Barrera Law Group LLC can provide those answers, starting with the following FAQs: 

How long do I have to file a motorcycle accident claim in Santa Fe?

In New Mexico, the statute of limitations for personal injury claims, including motorcycle accidents, is generally three years from the date of the crash. However, if the claim involves a government entity or specific circumstances, notice requirements may be much shorter.

It is critical to consult a lawyer immediately to ensure all filing deadlines are met. 

Can I recover compensation if I wasn’t wearing a helmet?

Yes, you can still recover compensation in New Mexico even if you were not wearing a helmet, as long as you are 18 or older. While insurance companies may attempt to use the lack of a helmet to reduce your payout through comparative negligence, it does not bar you from seeking damages for injuries caused by another driver’s negligence. 

What if the other driver’s insurance company calls me?

You are not obligated to provide a recorded statement to the other driver’s insurance adjuster. These statements are often used to undermine your claim later. The safest course of action is to direct all communications from insurance representatives to your attorney to protect your legal interests. 

How Our Santa Fe Motorcycle Accident Lawyer Proves Liability and Negligence

When another driver causes you to get into an accident on your motorcycle, you would be understandably frustrated at the major disruption to your life. Because of that reckless behavior, you now have to deal with seeking medical care, missing work, and dealing with repairs to your motorcycle.

Someone has to pay for all of that, and it shouldn’t be you.

Enter the Barrera Law Group LLC. We are a team of experienced Santa Fe motorcycle accident lawyers who have helped many riders get the compensation they are due.

We help our clients prove the other driver’s liability and negligence by conducting a comprehensive investigation. To establish fault, we need to gather and analyze key evidence supporting your claim. That evidence includes the following:

• Traffic camera footage
• Cell phone records
• Police reports
• Driver DMV history
• Medical documents
• Eyewitness testimonies
• Proof of employment

After collecting the evidence, we might enlist the services of an accident reconstructionist to recreate the crash using video and illustrations that clearly prove the other driver breached their duty of care.

Because New Mexico follows the rule of pure comparative negligence, insurance companies often try to assign a percentage of fault to the motorcyclist to reduce their payout. We will be prepared for that and have the skills to defend against any challenges. We don’t accept a new client unless we’re confident we can prevail with a positive outcome.

If you’ve been injured in a motorcycle accident caused by another driver, we want to hear from you.

Reach out to our office to set up a free consultation today. Let’s find out how we can help.