Bicycle riders, like motorcyclists and pedestrians, have little to no protection if they are hit by a car or truck. A bike accident involving a motor vehicle is almost certain to result in an injury to the bicyclist. Thankfully, the most recent annual traffic crash statistics report from the New Mexico Department of Transportation says only 1.3 percent of bicycle accidents in New Mexico during the year were fatal, though 77.4 percent resulted in an injury.
Bicyclists have the right to use public roadways in New Mexico. Cyclists have to follow traffic rules, but motorists and others must yield to them and in general watch out for bicycles just as they must for every other vehicle on the road. When the operator of a car, truck, or motorcycle is negligent and hits a cyclist, the injured bicyclist or his or her family has a right to restitution for injuries and other losses, such as for damage to the bicycle.
The Albuquerque personal injury lawyers of the Parnall Law Firm work with bicyclists and their families to make things right. Our bicycle accident attorneys help injured cyclists pursue insurance claims for medical expenses, property damage, lost income, pain and suffering, and more. Through a legal claim, we can also help bicyclists who have been run down by a motorist obtain acknowledgment that they were unjustly injured. Contact our experienced bicycle injury lawyers today!
Bicycling is very popular in New Mexico. In Albuquerque alone, there are over 506 miles of bike lanes, trails, and routes, and the city Parks & Recreation Department’s bicycle education program reaches over 11,000 youths and 2,000 adults each year. Many New Mexico cyclists ride for recreation and for economical transportation and, as is their right, many rides on and alongside our state’s roads.
When a collision between a bike and a motor vehicle happens it is quite likely that the bike rider in the accident is headed to the hospital. It’s also quite likely the motorist was at fault.
In its most recent annual traffic crash report, the NMDOT cites the top contributing factors in bicycle accidents:
Additionally, while most accidents happened during the day (74 percent), half of the fatal bicycle accidents happened at dusk or in the dark of night.
If you or a loved one of yours was hit by a car and injured while bicycling in Albuquerque or Central New Mexico, you should meet with an accident lawyer from Parnall Law — regardless of the circumstances of the accident. If a bicyclist is not totally at fault for an accident, he or she may still be able to pursue a claim.
For example, 75 percent of fatal bicycle collisions involved alcohol impairment, and 91 percent of bicyclists in alcohol-involved crashes were considered to be impaired, the NMDOT report says.
However, bicyclists whose actions contributed to their accident and injury can obtain compensation if the accident was less than 100 percent their fault. Even bicyclists who were drinking may be able to collect damages. This applies to wrongful death claims as well as personal injury lawsuits.
This is because New Mexico civil law adheres to a legal doctrine known as “comparative negligence.” In civil law cases in New Mexico, each person is held responsible for how they contributed to the injury in question. Any compensation awarded (“damages” in legal cases) is reduced according to the amount of blame the jury decides the injured person is responsible for in the accident.
For example, if a jury decides a victim is 75 percent at fault, he or she could still receive 25 percent of the compensation they asked for in their claim.
It should also be understood that underage children in bicycle accidents who were not wearing helmets in violation of NM law can also obtain compensation (through a parents’ claim). The lack of a helmet is not a point of fault because it has no bearing on why the accident happened.
We’ll fight for the compensation you deserve
Insurance companies are aware of New Mexico’s comparative negligence laws, of course, so the actions of the accident victim and driver are relevant in settlement negotiations, as well.
As your bicycle accident attorneys, Parnall Law can gather evidence about your accident to show what really happened to you. Our objective is to secure solid evidence of how driver error led to your accident and injuries and to reduce the impact of any evidence against you.
Do not decide against an Albuquerque bicycle accident claim without consulting a Parnall Law attorney. We’re here to help. We will review your case for free, and any work we do on your case is without cost to you unless we obtain compensation for you.
Parnall Law will treat you with dignity and honesty. If we cannot move forward with a claim for you, we will explain why, and provide you with any advice and assistance we can. If we can move forward, we will do so aggressively for you. When we pursue cases, we intend to win.
Unfortunately, bicyclists are sometimes run down by motorists who do not stop. It may not be necessary to identify a hit-and-run driver to obtain an insurance settlement for a bicyclist’s injuries and property damage. Parnall Law can assist you if you or a loved one has been injured in a hit-and-run accident.
You may be insured by uninsured motorist (UM) coverage issued to you or a family member. It provides coverage for harm caused by any uninsured motorist, including hit-and-run drivers since no insurance can be identified. Uninsured motorist coverage may be applied to a personal injury or wrongful death claim.
New Mexico law requires insurance companies to provide UM insurance coverage when automotive liability insurance is purchased. Even if the policy does not name you, coverage may extend to you. Policies often cover additional members of the vehicle owner’s household.
In the end, almost all personal injury and wrongful death claims seek compensation through insurance coverage. However, the insurance company or adjustor is likely to tell you that you are not covered or to offer you a settlement far below what you deserve. Their obligation is to save their employer money. Even “your” insurer does not have your best interests at heart.
As part of a free initial consultation, Parnall Law can review all available insurance policies to determine what coverage applies to you. Then we can fight to get a proper insurance settlement for you. But if you are to realize this kind of positive outcome after a bicycle injury, you will need an experienced New Mexico personal injury attorney on your side.
We recognize that nothing can make things completely right after you have suffered catastrophic injuries or lost a loved one in a bicycle accident. But a proper insurance settlement or jury award in a bike accident case makes a statement that what happened to you should never have happened.
A successful personal injury or wrongful death claim under New Mexico civil law provides three outcomes:
A successful claim typically yields compensation for:
In most cases, we are able to negotiate a settlement that meets your needs and approval. A negotiated settlement ends your case sooner and puts money in your hands faster. However, when we are unable to persuade insurers to do the right thing, we are ready to fight in court for you.
The compensation provided by a negotiated settlement or jury decision is how our society says you were wronged and that justice has prevailed for you.
Bert Parnall and the Parnall Law team of accident attorneys have dedicated their careers to seeking justice for families like yours.
New Mexico bicyclists who have been injured or families who have lost loved ones because they were hit by a truck, car, or motorcycle have every right to seek justice for the harm they have suffered. Parnall Law accident lawyers can help as you face medical expenses, personal property damage, lost wages, and more, including pain and suffering because of a bicycle crash.
Attorney Bert Parnall understands what you are going through. He has dedicated his legal career to obtaining justice for innocent accident victims. If someone else’s negligence has caused you harm, we can help set your life right again. Parnall Law will fight to hold the negligent and reckless accountable for the wrong they have done.
The Parnall Law team in Albuquerque offers you New Mexico’s most experienced personal injury and wrongful death attorneys. We act aggressively to secure the most compensation available for your losses and, through the successful resolution of your claim, acknowledgment of the injustice you have suffered.
Contact Parnall Law today to set up a free legal consultation about your or your loved one’s bicycle accident injuries. Our compassionate and determined accident attorneys can investigate and pursue justice for you while you concentrate on your recovery. Like you, we want things made right for you after this unjustified intrusion into your life.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
If you have been involved in a serious accident and sustained significant injuries, you need to consult with an Albuquerque personal injury lawyer to understand your legal options. After a serious injury accident, you will need to file a claim and deal with the insurance adjusters. The insurance company will try to minimize the amount it pays out in claims to protect its profit margin. It may deny your claim or offer a settlement that is a fraction of the fair value of the claim. A lawyer will help you understand your legal rights and whether you have a valid personal injury lawsuit.
A lawyer can collect evidence to strengthen your claim and negotiate on your behalf with the insurance company representing the at-fault party. A lawyer can push back if an insurer tries to deny your claim or take advantage of you. If the case goes to trial, an experienced personal injury attorney will know how to present your case to jurors to increase your chances of a favorable jury verdict.
Attorney Bert Parnall is a fighter. He and his legal team will fight for your legal rights if you have been injured in an accident due to the negligence of someone else in Albuquerque or anywhere in Central New Mexico.
An experienced personal injury lawyer brings a knowledgeable perspective to the process of negotiating with insurers and settling an injury claim. Based on years of experience handling similar claims, an attorney will have a sense of the fair value of your injury claim. Most accident victims are uncertain what their claim is worth. An attorney will analyze the facts of your case and provide guidance about whether an insurer’s settlement offer is reasonable based on the specifics of your case. If you have never dealt with a claim before, it may be difficult for you to know whether an offer is fair on your own.
The insurance company will have lawyers advising its staff during the settlement process. Having an attorney on your side and looking out for your interests evens the playing field. Insurance companies want to avoid going to court. The insurance company may agree to a higher settlement in order to avoid litigation if you have a lawyer advocating for you. If you do not have legal representation, you will be at a disadvantage in dealing with the insurance company.
You want a lawyer that has years of experience handling cases similar to your case and has a record of verdicts and settlements. Ask the lawyer what percentage of his or her practice involves the practice area that applies to your case. You want an established lawyer who knows the local court system and has the resources and determination to pursue your case to completion.
You want a lawyer with whom you feel comfortable communicating and sharing information. You want a lawyer who will listen to your questions and concerns and offer informative answers. You want a lawyer who will be accessible when you have questions and keep you informed of the status of your case.
You want a lawyer that has good references.
Steer clear of any attorney who promises or guarantees you a settlement or a certain outcome. No lawyer can ethically guarantee a certain result in a case.
To find an attorney, you may ask your friends, relatives or co-workers to recommend a lawyer who they have used. You can also schedule a free, no-obligation consultation with an attorney at Parnall Law to get an understanding of your legal options. The consultation will help you clarify your legal options at no charge whether you decide to work with our law firm.
The most common reason to hire a personal injury lawyer is to provide representation after a car crash caused by someone else that resulted in serious injuries. The law allows people who are harmed by others’ negligence to seek compensation. That is an adversarial process. It is helpful to have an experienced injury attorney standing up for you when dealing with an insurance company representing the at-fault party. The insurance company may dismiss or delay your claim if you do not have a personal injury lawyer representing you.
Other reasons to hire a personal injury lawyer include pursuing compensation for injuries caused by unsafe conditions at someone else’s property or protecting a loved one in a nursing home if you suspect your loved one is being subjected to neglect or abuse.
In many instances, people who need legal guidance may have questions about a troubling situation and need a personal injury attorney to investigate the matter and find answers.
Bert Parnall and the team at Parnall Law are available to answer your questions and discuss your legal needs during a free and confidential consultation. The attorneys at Parnall Law have helped thousands of accident victims obtain proper compensation and move forward with their lives.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a Free Evaluation of your Case. If we can help, and you are unable to travel, we will come to your home, office or hospital. It’s easy – let’s get started.
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Parnall Law Firm, LLC
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Parnall Law Firm, LLC
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Santa Fe, NM 87505
Parnall Law Firm, LLC
Hurt? Call Bert ®
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Rio Rancho, NM 87124