You're recovering from your injuries after a motorcycle accident in New Mexico. The medical bills are piling up, and you don't know when you'll be able to get back to work. Then the insurance adjuster calls with devastating news: They claim you were speeding at the time of the crash and will use that allegation to deny or limit your claim.
At Keller & Keller, our experienced New Mexico motorcycle accident attorneys know which tactics insurance companies use to avoid paying fair settlements. We’re prepared to fight back and protect your rights. Here’s what to do if you've been wrongly accused of speeding before your motorcycle crash.
Why Speeding Allegations Matter in Motorcycle Accident Claims
Insurance adjusters often try to shift blame onto motorcyclists, knowing that jurors tend to see bikers as reckless thrill-seekers. Speeding accusations fit neatly into this false stereotype. Here's why it matters:
- Comparative negligence. Under New Mexico law, your monetary recovery can be reduced by your percentage of fault. For example, if you're found 20 percent to blame, you'll only get 80 percent of your damages. Insurance companies know this, so they look for any way to pin some responsibility on you.
- Credibility concerns. Speeding allegations make you look like an unreliable witness. The insurance company wants to paint a picture of you as an irresponsible biker who caused your injuries. They'll have powerful leverage in settlement negotiations if they can make that story stick.
- Increased injury risk. Even if another driver caused the crash, the insurance company may argue that your speed increased the severity of the impact and your injuries. They'll use this to justify lowball offers that don't cover your full medical expenses and losses.
Evidence to Fight Speeding Allegations
You'll need strong evidence supporting your story to defeat unfair speeding accusations. Here are some key pieces of evidence our motorcycle accident attorneys can gather:
- Accident reconstruction. We’ll bring in experts who use physical evidence, such as skid marks and vehicle damage, to scientifically determine motorcycle speed at impact. Their conclusions carry substantial weight with insurance companies and juries.
- Witness statements. Unbiased eyewitness accounts provide compelling evidence. We’ll interview witnesses to testify that you were riding responsibly and obeying traffic laws before the crash.
- Video footage. Surveillance cameras, dashcams, and bystander cellphone videos often capture vital details about motorcycle speed and driver behavior. We’ll act fast to preserve this evidence before it's deleted.
- Vehicle data. Many newer motorcycles have sophisticated GPS units and "black box" data recorders that can conclusively show you weren't speeding. We’ll demand access to this data through the legal discovery process.
- Medical records. Prompt medical care documents the timing and severity of your injuries. We’ll use your records to show the insurance company that your injuries were caused by their insured's negligence, not excessive motorcycle speed.
Challenging the Officer's Opinion on Motorcycle Speed
Police don't always get it right. If the accident report includes a police officer's opinion that you were speeding, we'll dig deeper. Here are some ways we challenge those opinions:
- Calculation errors. Officers sometimes make basic math mistakes when estimating motorcycle speed from physical evidence like skid marks. We’ll double-check their calculations and retain experts to identify mistakes.
- Outdated formulas. Police may use overly simplistic speed estimation formulas that don't account for factors like motorcycle-specific braking capabilities. We’ll insist on using the most current, motorcycle-appropriate formulas accepted in the scientific community.
- Conflicting witness statements. What the officer wrote in the report may not match what witnesses said. We’ll get recorded statements to identify and resolve contradictions about motorcycle speed.
- Incorrect assumptions. The officer may have assumed you were speeding because of factors like your age or the type of motorcycle you were riding. We'll highlight the lack of direct evidence supporting their opinion. Mere assumptions aren't enough.
- Inconsistent physical evidence. Road conditions, mechanical issues, helmet damage, and other physical evidence may disprove claims that you were speeding. We'll highlight the evidence the officer missed to undermine their conclusions.
Don't Let the Insurance Company Use Speeding Allegations to Defeat Your Claim
Insurance companies know most motorcyclists can't effectively challenge speeding accusations alone. They're counting on you getting frustrated and giving up. That's why you need an experienced New Mexico motorcycle accident law firm on your side.
At Keller & Keller, we have the resources and knowledge to gather the proper evidence, hire the best experts, and build winning strategies to combat unfair speeding allegations. We know motorcyclists face unique challenges when pursuing accident claims, and we're here to level the playing field. Don't let the insurance company have the last word if you are blamed for speeding in your New Mexico motorcycle crash. Our Albuquerque motorcycle accident attorneys will listen to your story, explain your options, and fight for every dollar you deserve.
