If this happens to you, what are your options?

How Negligence Lawsuits Work

When you bring a lawsuit against the responsible driver, your attorney’s job will be to demonstrate that the driver was negligent. There are four elements that your attorney must prove in order to win a negligence lawsuit.

First, they must show that the driver had a duty towards you to drive safely and keep you safe. Second, they must show that the driver breached that duty by driving carelessly. Then, they must show that you suffered injuries or property damage. Lastly, they must show that your injuries were the direct result of the driver’s breached duty.

What You Can Recover

The purpose of damages is to put you in the same position that you were in before the accident – or as close as possible. Thus, if you have had to pay medical expenses associated with your injury, including a hospital stay and medication, you can sue to recover the cost of those things.

You can also sue for injuries that aren’t tangible. For example, you can recover for pain and suffering, and loss of companionship. This is because physical suffering and the inability to enjoy time with your family are real consequences of your accident that you deserve compensation for.

Lastly, you can recover for property damage, such as the price of repairing the damage to your bicycle. You can also recover for lost wages for the time that you cannot work while you recover for your injuries. If the accident results in a permanent disability, you could also sue for loss of earning capacity.

Bicyclists deserve to be able to ride on roads and sidewalks safely. When a car hits a bicyclist, the law allows them to pursue compensation in an attempt to recover what they need to get back on their feet.

New Mexico has taken steps to improve safety. The Bernalillo County Sheriff’s Department, for example, posts answers to frequently asked questions about the New Mexico Motor Vehicle Code and includes some provisions relating to bicyclist safety online. Among the provisions of New Mexico’s traffic laws are that, subject to certain exceptions, every person riding a bicycle on a roadway shall be granted all of the rights and shall be subject to all of the duties that are applicable to the driver of a vehicle. This measure reflects the expectation that bicycles on the road be given the same respect as larger vehicles.

There are also provisions encouraging bicyclists to not endanger themselves. For example, New Mexico law states that no person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway. Even when bicyclists are not engaging in such behavior, and when bikes have lights, bells, brakes, and other safety equipment, terrible accidents can happen. New Mexico has recently undertaken an initiative to try to reduce the number of accidents and create a more pleasant environment for people who travel by bicycle.

The Prioritized Statewide Bicycle Network Plan (NM Bike Plan) is considering a safe and connected bicycle network at the statewide level. Toward that end, the New Mexico Department of Transportation has contracted with Bohannan Huston, Inc. and Alta Planning + Design to develop the NM Bike Plan. The NM Bike Plan is currently scheduled to be completed by summer 2018.

There are opportunities for members of the public interested in the process to participate. These include an interactive map people can use to indicate where they currently travel by bicycle and where they might like to travel by bicycle in the future if roadways are improved. People interested in providing input can also fill out a questionnaire on how bicycle travel can be improved statewide and participate in public hearings scheduled to take place in November in Las Cruces, Santa Fe, and Farmington. Since it will take some time until there are changes to the roads statewide, there is a map designed to help bicyclists choose their preferred routes in the meantime.

Bicycle accidents caused by cars can cause fatalities and serious injuries with long-lasting effects. Following a New Mexico bicycle accident, you or a loved one may be entitled to financial compensation, including in some cases punitive damages. An award of monetary damages can assist people who are injured and their families with medical costs, lost wages, and pain and suffering caused by the bicycle accident. To understand more about your case, call New Mexico bike crash lawyer Matthew Vance at the Law Office of Matthew Vance, P.C. We provide a free consultation and can be reached at (505) 242-6267 or online.

More Blog Posts:

Proposed New Mexico Law Targets Hit and Run Drivers, New Mexico Injury Lawyer Blog, June 13, 2017

New Mexico Court Denies Plaintiff’s Motions in Lawsuit Following Car Accident, Finds She Had Not Been Forthcoming Regarding Medical History, But Dismissal Not Appropriate, New Mexico Injury Lawyer Blog, May 12, 2017