Roswell Motorcycle Accident Lawyer Frequently Asked Questions
What is the difference between a Roswell Motorcycle Accident lawyer and any other lawyer?
There are many reasons why you might want to hire a motorcycle accident lawyer instead of just any personal injury attorney. A Roswell Motorcycle Accident lawyer is familiar with motorcycle accidents as well as common insurance tactics or ploys used to defeat these cases or diminish the amount you can recover for your injuries. What's more, a Roswell motorcycle accident attorney knows what to do and how to do it to make sure you get every dollar you are entitled to when you are hurt in a crash. Call one of the experienced motorcycle accident attorneys advertised on this site today.
What should I do or not do if I have a motorcycle accident or wreck?
- Do get medical help if you need it. Your first concern after a motorcycle wreck should be medical attention for any injuries. The quicker you receive quality care, the better your results and chances of recovery will be.
- Do talk to a lawyer. A Roswell Motorcycle Accident Lawyer will know personal injury law and have the experience to represent you effectively, explain your rights, tell you your options, and help you make the best decisions.
- Don't wait to file your claim. You need to make an insurance claim as soon as possible. The claims process should begin as soon as possible so that accident reports, witness accounts, and medical records are fresh.
- Do talk to a Roswell Motorcycle Accident Lawyer before you talk to an insurance adjuster or claims person. Insurance employees, claims adjusters, and claims representatives have attorneys and lawyers to help them reduce or eliminate the amount the insurance company pays you for your losses and injuries.
- Don't get "out-lawyered." Get a professional Roswell motorcycle accident lawyer to help you get the compensation you deserve. You have already been a victim once, don't become a victim a second time by hiring an unqualified or inexperienced attorney.
If there was a passenger on my motorcycle and they were hurt when we got into a wreck with another vehicle, can that passenger sue me?
Yes, if you were negligent in the operation of your motorcycle. in some states, spousal immunity would bar a lawsuit against one's spouse if they were driving the vehicle. Please contact a Roswell motorcycle accident attorney for the specifics. Additionally, the passenger could sue the driver of the other vehicle — car, truck, van, or motorcycle — if they were also negligent in driving their car, truck, van, or other vehicle. This can become a tricky legal issue due to laws known as contribution and joint and several liability. Similarly, a settlement with any party can have a huge negative impact on the outcome of your case in ways you might not imagine at the time, so don't make any settlement without first consulting an attorney. Contact a Roswell motorcycle accident lawyer for a full explanation of your rights.
If I got into an accident while a passenger was riding on my motorcycle with me and I did not offer that person a helmet, can they sue me now if they suffered a head injury during the crash?
In New Mexico, if you are 20 or younger, you are required by law to wear a helmet. If you are over 21 and can prove that you have completed a motorcycle safety course or have medical insurance, you are exempt from having to wear a helmet. Thus, if your passenger is 20 or younger, you may be found in violation of the state safety statute for failing to provide your passenger with a helmet, and, as a result, could be held negligent per se, or as a matter of law. If, however, your passenger is 21 or over and meets the above exemption, you may have an assumption of risk defense available to you. You should contact a motorcycle accident attorney to determine the extent of your liability, as many factors come into play when determining your liability for failing to provide a helmet to passengers on your motorcycle.
Is it possible to sue a manufacturer under a common law products liability theory for selling me a defective product, even though the helmet they manufactured meets minimum federal standards for motorcycle helmet safety?
A string of recent court cases indicate that common law causes of action may not be preempted by federal laws. This basically means that the federal safety regulation may not bar other state tort law causes of action. For example, where a federal law sets minimum standards for helmet safety, a products liability case against the manufacturer may still prevail even when the manufacturer's helmet meets federal safety standards. Furthermore, the Obama administration has announced a strong policy against federal preemption unless absolutely necessary. We have uploaded the Obama administration's Memorandum on Preemption for you to read if you are interested in learning more about the administration's policies on federal preemption.
Can I recover or sue if I was injured on a motocross track?
Good question, but unfortunately the answer is that it depends. Normally, these tracks require you to sign a release of liability before they will allow you to ride on the track, which means you usually cannot recover from them if you are injured. However, there may be certain circumstance or facts that would allow recovery in your particular case even if you did sign the waiver or release. Call one of the lawyers on this site for a free consultation regarding your motorcycle accident injuries. The following are tracks or courses for riding in the Roswell area:
Sandia Motor Speedway
100 Speedway, Park Avenue
Albuquerque, NM 87102
(505) 352-8888
www.sandiamotorsports.com
If I swerved to avoid hitting another vehicle and then crashed my motorcycle and suffered injuries as a result, will I be able to recover from the other driver's insurance company even if there was no physical contact with that vehicle?
You swerved to avoid a more serious — possibly fatal — accident that the other driver would have caused. Your actions were necessary to promote your own safety as well as the safety of the other driver and others nearby. Of course, the other driver's insurance company will do all it can to avoid paying you for your injuries and other damages, but an experienced motorcycle accident attorney will do their best to prove that your actions actually mitigated the damages that would have resulted had you not swerved to avoid the other car. Roswell motorcycle accident lawyers are experienced in dealing with insurance companies and will give you a better shot at prevailing in this type of claim.
What should I do if I wrecked my motorcycle and I am not sure about my insurance coverage?
For starters, call one of the attorneys on this site that handles motorcycle accidents. They are familiar with insurance policies, the types of coverage and can help you. If you have collision coverage, they owe you for the market value of your motorcycle. Med pay coverage will take care of your medical bills, and so will PIP (personal injury protection). PIP also covers lost wages. If you do not have these types of coverage, you might want to contact one of these Roswell insurance companies:
Farmers Insurance - Edubina Morales
412 North Richardson Avenue
Roswell, NM 88201
(575) 625-1564
www.farmersagent.com
Allstate Insurance Agency
601 W 2nd Street, Suite 6
Roswell, NM 88201
(575) 821-5888
www.allstateagencies.com
Moreover, you might have a case against your insurance agent if you were not given the coverage as represented. You should also call the New Mexico Department of Insurance, Public Regulation Commission, P.E.R.A. Building, 1120 Paseo De Peralta, Santa Fe, NM 87501 at 1-888-4ASK-PRC (1-888-427-5772), and file a complaint against your insurance company if they are jerking you around. Finally, reckless driving or driving by inexperienced motorcyclists are common causes of motorcycle accidents. If you were involved in a crash after driving too fast around a curve or otherwise driving negligently, you would probably benefit from completing a motorcycle riding class, which you may take at one of the following locations near Roswell, NM:
New Mexico Motorcycle Safety
4811B Hardware Drive Northeast
Albuquerque, NM 87109
(505) 338-2054
www.nm-msp.org
What are my options if my motorcycle was damaged because a car changed lanes suddenly, knocking me off my bike, and the driver admitted fault? Can I get a rental paid for by the insurance company? Can I choose which shop I want to do the repairs to my bike?
In New Mexico, if your vehicle is damaged due to the fault of the other driver, their insurance company is required to provide you with a rental vehicle while repairs are being made. It is your vehicle and you get to decide where it gets repaired. If the insurance company persists trying to deny your requests, call an attorney. You may also wish to call the New Mexico Department of Insurance and file a complaint. Click here to access Complaint Forms from the New Mexico Department of Insurance. You can rent a Harley-Davidson motorcycle at:
Four Corners Harley-Davidson
520 East Main Street
Farmington, NM 87402
(505) 325-6710
www.fourcornershd.com
Is it true that the insurance company only has to pay for used or after-market parts? Can I get new, factory parts even if the insurance adjuster says they are too expensive and I will have to pay the difference?
If your Harley-Davidson, Honda, Kawasaki, Yamaha, Suzuki, BMW, or Ducati came with factory parts, that is what the insurances company owes you. Don't let them tell you otherwise! Call one of the experienced motorcycle accident lawyers advertised on this site for help dealing with insurance companies and advice on any other issues relating to your motorcycle wreck.
A Roswell motorcycle accident attorney will zealously pursue your case through settlement negotiations or a trial. Call now for an explanation of your legal rights and options.
Serving clients throughout Southeastern New Mexico, including Alamogordo, Captain, Carlsbad, Carrizozo, Clovis, Corona, Elida, Hobbs, Lovington, Mescalero, Portales, Roswell, Ruidoso, Tatum, Tularosa, Vaughn, areas in the vicinity of Roswell Industrial Air Center, and other communities in Chaves County.