Driving is perhaps the most dangerous thing we do on a daily basis. Vehicles are speeding at over 70 miles per hour on some highways and interstates. Drivers and motorcyclists need to pay constant attention to the road and follow all traffic rules. However, lethal accidents can still happen. When they do, you need the support of a Santa Fe fatal motorcycle accident lawyer.
Accidents can vary in severity, but the most severe are fatal ones. If someone you know has tragically lost their life in a motorcycle accident, a Santa Fe personal injury lawyer could help you file a claim. A lawyer is a necessary resource to utilize during this process. A claim involves analyzing the incident, collecting evidence, interviewing witnesses, and negotiating a fair settlement. A lawyer can provide all these services.
You need a lawyer to take the lead in the negotiation phase because it’s likely that the insurance company’s first offer will be low. It takes a seasoned lawyer to understand the value of the case and know how to get the insurance company to come to a fair offer. A good lawyer has strong negotiation skills, effective communication, creative problem-solving, and respect for the difficult situation you and your family are in.
Many accidents are caused by driver’s mistakes, recklessness, negligence, or inattentiveness. Insurance companies will often attempt to place the blame on the motorcyclist. This is usually because of bias against motorcycles. Some common causes of accidents include:
A: Motorcycle accident settlements in Santa Fe, New Mexico can range from case to case, depending on the complexity and circumstances within the situation. The degree of liability or negligence and the severity of injuries will influence the settlement amount. Additionally, the level of insurance coverage could be a factor. For example, if the negligent party does not have proper insurance coverage, it could limit the amount of compensation available.
Engaging an experienced accident lawyer could help you get the most out of your settlement.
A: The party at fault in motorcycle accidents will likely be the party that caused the accident. In many cases, a car driver does not see the motorcycle, and a collision ensues. Accidents are typically caused by one party’s negligence or recklessness. Each accident is unique, and fault must be determined based on the specifics of the accident. For example, if a motorcyclist was lane splitting and that caused the accident, they may be held liable because it’s illegal.
A: Motorcycle accident settlements in New Mexico are calculated using a formula that incorporates:
Another large component is the level of insurance coverage. For example, if a driver or motorcyclist is uninsured, that could substantially impact the settlement amount. An accident attorney can help collect evidence and present a strong case on your behalf.
A: Yes, New Mexico is an at-fault state for motorcycle accidents. This means that the party responsible for the accident could be liable for the damages and injuries caused. This party breached their duty of reasonable care and should be held accountable. They will have to pay out financial compensation to the victims.
To determine fault, insurance companies and attorneys analyze the scene of the incident, collect evidence, interview witnesses, and review police reports. This is why it’s important to have a quality attorney on your side.
A: Lane splitting is not legal in New Mexico. Lane splitting is when a motorcycle rider rides in between lanes while going in the same direction in traffic. This often happens at stop lights when traffic is congested. Motorcycle riders may try to ride in between lanes to advance through traffic. This action is illegal, and motorcyclists should avoid it.
Motorcyclists are permitted to engage in lane sharing, however. This is where two motorcycles ride abreast of each other within the same lane.
Motorcycle accidents can be devastating. They can lead to serious injuries that cause mental, emotional, and physical pain for all those involved. Sometimes, the rider doesn’t survive the incident. When this happens, it is critical to consider your legal options to obtain justice for their wrongful death. To do that, you need a legal team that can help you seek the full amount of compensation you deserve.
At Berenson & Associates, PC, we have the resources ready to help. Our law firm possesses over two decades of combined legal experience, so we are ready and able to be the resource you need. We pride ourselves in serving communities all around New Mexico. Our team offers comprehensive and personalized legal counsel that aims to empower you to make the right legal decisions. See how our firm can support you by contacting us today.
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