Do I Have a Motorcycle Accident Case?

Written by Parnall Law Firm reviewed by Bert Parnall

Bertrand Russell Parnall Owner/CEO at Parnall Law Firm

Although motorcycles comprise 3% of all registered vehicles and 0.7% of vehicle miles in the United States, they accounted for 14.6% of all traffic fatalities and 3.5% of injuries in 2022.

Motorcycles are less stable and have high-performance features. When a motorcycle crashes, the rider lacks the enclosed protection of a vehicle, which exposes them to the risk of severe injury and fatality.

Victims of motorcycle accidents suffer significant pain and hardship. You may be entitled to compensation if injured in a motorcycle crash caused by someone else’s negligence.

Consult a trusted motorcycle accident attorney in New Mexico for legal advice on protecting your rights as an injured victim.

Steps After a Motorcycle Accident

The steps you take after a motorcycle accident enhance your safety and protect your right to compensation.

Here are important steps to take after a motorcycle accident:

Immediately After the Accident

Assess the situation after the crash for possible injuries and ways to prevent further harm.

Here are a few things to keep in mind when assessing the situation:

Check yourself, passengers, and pedestrians for injuries. Call an ambulance immediately if anyone is injured.
Leave your helmet and other gear on to avoid worsening the injury, whether it is apparent or not.
Turn off the motorcycle to minimize the fire risk if there are fuel leaks.
Call the police if there are injuries, death, or significant property damage. After arriving at the scene, the police will create an accident report.

If you cannot assess the situation, ask someone else to do it. Alternatively, ask bystanders to help or call for assistance.

Exchange Information With the Other Party

Exchange information with other parties involved in the accident. Accident-related information is

vital for initiating a motorcycle accident claim.

Take note of the following details:

Names, contact details, address, driver’s license number, and license plate number of the other party involved in the accident
Names and contact details of passengers and bystanders present at the scene of the accident
Insurance company and policy details of the other party involved in the accident

Document Important Details of the Accident

The foundation for obtaining compensation for accident-related losses is proof of how the accident occurred.

Make sure you record the following:

Name and contact details of the police officer who responded to the scene
Take photos of the accident scene from multiple angles
A copy of the police accident report, if available
The location of the accident

Seek Medical Attention

It is advisable to seek immediate medical attention, irrespective of the severity of the injury. The full extent of the injury may not be immediately apparent after a motorcycle crash. A comprehensive medical exam can reveal any hidden issue.

In addition to initiating a treatment plan, a healthcare provider will generate medical records. Documents such as doctor’s notes, prescription notes, or diagnostic tests can prove the extent of your injury.

Contact Your Insurance Provider

Regardless of the party responsible for injury-related losses, notify your insurer about the crash. A minor injury can develop complications, and a driver who had promised to pay might find it challenging to settle.

Your insurer might pay for accident-related losses if the at-fault driver has insufficient or no insurance coverage.

Speak to an Experienced New Mexico Motorcycle Accident Attorney

While many injured victims obtain compensation from the at-fault party’s insurer, working with an attorney enhances your chances of a positive outcome. A New Mexico motorcycle accident attorney will provide legal support as you pursue compensation from the at-fault party.

Most importantly, they will evaluate all damages and negotiate for a fair settlement value that matches your losses.

How to Know if I Have a Motorcycle Accident Case?

The foundation of a motorcycle accident case is a driver who acted negligently, causing you to sustain a significant injury.

Here are the elements of a valid motorcycle accident case:

The Driver Who Caused the Accident Was Negligent: You must prove that the at-fault driver failed to use ordinary care, contributing to your injury. Examples of negligent misconduct include overspeeding, tailgating, or driving under the influence of alcohol.

Driver’s Negligence Caused Your Injury: You should demonstrate that your injury occurred due to the driver’s negligent act—for instance, a driver who ran through a red light and crashed into you.

The Injury Caused Damages: You must also establish if the injury caused you sufficient injuries to warrant a motorcycle accident claim. An attorney can determine the justifiable amount of damages that warrants compensation.

How to Prove a Motorcycle Accident Fault?

You must prove fault to obtain compensation in a motorcycle accident claim. As an injured victim, you must prove that the other driver was negligent because they breached their duty of care to you.

The following pieces of evidence can establish fault:

Police accident report
Images of the accident scene, including skid marks, landmarks, and damage to the vehicle involved
Eye witness statement of bystanders involved in the accident
Opinion from an accident reconstruction expert
Traffic camera footage
Photographs of your injury and damaged gear
Video surveillance footage from nearby premises

What Damages Can I Recover in a Motorcycle Accident Claim?

A motorcycle accident leaves injured victims with hefty medical bills, loss of productivity, and psychological toll, which impacts their everyday lives. With the help of a motorcycle accident attorney, the victim and their family members can sue for damages.

You can obtain three types of damages: economic, non-economic, and punitive damages, depending on the facts of your case.

Here’s a list of potential damages:

Medical expenses
Lost wages
Out-of-pocket expenses
Pain and suffering
Emotional anguish
Loss of consortium
Permanent disfigurement
Reduced quality of life

Injured in a Motorcycle Crash? Get in Touch With an Experienced New Mexico Attorney

Suppose you’ve sustained a broken arm in a hit-and-run accident involving a speeding motorcycle. In that case, you’ll likely endure hefty medical expenses and lost productivity because of the injury.

You, therefore, deserve representation from an experienced New Mexico attorney like Parnall Law, who’ll aggressively represent your right to compensation. What to do after a motorcycle accident in New Mexico? Learn about your legal rights, how to prove fault and potential damages.