How Is Fault Determined in a Motorcycle Crash?

Motorcycle on a Busy Road in New MexicoAs a biker, you love New Mexico’s sunshine and open roads, but you also face many challenges as you try to enjoy the ride safely. Speeding cars, inattentive truckers, and busy intersections are the bane of your existence. And to make matters even worse, when a crash does happen, the first person who is often targeted for blame is you—the motorcycle rider. How can you ensure that justice is done after you are injured in a crash that was not your fault? Start by talking to a biker-friendly Albuquerque personal injury attorney team.

Keller & Keller Fights for Bikers

With over 80 years of practicing personal injury law across three states, including New Mexico, we have proven experience behind every case we take. We have attorneys on staff who are riders themselves, and we understand the unique challenges injured bikers face when they try to hold negligent drivers responsible. The first thing we do when a seriously injured motorcycle rider—or their spouse or parent—contacts us is get to work proving that they were not at fault in the crash. How do we do this? By questioning everything.

Biker Bias Is a Real Problem in New Mexico

When a motorcycle rider is involved in a collision with a car or truck, it is very likely that emergency medical care will be needed at the scene. That means that the police will also respond and begin their investigation into the cause of the crash. Their goal is to ticket or arrest drivers who break the law, but their findings will also be vital to the outcome of a civil claim for damages. Unfortunately, there is often a presumption made that the biker must have done something wrong to at least contribute to the crash. As lawyers representing the injured biker, we will do everything to combat biker bias and ensure justice.

How We Will Prove Who Was Really at Fault

If you blew through a stop sign, sped down a city street, or pulled out in front of a car and were hit, the crash was likely your own fault, and you would not have a claim for damages. However, if the opposite is true and you were obeying traffic laws when a negligent driver hit you, we will help you prove it by:

  • Questioning the police report. If there was a rush to judgment in the police report and you were assigned part of the blame, we will ask for proof from the responding officers to back up their claims. If the report is ambiguous about fault, we will counter with our own evidence.
  • Interviewing witnesses. If others witnessed the crash, we will gather their statements about what they saw. If eyewitnesses saw a driver run a red light, cut you off, change lanes into you, or run you off the road, that will help our case.
  • Reviewing traffic cameras. In areas with traffic cameras or surveillance cameras on nearby businesses, we will get the footage to review for the day of the crash.
  • Refuting the insurance company. The insurance company for the at-fault driver will probably try rejecting or devaluing your claim right off the bat just to see if they can get away with it. We will fight back with evidence, medical records, financial statements, etc.
  • Presenting your side. If you have a history of taking riding safety classes, wearing protective gear, and having a clean MVD record, we will present this as further evidence of your innocence.

Car and truck drivers endanger bikers by making unsafe lane changes, failing to yield when making a left turn, speeding, driving while impaired, driving while distracted, and making sudden stops. When they take one of these actions, and you are left with a spinal cord injury, traumatic brain injury(TBI), broken pelvis, or severe road rash, you deserve to be compensated by the negligent driver’s insurance company. We are here to make that happen.

James R. Keller
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Partner at Keller & Keller