Motorcycle Accident Attorney Albuquerque
New Mexico has some amazing scenery. Taking a road trip on your motorcycle is one of the best ways to enjoy it. What started as a fun outing quickly can turn into a nightmare if you encounter a careless driver. Motorcycles are involved in roughly 3 percent of all crashes in New Mexico. Of the fatal accidents that happen each year, 14 percent of them involve motorcycles. These sobering statistics are just one reason why you need the best motorcycle accident attorney in Albuquerque. Scott Atkinson has more than 30 years of experience representing motorcycle enthusiasts who were injured or killed due to someone else’s carelessness. Reach out today to leverage his knowledge to ensure you receive fair compensation for your injuries.
What to do if you’ve been involved in a motorcycle accident in Albuquerque
As with all kinds of motor vehicle crashes, it is important to document any evidence that might be critical to support a personal injury lawsuit. When motorcycle accidents investigate. They will conduct on-site interviews of all parties involved in the crash, plus any witnesses to the accident. If fault is determined, that is included in the findings. Police reports are admissible evidence in personal injury cases. Your attorney can request a copy of the report for use in your case.
It also is important to document your injuries, so you will need to receive immediately medical treatment. On-the-scene evaluations by EMTs and other emergency responders are not considered adequate for documenting injuries. Request transportation to the nearest emergency room for a proper exam by a medical doctor who can determine the extent of your injuries and how they occurred.
Lastly, call an attorney. This is especially important if you have serious injuries. The sooner you get legal representation involved, the better your chances of protecting your rights.
Why do you need an Albuquerque motorcycle accident attorney?
Get your free case review today!
Victims of other people’s negligence do not need to be further victimized by a personal injury attorney in Albuquerque when they are seeking representation. At Atkinson Law Firm, we provide a free case review to all injured parties. If we do not think we can win your case, we will not waste your time (or money). Ask us how to get your free case review today.
Most common reasons for motorcycle accidents in Albuquerque
Motorcycle injuries are some of the most severe you can experience. One of the reasons for this is that motorcycles, unlike other motorists, are not strapped into a vehicle designed to shield them from impact. Motorcyclists often are thrown from their bikes, which can lead to serious injury and even death. Even when wearing a helmet, it is no guarantee it will offer much protection if they collide with a tree after ejection from their bike.
Some of the most common injuries in Albuquerque motorcycle accidents include:
- Traumatic brain injuries (TBI) happen in roughly 15 percent of motorcyclists wearing helmets, and 21 percent without helmets. More than half of the riders who did not survive their injuries died from TBI.
- Spinal cord injuries are caused by the impact of a collision. Sometimes spinal cord injuries cause permanent disabilities like paraplegia and quadriplegia.
- Fractures happen when motorcyclists are ejected from their bikes on impact. The injuries can occur from the impact itself, or from the rider striking the road or other obstacle after being thrown from the bike.
- Internal injuries are some of the most concerning because they do not always present symptoms right away. Blunt force trauma can cause internal bleeding and other damage to vital organs.
What compensation can you demand after an Albuquerque motorcycle accident?
How we can help you after a motorcycle accident in Albuquerque
Motorcycle injuries are some of the most severe you can experience. One of the reasons for this is that motorcycles, unlike other motorists, are not strapped into a vehicle designed to shield them from impact. Motorcyclists often are thrown from their bikes, which can lead to serious injury and even death. Even when wearing a helmet, it is no guarantee it will offer much protection if they collide with a tree after ejection from their bike.
Some of the most common injuries in Albuquerque motorcycle accidents include:
- Traumatic brain injuries (TBI) happen in roughly 15 percent of motorcyclists wearing helmets, and 21 percent without helmets. More than half of the riders who did not survive their injuries died from TBI.
- Spinal cord injuries are caused by the impact of a collision. Sometimes spinal cord injuries cause permanent disabilities like paraplegia and quadriplegia.
- Fractures happen when motorcyclists are ejected from their bikes on impact. The injuries can occur from the impact itself, or from the rider striking the road or other obstacle after being thrown from the bike.
- Internal injuries are some of the most concerning because they do not always present symptoms right away. Blunt force trauma can cause internal bleeding and other damage to vital organs.
FAQ
Personal injury is the legal term used to describe a physical, mental, or emotional injury to a person. To meet the legal definition, the injuries must be caused by the carelessness, negligence, or wrongful conduct of another person.
Wrong death involves civil litigation against an at-fault party when their negligence causes the death of someone else. It is usually the relatives of deceased persons who file wrongful death lawsuits to recover compensation for the wrongful death.
Yes. Individuals have 3 years from the date their injury occurred to file a personal injury lawsuit that seeks compensation or other damages from another individual. This statute of limitations is reduced to 2 years when filing against a government entity. When filing a wrongful death lawsuit, a victim’s family has 3 years from the date their loved one died from their injuries to take action.
You have the option of filing a compensation claim with your insurance company if the other driver is not insured. Your insurance company can then pursue legal action against the uninsured party to recover the costs. Also, if the other driver is driving a vehicle belonging to another person, the vehicle’s owner may have insurance coverage and could be liable for the accident even though they were not driving.
It depends. Some attorneys work on a contingency fee basis, meaning you only pay them a percentage of any damages awarded in your case. Others may require an upfront retainer. It is best to discuss fee structure with your attorney at your initial consultation.
Any attorney who says you have a case without fully reviewing all the factors and evidence is not a reputable personal injury attorney. Your attorney should provide an initial consultation to discuss the merits of your case before determining if it is wise to proceed with filing a lawsuit.
No. Attorneys are required to hold licenses to practice in each state they wish to represent. Our firm is licensed to represent clients in New Mexico only. If you require legal representation for another state, you can find options via the personal injury information center.
A police report is one of your best tools for proving liability in an automobile accident, which is why we recommend contacting the police any time you are involved in an accident. Sometimes the police are automatically called if there are injuries or if the accident prompts temporary closure of the roadway. During rear-end collisions and failure-to-yield during left-turn accidents, New Mexico law is clear cut on determining the at-fault party.
While you are not required to file a police report, we highly recommend it. When the police are called to the scene of an accident involving injuries, they must conduct a full investigation. Their findings are considered evidence if you file a personal injury lawsuit.
Any evidence presented in a personal injury lawsuit must indicate the other person was negligent, and that is what led to your injuries. To prove negligence, you must prove four points: duty, breach, causation, and damages/harm. Your attorney can review required evidence and other documentation for filing at your initial consultation.
Absolutely. Just like a police report is considered supporting evidence in your case, a doctor’s evaluation is just as critical to proving your claim. Your physician can verify your injuries, their cause, and provide an estimation of your recovery, including treatment costs.
It is possible to collect damages as part of a settlement or jury award in a personal injury lawsuit. Ideally, you want to settle out of court to avoid the hassle associated with a trial. Damages are eligible for disfigurement and disability, pain and suffering, medical bills, lost income, and emotional trauma.
It depends on the circumstances and complexity of your case. A best-case scenario is 3 months, but some cases have taken as long as 18 months or more to resolve.
Speak to expert New Mexico personal injury attorneys
Victims have up to 3 years to file a personal injury lawsuit against individuals and 2 years to file against government entities in New Mexico. Do not waste time building your case. If you have suffered at the hands of another, reach out to our offices today to schedule your free case review and initial case consultation. We promise to work hard to secure fair compensation for your injuries.