You're riding your motorcycle through Albuquerque when suddenly, a distracted driver swerves into your lane. You swerve to avoid a collision but lose control, leading to a devastating crash. Now, you're facing medical bills, lost income, and a long recovery ahead.
Filing a motorcycle accident lawsuit can help you pursue the compensation you deserve, but the process may seem daunting. That's where the experienced New Mexico motorcycle accident attorneys at Keller & Keller can help. With over 80 years of experience fighting for injured riders across the state, we can guide you through each step of your claim. Here's what you need to know about motorcycle accident lawsuits in New Mexico and how our skilled legal team can help.
Getting Started: Why You Need a Motorcycle Crash Attorney
New Mexico has a three-year statute of limitations for most motorcycle accident lawsuits, so you should act quickly after a motorcycle accident. While you can file an insurance claim on your own, there are significant advantages to working with a skilled lawyer. Handling your claim alone can be overwhelming, particularly when dealing with the physical and emotional effects of a crash. Insurance companies are also notorious for employing tactics to minimize payouts, such as disputing the severity of your injuries or pressuring you to accept a low settlement.
Start by scheduling a free initial consultation with an experienced personal injury attorney to discuss your legal options. The lawyer will ask questions to evaluate the strengths and weaknesses of your case and advise you on the best path forward. This consultation is an opportunity to assess whether the attorney is a good fit for your needs. Look for a lawyer with extensive experience handling motorcycle accident claims in New Mexico. Once you choose legal representation, your attorney will start building your claim immediately.
Investigating Your Motorcycle Accident
To recover compensation in a motorcycle accident lawsuit, you must establish that another party's negligence caused your injuries. Your lawyer will thoroughly investigate your motorcycle crash and gather evidence to establish fault and support your claim, such as:
- Police accident reports
- Photos of the crash scene and damage to your motorcycle
- Surveillance footage or dashcam video, if available
- Witness statements
- Medical records and bills
- Expert analysis from accident reconstruction specialists
Your lawyer will work closely with you, your doctors, and other experts to fully understand how the accident has affected you. By carefully documenting your losses, your attorney can fight for a settlement that reflects the actual cost of your injuries. Your attorney will also identify all potential sources of compensation, such as the at-fault driver's insurance policy or your own uninsured/underinsured motorist coverage.
In some cases, more than one party may share fault for the accident. Under New Mexico's pure comparative negligence law, you can still recover compensation even if you were partially to blame. However, your damages will be reduced by your assigned percentage of fault. An experienced motorcycle accident attorney can craft arguments to minimize your liability and fight back against unfair blame-shifting by the insurance company.
Drafting and Filing a Legal Complaint
Next, your attorney will draft a formal legal complaint. This document outlines your case against the defendant, explaining how their negligence caused your injuries and the compensation you're seeking. Potential damages may include:
- Medical expenses, including emergency care, surgeries, medications, and physical therapy
- Anticipated future medical needs related to your injuries
- Lost wages from time off work during your physical recovery
- Reduced future earning potential, if your injuries impact your ability to work
- Pain, suffering, and lost quality of life
- Motorcycle repair or replacement costs
Your lawyer will file the complaint with the appropriate New Mexico court and ensure the defendant is properly served with a copy.
The Discovery Phase
After the defendant responds to your lawsuit, the discovery phase begins. During this process, both sides exchange relevant information and evidence, such as:
- Depositions (sworn out-of-court testimony)
- Interrogatories (written questions)
- Requests for documents, such as medical records or cellphone data
- Independent medical examinations by doctors chosen by the defense
Your lawyer will use the discovery process to gather additional evidence supporting your claim and to understand the defense's strategies.
Negotiation and Mediation
Most motorcycle accident cases in New Mexico are resolved through out-of-court settlements. Your attorney will negotiate aggressively with the defense lawyer or insurance company, presenting evidence of your damages and demanding fair compensation. If the two sides can't agree, you may go through mediation—a process where a neutral third party helps facilitate a settlement. Your lawyer will advise you on whether any settlement offers are reasonable or if you should proceed to trial.
Going to Trial
If your case doesn't settle, it will go to trial before a judge and jury. Your attorney will present evidence, call witnesses, and argue on your behalf. The defense lawyer will also have an opportunity to present their case. After both sides rest, the jury will deliberate and render a verdict. If you win, the judge will enter a judgment ordering the defendant to pay your damages.
Choose the Right New Mexico Motorcycle Accident Attorney
Filing a motorcycle accident lawsuit in New Mexico involves multiple steps, from gathering evidence and drafting legal documents to negotiating with insurance companies and presenting your case at trial. The process can be lengthy and overwhelming, but you don't have to navigate it alone. Working with a skilled New Mexico motorcycle accident lawyer lets you focus on your recovery while your attorney handles the legal details.
At Keller & Keller, we have over 80 years of experience fighting for the rights of injured motorcyclists across New Mexico. We understand the trauma a motorcycle crash can inflict on victims and their families, which is why we provide compassionate guidance and aggressive representation to help our clients move forward after a wreck.
