Recently in Motorcycle Accidents Category

June 11, 2015

New Mexico Man Dead Following a Serious Motorcycle Accident

Late last month, a New Mexico man was killed after a motorcycle accident near Ector County. According to news reports, the driver of a Chevrolet was driving south on Loop 338, near Odessa. Evidently, the Chevrolet driver crossed the lanes into oncoming traffic. While crossing into the opposite lane, he slammed into a Harley Davidson motorcycle.

single-bike-697620-m.jpgWhen medical personnel arrived, they immediately declared that the motorcyclist had passed away as a result of his severe injuries. The driver of the Chevrolet was transported to Medical Center Hospital, and as of the most recent report he is he still hospitalized and in serious condition. State Police are still investigating the accident to determine whether any charges should be filed.

Are Criminal Charges in New Mexico Necessary To Succeed on a Civil Suit in New Mexico?

In many situations, a car accident, especially one that results in a fatality, will lead to criminal charges against the culpable party. In some circumstances, the criminal charges are because the culpable party was driving under the influence or acting in a particularly egregious or unlawful manner. However, there are certain situations when no criminal charges are filed or when the alleged wrongdoer was found not guilty of criminal charges by a judge or jury. Although, a criminal charge and conviction makes a civil suit more likely to be successful, it is not a prerequisite.

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March 3, 2015

New Mexico Motorcyclist Killed in Truck Crash

Earlier last month, a New Mexico motorcyclist was killed after a UPS truck pulled onto the road in front of him. According to Santa Fe news reports, the motorcyclist was driving south on Rio Arriba County Road when the accident occurred. Apparently, the UPS driver pulled into the road, and the motorcyclist attempted to avoid hitting the truck.

broken-link-in-the-chain-1424413-m.jpgIn attempting to avoid an accident, the motorcyclist rode his motorcycle onto a shoulder and over an embankment. However, in doing that, the motorcycle overturned. The motorcyclist was thrown from the motorcycle, and his passenger was also ejected. The passenger was taken to a local hospital, and she remains in stable condition. Unfortunately, the motorcycle driver was declared dead at the scene of the accident. Both parties were wearing helmets when the accident occurred. New Mexico State Police are currently still investigating the crash, but no charges have yet been filed.

Motorcycle Safety in New Mexico

Motorcycle accidents and truck accidents often result in the highest number of fatalities, and when those two vehicles are combined it is highly likely that someone will end up seriously injured or killed. It is important when operating a motorcycle that both the driver and passenger are aware of the rules of the road and specifically safety rules directly related to their motorcycles.

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November 4, 2014

Drunk Driver Kills Motorcyclist in Her Second DUI in One Year

Earlier last month in a tragic accident in Albuquerque, a man was killed when a drunk driver ran a red light and struck him while he was riding his motorcycle. According to a report by one local news source, the woman had just started to go through court-ordered programs for an aggravated DUI charge she received last year.

vodka-russia-310547-m.jpgEvidently, on the night in question, she blew through a stop sign and crashed into the motorcyclist at near full speed. When police arrived and administered a breath test, she blew a .17, which is more than twice the legal limit for driving under the influence in New Mexico.

Aside from this current offense and her prior DUI, it seems as though these were the woman's only arrests. Her family told reporters that she had been doing well after her first DUI, and she had just started a new job when she was out celebrating. Apparently, a man punched her in the face while she was out, and she decided to leave as a result. It was on her way home that she hit and killed the motorcyclist.

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June 19, 2014

Naked Man "Surfing" atop Pickup Truck Falls onto Road, Causes Multi-Vehicle Accident

A New Mexico man was charged with indecent exposure, leaving the scene of an accident, and failure to wear a seatbelt after an accident that occurred when he fell off a Ford pickup truck near Taos, New Mexico earlier this month. The man was completely naked and standing on top of the truck as it travelled on State Road 522 on June 6. The man apparently fell off the truck, and a motorcycle behind him stopped quickly to avoid running him over. A woman who was in a car behind the motorcyclist was unable to stop in time and rear-ended the motorcycle. Witnesses helped the man into the pickup truck he was riding on, and the driver sped off. Police pulled over the pickup truck a few minutes later and booked both the man who fell and the driver of the truck on various charges. The man was moderately injured and hospitalized, but he was released the following day.

yelling-for-joy-1076678-m.jpgThe Laws against "Naked Truck-Surfing"

Not surprisingly, New Mexico does not have a specific criminal provision that forbids someone from riding naked on top of a truck on the highway. The police were still able to charge the man with indecent exposure and failure to wear a seat belt, but his behavior appears too strange to fit cleanly within the criminal code. Any injuries or damage suffered by the other drivers involved will most likely not be addressed by the criminal proceedings against the man, and if the other drivers want to be paid back for the damage that the man's behavior caused, they will most likely need to file a New Mexico auto accident lawsuit. If the injured victims can show that the man was acting negligently when he decided to ride naked on top of the truck, a civil court will have the ability to order the man to pay the victims to compensate them for their injury.

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May 13, 2014

Tragic Motorcycle Accident in Colfax County Last Week Kills Two

Two New Mexico residents were killed last Friday when the motorcycle they were riding on collided with a guard rail around 11:00 PM, and they were ejected from the motorcycle. According to a report by the Taos News, a 56-year-old man from Moreno Valley was driving, and a 32-year-old woman was riding on the back when the bike hit a guard rail near mile marker 27 on New Mexico Highway 434 near Black Lake. Neither rider was wearing a helmet when the accident occurred, and the riders were thrown from the bike at high speed, killing both of them at the scene.

ace-caf-bikes-8-282630-m.jpgThe Increased Danger of Motorcycles

New Mexico motorcycle accidents are often more severe than other types of road accidents. When a motorcycle is involved in a collision with another vehicle, the bike and riders are generally not in a safe position compared to passengers in the other vehicle. Single-bike accidents, like that which occurred last week, are also more likely to cause severe injury or death because riders are often ejected at high speeds. Additionally, motorcycles can lose control more easily when confronted with poor road conditions, and if a rider is not wearing a helmet, the risk of serious injury or death increases even more.

Motorcyclists Need the Best Insurance Coverage that They Can Afford

New Mexico roads are not always safe for motorcyclists, and bikers should have the best insurance coverage available. Motorcyclists should purchase coverage not only for liability and personal injury but also for collisions with uninsured and underinsured drivers. Collision and comprehensive coverage are also available, and obtaining such coverage puts New Mexico motorcyclists in a better position in the event of an accident.

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February 3, 2014

New Mexico Man Charged with Second Fatal Motorcycle Accident

In a tragic accident last week, a New Mexico man crashed his pick-up truck into a motorcycle, killing the driver and injuring the driver's 11-year-old daughter. According to a report by the Huffington Post, a witness had called police about the driver twice earlier that day; once for erratic driving and once for fighting with a neighbor. Shortly after the second call to police, witnesses report the man's truck crossing the center line into oncoming traffic and colliding with a motorcycle. The driver of the motorcycle was pronounced dead at the scene.

harley-davidson-14844-m.jpgIn 2006, the man was charged with another fatal DUI and served 6 years in prison as a result. In that accident, the same driver failed to stop at a stop sign and collided with a motorcycle carrying two passengers. One of the drivers was killed and the other was paralyzed. In a remarkable yet tragic coincidence, the victim in the most recent accident was the brother of the judge who sentenced the driver for the first accident.

Motorcycle Accidents in New Mexico

No matter what kind of motorcycle a rider chooses, the reality is that the bike won't fare well in an accident with a larger vehicle. In fact, each year hundreds of New Mexico residents are injured or killed in motorcycle accidents many of which are due to no fault of the motorcyclist. Motorcycle accidents, like other accidents, can be caused by a number of things, but the most common reason for motorcycle accidents is that the other driver fails to notice the motorcyclist.

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July 22, 2013

Motorcycle Accident on I-25 Near Cañoncito Tragically Kills 39-Year-Old Los Alamos Man

1099135_motorcycle_-_blur_focus sxchu username lockstockb.jpgA 39-year-old man recently died following a motorcycle crash on Interstate 25 near Cañoncito. According to a representative from the Santa Fe County Sheriff's Office, Lieutenant Joe McLaughlin, the Los Alamos man was headed north on the roadway when he attempted to pass a four-door Chevrolet on the right near mile marker 294. As he did so, the motorcycle rider reportedly lost control of his bike and struck a guardrail.

Following impact, the man apparently flew off of his motorcycle which then struck the Chevrolet. Despite that he was wearing a safety helmet at the time of the crash, the 39-year-old man was pronounced dead due to massive head injuries at the accident scene. Authorities stated neither the 42-year-old driver of the Chevrolet nor his 43-year-old passenger was hurt in the collision.

The exact cause of the deadly accident is currently under investigation by the Santa Fe County Sheriff's Office. Investigators apparently believe alcohol did not play a role in the traffic wreck. McLaughlin stated it appears excessive speed may have contributed to the deadly accident.

Motorcycle crashes in our state are often caused by a motorist's inattention or simple negligence. Regrettably, the injuries sustained by the victim of a motorcycle collision are generally much more serious than if the same accident had involved the driver of a car or truck. Too many New Mexico motorcycle accidents result in catastrophic injuries and untimely death.

According to the United States Department of Transportation, almost 40,000 deadly motorcycle crashes occur throughout the nation every year. Normally, less than half of those killed in such an accident are wearing a protective safety helmet. In addition, speed reportedly played a role in at least 40 percent of fatal motorcycle collisions nationwide. Because New Mexico is a comparative fault accident state, a motorcycle crash victim may receive damages for his or her accident injuries even if the motorcycle rider was partly responsible for the crash. It is always a good idea to speak with a knowledgeable motorcycle accident attorney following any bike crash in New Mexico.

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August 27, 2012

Motorcyclist Killed on I-25 in Albuquerque

503504_harley%20sxchu%20uername%20crismkb.jpgLast weekend, a fatal motorcycle accident closed southbound Interstate 25 in Albuquerque for several hours. According to law enforcement officers, 52-year-old Fred Drake was headed south on his Harley Davidson motorcycle when he reportedly swerved and lost control near a curve in the roadway. Drake struck a pick-up truck that was parked on the shoulder to aid a stranded motorist. The motorcyclist then slid beneath and became lodged under the truck. Sadly, Drake was pronounced dead at the scene of the accident. No other injuries were reported.

According to Albuquerque Police Officer Nelson Sanchez, several vehicles were involved in the crash. He stated it appears that another vehicle struck Drake’s motorcycle immediately before it left the roadway. The exact cause of the crash is currently under investigation. Although alcohol is not a suspected factor in the collision, Drake was reportedly traveling at a high rate of speed and was not wearing a protective helmet.

Whether you are riding your motorcycle, driving in your automobile, or merely walking down the street, a collision caused by a negligent driver can occur at any time. Unfortunately, the injuries sustained in a New Mexico motorcycle accident are normally catastrophic or fatal. Too often, individuals who choose to ride motorcycles face stereotypes that can have an effect on their right to recovery. If you were injured or a loved one was killed by a careless driver while riding a motorcycle, you may be eligible to receive compensation for your medical expenses, any resulting disability, pain and suffering, lost wages, funeral expenses, and other damages. If you were hurt while riding your motorcycle in New Mexico, you should contact a skilled personal injury lawyer.

According to the nation’s Department of Transportation, nearly 40,000 fatal motorcycle accidents occur throughout the United States each year. On average, less than half of those killed were wearing a safety helmet. Additionally, speed reportedly played a factor in more than 40 percent of fatal motorcycle collisions. Still, New Mexico is a comparative fault accident state. Because of this, a motorcycle accident victim may receive damages for his or her injuries even if the motorcyclist was partially responsible for the crash. It is always a good idea to contact an experienced motorcycle accident lawyer after any collision in New Mexico.

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May 8, 2012

Motorcyclist Killed in Albuquerque Collision

1191472_lost_in_romes_streets%20sxchu.jpgA motorcyclist was recently killed in a crash with a Cadillac on Central Avenue in Albuquerque. According to police, 31-year-old Erminio Gonzalez reportedly drove his Cadillac onto Central Avenue at Rio Grande Boulevard SW and struck a motorcycle driven by 44-year-old Ronald Queen. Queen was taken to a local hospital in critical condition. He later died as a result of his injuries.

According to accident witnesses, Gonzalez allegedly attempted to run away from the scene of the crash. One witness claimed he physically dragged Gonzalez back to the location of the accident. A spokesperson for the Bernalillo County Sheriff’s Office stated Gonzalez was arrested on charges of failing to render aid and fleeing the scene of an accident that resulted in death. At the time of the accident, Gonzalez was reportedly on both probation and parole related to drug-trafficking charges. He was released from prison about two months before the collision occurred.

Whether riding your motorcycle, in your automobile, or simply walking down the street, an unexpected crash with an inattentive driver can occur at any time. The resulting injuries are frequently disabling. If you were hurt by an inattentive driver, you may be eligible to receive compensation for pain, suffering, lost wages, and a variety of other damages. If you lost a family member in a fatal motorcycle crash, you may also have a New Mexico wrongful death claim against a negligent driver.

Motorcycle accidents in New Mexico are frequently caused by an automobile driver’s inattention or negligence. Unfortunately, the injuries sustained by the victim of a motorcycle accident are often much more severe than if the same accident had involved the driver of a car or truck. Sadly, motorcycle crashes are more likely to result in serious or catastrophic injuries and death.

New Mexico is a comparative fault accident state. This means even where a motorcycle driver is partially responsible for a crash the motorcyclist may be eligible to receive financial compensation for his or her injuries. After any injury accident, it is a good idea to contact an experienced New Mexico motorcycle accident lawyer as soon as you are able.

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November 22, 2010

Rio Rancho Motorcycle Rally Goes Wrong

Rio Rancho hosted a motorcycle rally recently to help raise money for a Toy Drive. Sadly, Rio Rancho also hosted a Rio Rancho motorcycle accident. While it is difficult to determine exactly how many motorcycles were involved in the accidents, initial reports seem to suggest numerous people were injured.

The remarkable fact about the Rio Rancho motorcycle accident story is that within the past few years Rio Rancho has also seen other New Mexico motorcycle accidents occur during motorcycle rallies. In some of those prior cases it has been alleged that Rio Rancho did not properly permit the event and allow for sufficient police escorts. While it is unclear what caused the numerous motorcycle accidents at this recent Rio Rancho rally, one has to begin wondering just how good the city and organizers protect riders that participate for the most respected of reasons.

April 22, 2010

Espanola Motorcycle Accident & Punitive Damages

New Mexico accidents are common. New Mexico motorcycle accidents unfortunately are also prevalent. Often with New Mexico motorcycle accident cases, it is important to overcome prejudices and show that the motorcycle driver is not at fault. Sometimes this can be difficult, while other times it is exceedingly easy.

Bizarre facts are surfacing of a recent New Mexico motorcycle accident that occurred near Espanola. The Espanola motorcycle accident occurred moments after a police officer clocked a driver racing over 100 mph. As the officer was preparing to pull over the driver, he ran a red light and struck a motorcyclist.

Other than making liability an easier task to prove, the facts leading up to this New Mexico motorcycle accident provide an example of when outrageous conduct can lead to punitive damages following a car accident.

September 18, 2009

Fatal Albuquerque Motorcycle Accidents & How to Handle The Motorcycle Bias

A westside Albuquerque motorcycle accident recently turned fatal. The motorcycle crash occurred in Albuquerque at Sevilla and Montano at approximately noon on Friday. When many people, including juries, hear about a motorcycle accidents, they immediately assume that the motorcycle is at fault. In this particular motorcycle accident this false assumption could not be further from the truth.

In fact, authorities are reporting that the Albuquerque motorcycle accident occurred when the motorcyclist was stopped at a red light at Sevilla and was struck from behind by a van. Remarkably, early news accounts of the fatal Albuquerque motorcycle accident on Montano felt the need to bring up the fact that the motorcyclist was not wearing a helmet. This outrageously insignificant and legally irrelevant fact highlights the strong bias that people have in motorcycle accident cases. Certainly the presence of a helmet would not have prevented this Albuquerque wrongful death accident but it shows the eagerness people have to blame the motorcycle rider.

A New Mexico motorcycle accident lawyer should be prepared to address these biases and preconceptions in order to achieve the highest possible recovery for the client.

September 17, 2009

Roswell Motorcycle Accident - Cases Against Friends and Family

Sadly the number of fatalities is increasing in a Roswell motorcycle accident. The accident initially resulted in two wrongful deaths, however, New Mexico media is reporting that a third accident victim recently lost his life. This particular Roswell motorcycle accident, involving three separate motorcycles has to be one of the worst New Mexico motorcycle accidents in recent history.

While early reports suggest that speed and alcohol may have played a role in the crash, this particular motorcycle accident brings up a question that our motorcycle accident lawyers hear regularly. Accident victims often want to know if anything can be done if a New Mexico wrongful death or injury is caused by a friend or family. Typically, people are hesitant to pursue legal action in these situations for fear that they will be hurting another member of the family. However, the truth is that not pursing such cases rarely results in any benefit.

While our New Mexico accident lawyers are the first to admit that no case is worth breaking apart healthy family bonds, we also remind our accident and injury clients that not all cases require a formal lawsuit to resolve. Typically, if the family member or friend has insurance, a case can be settled without the need to even file a lawsuit. Another way of looking at is is, if the insurance premiums have all been paid, the insurance company essentially has a pile of money somewhere to cover the accident victim's injury or death. The choice is whether to give that money back to the insurance company or use it to compensate the New Mexico accident victims and their families.

All cases that the New Mexico accident attorneys at the Fine Law Firm handle are controlled by the client. That means that if a client says they want to settle a case without litigation, then they are in control.

August 29, 2009

Albuquerque Bike Accident Memorials

Albuquerque bicyclists occasionally make news for unfortunate reasons. However, Albuquerque news is reporting on some mysterious bikes that have been appearing in the city. They are called "Ghost Bikes" and are generally painted white and placed in areas around the city where bicyclists have been hit and killed in New Mexico bicycle accidents.

Similarly to roadside memorials that commemorate motorists killed in fatal accidents, Ghost Bikes serve as memorials for bicyclists. In addition to honoring bicyclists who lost their lives, it is hoped that these memorials also serve as somber reminders to drivers and encourages them to take extra care to prevent future Albuquerque bike accidents resulting in wrongful death.

August 11, 2009

Police Pursuit - What to do when your chasing a moron

New Mexico police pursuit accidents are not the most common type of accidents, but when they occur, often result in serious or even fatal injuries. Typically, the basis of these injury cases involve claims that local authorities did not properly handle a police pursuit and instead, jeopardized the safety of New Mexico public.

News arising out of Iowa seems to reflect good judgment by pursuing officers during a motorcycle chase. A motorcyclist first drew the attention of police by speeding at 90 mph through a construction zone. When officers attempted to pull the motorcyclist over, he increased his speed to a whopping 188 mph. The moron motorcyclist exhibited a sliver of intelligence when he slowed to 158 mph to pass other vehicles.

When the chase entered more populated areas, the police balanced apprehending the suspect and charging him with driving offenses, with the overall safety of the public. This balancing test resulted in the police falling back in following the suspect by air surveillance. When the motorcyclist pulled into a parking garage, the police surrounded the area and arrested him.

While no one can condone the motorcyclist’s driving, the police must be applauded for calling off the chase and preventing what would likely have been a horrific motorcycle accident. In the event that all police officers acted with such judgment and discretion, there would likely not be nearly as many New Mexico police pursuit accidents.