How New Mexico’s Comparative Fault Affects Bicycle Accident Cases

by | Mar 13, 2024 | Injuries | 0 comments

New Mexico’s comparative fault policies can make it more difficult for you to get the full compensation you deserve after a bicycle accident. 

Our English- and Spanish-speaking bicycle accident lawyers at Dominguez Law in New Mexico can help you break down the impact that the state’s comparative fault policies may have on your fight for compensation before you get in over your head. Our compassionate and aggressive lawyers are here to fight for your rights every step of the way. 

How Do Bicycle Accidents Happen?

Bicycle accidents tend to result from someone else’s negligence. Motorists, motorcyclists, pedestrians, and even other cyclists can get distracted on the road and cause collisions that result in serious injuries. This is even the case when an individual is riding in the bicycle lane and wearing the appropriate safety equipment.

Some of the following forms of negligence can cause devastating bicycle accidents:

  • Distracted driving
  • Sideswiping
  • Driving while intoxicated or under the influence of illegal substances
  • Failure to signal on the road
  • Poor vehicular maintenance
  • Jaywalking

If you think negligence led to your recent bicycle accident, let Dominguez Law know. Our team can look into your accident, estimate the value of your losses, and help you bring a claim against a liable party. 

What Is New Mexico’s Fault Policy?

New Mexico operates on a pure understanding of comparative negligence. This means that New Mexico’s civil courts can reduce the damages you stand to receive upon filing a bicycle accident claim based on the percentage of fault you allegedly contributed to an accident.

In other words, a defendant can argue that you are partially liable for your recent collision. In making that argument, the defendant can relieve themselves of some of the financial burden of your recovery.

For example, say you stand to receive $100,000 from a liable party after a bicycle accident. However, if the defendant argues that you are at least 50% liable for your own accident, your $100,000 settlement may drop to $50,000 unless you or an attorney can argue against that assertion of fault.

You need to work with an aggressive personal injury lawyer if you want to prevent a liable party from trying to foist some of the financial responsibility for your recovery back onto your shoulders.

How Soon Do You Need to File a Bicycle Accident Claim?

If you want to take legal action against the party allegedly liable for your bicycle accident, you need to do so before New Mexico’s personal injury statute of limitations expires. This statute gives bicycle accident survivors like you three years to build a case against another party.

You do not have to take that full three years to build your case. If you are working with an experienced lawyer, you can start an investigation into your losses within hours of your crash. Doing so can let you bring your case forward sooner, thereby streamlining your fight for the financial support you deserve.

Let Our Bicycle Accident Lawyers Fight for You

Comparative fault can complicate your fight for loss-based compensation after a serious bicycle accident. You do not have to let New Mexico’s comparative fault policies stand between you and your recovery, though. If you work with an experienced bicycle accident lawyer in New Mexico, you can rely on that expertise to see you through your case.

Dominguez Law can support you and fight for the accident compensation you deserve. You can call (505) 850-5854 or contact us online to book a free personal injury case evaluation.