Motorcycle Crash Attorneys Serving Albuquerque Residents
Many motorcyclists are injured by drivers who make unsafe lane changes and collide with the motorcycle or force the biker off the road. Lane change collisions between motorcycles and cars can cause serious injuries, especially to the riders who are have less protection. That unsafe driver who carelessly changed lanes and caused your injuries may be held responsible for paying for your pain and suffering if the driver’s negligence caused the accident.
How Motorcycles Are Hit During Lane Changes
Motorcycle riders are often hit by drivers who make sudden, unsafe lane changes and do not use turn signals to show their intention. The driver may be switching from one lane to another, weaving between lanes or merging onto a roadway from an entrance ramp or shoulder when the collision occurs.
Drivers often fail to pick out motorcyclists on busy Albuquerque roadways filled with sport utility vehicles, pickup trucks and tractor trailers. Motorcycles are low and have a narrow profile. Some drivers are distracted and not paying careful attention to surrounding traffic. Sometimes, cars drift out of their lane into another lane of traffic because a driver is talking or texting on a cell phone and not paying attention. These distracted drivers should be held accountable for the injuries they cause.
When drivers attempt to switch lanes and fail to see a motorcycle in the adjoining lane, the motorcyclist may be injured in a sideswipe accident or blind spot accident. Cars and trucks have blind spots that are not visible from the rearview and side view mirrors. A driver who does not turn and look over his or her shoulder may fail to see a motorcycle in a blind spot and cause a crash by attempting to move into a lane occupied by a motorcyclist. A motorcyclist may attempt to avoid the vehicle crowding into its lane, but be unable to avoid a crash.
Who is at Fault After an Unsafe Lane Change Collision?
As Albuquerque injury attorneys, we frequently hear motorcyclists say, “A car merged into me or a car hit me while changing lanes.”
These careless drivers are responsible for the injuries they cause. Yet, we have seen insurance companies try to blame motorcyclists when another driver clearly changed lanes and caused the accident. You need an experienced attorney who knows how to counter insurance company tactics.
If you are injured in a merging accident or unsafe lane change collision, you may have the right to file a New Mexico injury claim against the at-fault driver.
A driver is negligent when he or she fails to use the caution that a prudent driver would use in similar circumstances. Drivers in New Mexico including motorcyclists have to use reasonable care behind the wheel. That includes not attempting unsafe lane changes that risk the safety of other drivers.
If your own actions contributed to the crash, you may still be entitled to claim compensation for your injuries from others who are partly at fault. New Mexico follows a legal doctrine of pure comparative fault in determining damages from accidents. A jury will decide how much each motorist contributed to an accident and assign their portion of fault. If a jury determined that you were 25 percent at fault and awarded $100,000 in damages, then the amount you received would be reduced by 25 percent and you would be entitled to receive $75,000 in damages.
The share of fault is often a matter of dispute during settlement negotiation and if the case goes to trial. You need an experienced Albuquerque attorney who will fight for your interests.