Bicycle Accident Lawyers – FAQs To Keep You Informed

According to a 2022 finding, New Mexico is the 7th most dangerous state for bicyclists in the country. This alarming statistic underscores the critical need for both cyclists and motorists in the state to be aware of the potential dangers on the road and understand the legal implications and procedures following a bike accident. Bike accidents can range from minor scrapes and bruises to severe, life-altering injuries, making it essential for everyone to know what steps to take in the aftermath of an incident. Knowing what to do in the aftermath of an injury and when to seek the help of a bicycle accident lawyer can make the difference in getting the settlement you deserve.

At the Law Offices of Kenneth G. Egan, we’ve been supporting Las Cruces bike accident victims in navigating the legal aftermath of getting the compensation they deserve. In our latest FAQs, we take a closer look at commonly asked questions about New Mexico bike accidents.

What Happens If You Have an Accident with a Cyclist in New Mexico?

In New Mexico, when an accident involves a cyclist, the immediate steps are similar to any other vehicular accident. It’s crucial to check for injuries, call 911 if there are any emergencies, and report the accident to the police. Both parties should exchange information, including names, contact details, and insurance information. It’s also beneficial to document the scene with photos and gather witness statements if possible.

New Mexico law requires all accidents resulting in injury, death, or significant property damage to be reported. Failure to report could result in penalties. Following the report, insurance companies will typically become involved to assess damages and determine fault.

Who Is Usually at Fault If a Bicycle Is Involved in an Accident?

Determining fault in accidents involving bicycles can be complex and depends on the specific circumstances of the accident. New Mexico follows a “pure comparative negligence” rule. This means that any party involved in an accident can be found partially at fault, and the compensation awarded will be reduced by the percentage of fault assigned to them.

Cyclists and motorists are expected to follow the same traffic laws, so fault can be assigned to either party based on factors like right-of-way violations, failure to signal, or distracted driving/riding. An investigation into the accident will consider these elements to establish fault.

Can I Claim If I Get Knocked Off My Bike?

Yes, if you’re knocked off your bike in New Mexico, you can file a claim for damages. This can include medical expenses, lost wages, bike repair or replacement, and compensation for pain and suffering. However, the success of your claim and the amount of compensation you can receive may be influenced by the determination of fault. If you’re found to be partially at fault, your compensation could be reduced accordingly.

How Long Does It Take to Recover from a Bike Accident?

The recovery time from a bike accident varies widely depending on the severity of the injuries. Minor injuries might heal within a few weeks, while more severe injuries, such as broken bones or head trauma, could take months or even years for a full recovery. Some victims may require long-term rehabilitation or experience permanent disabilities. Access to quality medical care and following a doctor’s advice are crucial for recovery.

What Happens When You Have a Bike Accident?

When you have a bike accident in New Mexico, the first steps involve ensuring the safety of all parties involved, seeking medical attention, and reporting the accident to the police. Following these immediate steps, the process of dealing with insurance claims begins. If there are injuries or significant property damage, it’s essential to document everything and consider seeking legal advice, especially if there’s a dispute over fault or the compensation offered by insurance does not cover all expenses and losses.

Bike accidents in New Mexico are subject to state-specific laws regarding fault, reporting, and compensation. Victims of bike accidents have the right to claim damages, but the amount of compensation can be influenced by their degree of fault. Recovery times vary widely, which is why it is always recommended to seek the legal expertise of a New Mexico bike accident attorney. A law firm, like The Law Offices of Kenneth G. Egan, can provide guidance tailored to individual circumstances, ensuring their rights are protected and helping them to navigate the legal process effectively.

Finding a New Mexico Bicycle Accident Attorney

If you or someone you know has recently been injured in a bicycle accident, reaching out to a bike accident attorney, like those at The Law Offices of Kenneth G. Egan, can be instrumental in securing a favorable outcome. Contact us or give us a call at (575) 523-2222 to get started with a free consultation. Let our experienced bike accident lawyers help. We are located in Las Cruces and are proud to service the surrounding areas, including Doña Ana, Santo Tomas, La Mesa, Fort Selden, Radium Springs, and beyond.