What should I do if the at-fault driver flees after a motorcycle crash?

motorcycle accident

The shock of a motorcycle accident is overwhelming enough without the added stress of the at-fault driver speeding away from the scene. After a hit-and-run motorcycle crash, it's normal to feel confused and unsure where to turn for help.

At Keller & Keller, our Albuquerque injury attorneys understand the unique challenges hit-and-run motorcycle accident victims face. We're here to guide you through the proper steps after a hit-and-run motorcycle crash. Here’s how to document the crash, report to authorities, and seek fair compensation.

Prioritize Your Health and Safety

Your well-being is the top priority after any motorcycle wreck. It's especially crucial after a hit and run because your injuries may be the primary evidence of what occurred. Although you may feel unharmed, your adrenaline could be masking serious injuries like a concussion or internal bleeding.

Seek medical attention immediately, whether you accept an ambulance ride to the ER or follow up with your doctor shortly after. A timely medical evaluation not only protects your health but also creates valuable documentation linking your injuries to the motorcycle accident. Be sure to attend all follow-up appointments and adhere to your treatment plan, as gaps in treatment may undermine your claim.

Gather Information at the Scene

Collect as much information as possible after the accident:

  • Exact time and location of the crash
  • Details you remember about the vehicle and driver, like a partial license plate number, vehicle make and model, or unique identifying features like bumper stickers or body damage
  • Photos of the scene, damage to your motorcycle, your injuries, and any nearby traffic cameras or businesses that may have surveillance footage
  • Witness names and contact information

Even minor details could prove vital in identifying the hit-and-run driver and supporting your insurance claim. If you cannot gather this information yourself due to injuries, ask a bystander to help or contact an attorney as soon as possible so they can investigate while the evidence is fresh.

Report the Accident to Law Enforcement

Call 911 to report the hit-and-run motorcycle accident right away. A police report provides essential documentation, even if officers cannot locate the driver immediately. Provide the responding officer with all the information you gathered and request a copy of the accident report for your records.

New Mexico law requires drivers to stop in the event of a collision. Leaving the scene of an accident involving injuries or death is a third-degree felony punishable by up to six years in prison. The Albuquerque Police Department has a dedicated Hit and Run Unit tasked with investigating these crashes and locating suspects.

Promptly filing a police report increases the chances of identifying the hit-and-run driver through witness accounts, surveillance footage, or police investigation. If found, the driver may face criminal charges and liability for your injuries and damages.

Explore Insurance Coverage Options

New Mexico requires all registered vehicles to carry liability insurance and uninsured motorist coverage. If you have uninsured/underinsured motorist (UM/UIM) coverage on your motorcycle insurance policy, you can file a claim with your own insurer after a hit-and-run.

UM/UIM coverage acts as a stand-in when the at-fault driver cannot be located or lacks sufficient insurance to compensate you fully. Your insurer essentially steps into the role the other driver's insurer usually takes, covering medical expenses, lost wages, motorcycle repairs, and other damages.

You may also have medical payments (MedPay) coverage on your motorcycle policy. This no-fault coverage helps pay for your medical bills after an accident, regardless of who was at fault. Utilizing MedPay does not prevent you from pursuing a liability claim or lawsuit against the hit-and-run driver if they are later identified.

Consult an Experienced Motorcycle Accident Lawyer

In New Mexico, the statute of limitations for motorcycle-related injury claims is three years from the accident date. An experienced Albuquerque injury attorney can manage all aspects of your motorcycle accident case

  • Communicate with insurance companies
  • Ensure your rights are protected
  • Explore all potential avenues for maximum compensation. 
  • Coordinate with law enforcement to support the search for the hit-and-run driver
  • Pursue a personal injury lawsuit if the at-fault driver is located

At Keller & Keller, we have extensive experience representing injured motorcyclists throughout New Mexico. We understand the severe physical, emotional, and financial toll these accidents take and fight tenaciously to secure the accountability and compensation our clients deserve.

James R. Keller
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Partner at Keller & Keller