Every motorcycle rider assumes a greater risk of injury than a car owner. A vehicle could “tap” your bumper without incident. That same tap on the back of your motorcycle can send you sprawling on the asphalt. You also face serious risks when another driver makes a simple left turn in front of your bike.
Yes, you might assume there’s a risk to riding a motorcycle, but that doesn’t mean you should have to suffer an accident because of a reckless driver. When a motorcyclist gets involved in an accident, it can lead to serious injury and significant time out of work. That is when you want to get a skilled Albuquerque motorcycle accident attorney involved in your claim. Working with the right attorney can strengthen your claim and help you pursue the fair compensation you deserve.
The High Risk of Left-turn Intersections for Riders
This summer alone, motorcyclists were seriously injured in crashes with other vehicles at these Albuquerque intersections:
- Coors Boulevard and Fortuna Road NW
- Ladera Drive and 72nd Street
Nationwide, in 46% of the fatal crashes between a motorcycle and one other vehicle in 2023, the other vehicle was turning left while the motorcycle was going straight or passing, according to NHTSA. Here’s why left turns are especially dangerous for motorcyclists:
Crossing Oncoming Traffic
A driver making a left turn has to cross active lanes of oncoming traffic. A right turn, by contrast, merges with the flow. This puts the turning vehicle directly in the path of an approaching rider.
Size and Visual Blending
A motorcycle’s narrow profile often blends into the background clutter of traffic. It also gets hidden behind larger vehicles, trees, or construction scaffolding. A motorist might not see the bike coming until it is too late to react.
Looked but Didn’t See
Drivers who are paying attention to the road tend to scan for cars and trucks. Those are easy to recognize. A driver can look right at an oncoming motorcycle and still not register it. And because a motorcycle approaching head-on barely seems to grow in size, it can look like it’s standing still.
Speed and Distance Misjudgment
Because a motorcycle is small, motorists frequently misjudge how fast it is moving. They assume it is farther away than it actually is. That misjudgment can trigger a sudden collision.
Closing Speeds
When an oncoming car turns left in front of a rider, both vehicles are closing the distance rapidly. Those actions drastically shrink the reaction window, unlike a car pulling out in the same direction.
Lack of Physical Protection
Unlike drivers inside enclosed vehicles with crumple zones and airbags, motorcyclists absorb the full impact of a collision directly. They can either be tossed off the bike or go down with the bike on top of them. Either way, the rider takes a direct impact on a hard road.
Determining Liability in a Left-Turn Motorcycle Crash
In New Mexico, the driver making a left turn is usually at fault in a left-turn motorcycle crash. That is because traffic laws require turning vehicles to yield the right-of-way to oncoming traffic, including motorcycles.
In addition to identifying the left-turning driver as the primary at-fault party, you and your attorney can also establish that the driver misjudged how fast a motorcycle was approaching. There could also be a signal violation. Turning left on a solid green light without right-of-way, turning on a yellow light when oncoming traffic has the right-of-way, or failing to clear the intersection after a protected arrow turns red places fault squarely on the turning driver.
In order to prove those elements, your attorney can help you gather the following vital evidence:
- Police Reports and Citations
- Physical Evidence from the Scene
- Witness Statements
- Traffic Camera Footage
While the city of Albuquerque does not use red-light cameras, it does operate 38 speed cameras across the city. Those cameras capture speeding vehicles, so they help most if the other driver was speeding past one. Additional surveillance footage may also be available from security cameras at businesses or homes. It is vital to act quickly to secure that footage, as it may be overwritten. Your attorney can issue a letter to preserve the evidence from the owner of the cameras, including the city.
How Pure Comparative Negligence in New Mexico Impacts Your Claim
New Mexico follows a pure comparative negligence rule for personal injury claims. This means an injured motorcyclist can still recover compensation even if they are partially at fault for the crash. However, if you are found partially at fault, your total compensation is reduced by your exact percentage of fault. For example, if you are found 20% at fault for speeding, you can still recover 80% of your damages from the other driver.
Get Help from Barrera Law Group LLC After a Left-Turn Crash
While this rule is intended to protect victims of a crash who might be partially to blame, it also opens the door for insurance companies to push hard to shift some of that blame. That is why you want to fortify your claim with the support of Barrera Law Group LLC. We’re a team of dedicated and skilled attorneys who have helped many Albuquerque residents file motorcycle accident claims. We understand how insurance companies operate and work hard to counter their tactics to minimize compensation.
If you’ve been injured in a motorcycle accident that was caused by another driver’s negligence, we want to hear from you. Call our offices to set up a free consultation today. Don’t put off getting what you’re owed.