New Mexico Personal Injury Lawyer Blog

Last 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.

Continue reading "Motorcyclist Killed on I-25 in Albuquerque " »

A 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.

Continue reading "Motorcyclist Killed in Albuquerque Collision " »

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.

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.

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.

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.

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.

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.

Albuquerque motorcycle accidents are too common. They often require just the slightest lapse in attention from a negligent driver and can result in some of the most serious injuries. A New Mexico motorcycle accident lawyer is aware that many times these cases involve more complex areas of damages and require special attention and care.

Unfortunately, a recent New Mexico motorcycle accident serves as a reminder to just how serious these accidents can be. Police responded to a motorcycle accident on Sunday night involving an SUV that rear-ended an unsuspecting motorcycle rider. The motorcyclist was stopped at Coors and Quail for a traffic light when he was rear-ended by a woman in an SUV. Making matters worse, the injured motorcyclist was pinned under the vehicle and required the assistance of various onlookers to be removed.

Recent reports also suggest that the woman failed a subsequent sobriety test and was arrested. This appears to be a New Mexico injury case in which no amount of money is going to be sufficient to compensate the accident victim. Separate from her criminal charges, the driver of the SUV will likely also be responsible for punitive damages in the event that sufficient insurance coverage exists.

A local Albuquerque television station recently did a report on the requirements necessary to obtain a New Mexico driver's license. Specifically, the report focused on the 25 question driving test in which it is necessary to correctly answer 18 questions to pass. From an Albuquerque personal injury lawyer's perspective, I watched the report wondering if more stringent testing requirements would decrease the number of accidents on Albuquerque streets. Honestly, I don't think it would make much of a difference.

In my experience meeting with victims of Albuquerque car accidents, very rarely can I say that an accident occurred because somebody did not properly tap their breaks or pull over for an approaching emergency vehicle. Instead, accidents occur most often from a lapse in attention, or a conscious decision to drive dangerously and erratically.

Currently, at least according to the news report, drivers must answer 18 of 25 questions correctly. This is essentially asking for a 72%, or C-, grade to pass a driver's test. Even if the necessary score were increased, I do not believe that it is going to prevent some people from speeding, running red lights, or not properly yielding to oncoming vehicles. Simply put, I believe that many Albuquerque car accidents occur because people choose to be risky and dangerous drivers, not that they simply do not understand driving rules.

Nonetheless, it is an interesting report by Shelton Dodson. If you want test yourself, you can try a sample New Mexico drivers license test.

Typically when you hear about a New Mexico motorcycle accident when the driver admits to drinking at a bar beforehand and tests positive for alcohol, you can expect DWI charges to follow. However, apparently the rules change when the suspected New Mexico drunk driver is a police officer.

Steve Lynn of the The Daily Times out of Farmington, San Juan County, reported that following the accident in which the police officer injured his motorcycle passenger, there were no criminal charges other than a misdemeanor careless driving citation. While New Mexico drunk driving lawyers know that the law allows for DWI charges even if the blood test is not the requisite .08, apparently nobody felt compelled to file such charges against the police officer.

Instead, the officer received an "unbecoming conduct" violation for which it is unclear how he will be disciplined. As Albuquerque motorcycle accident lawyers, we handle numerous cases throughout New Mexico and into the Farmington, San Juan County, area. We also encounter numerous cases in which the government, or police officers contribute to causing the accident. You always hoped that the officer will be treated just as if he was any other motorist, however, that is not always the case.

Although I admittedly have not reviewed the police report nor have any inside information into whether or not the Farmington police officer was in fact driving his motorcycle drunk, this case smells.

A recent fatal accident in Taos Canyon leaves a woman coping with her serious injuries while simultaneously mourning the loss of her husband. The accident occurred on November 2nd when a a vehicle crossed the center line and struck the motorcycle head on. The driver was cited for vehicular homicide after his reckless driving was found to have caused the accident.

From a New Mexico motorcycle accident lawyer's perspective, this is an all too common story. The reckless driving charge will likely allow for the pursuit of punitive damages which typically can only be recovered with substantial assets or the victim's own underinsured motorist coverage.

The recent Taos Canyon motorcycle accident highlights that motorcycle accident are often the most gruesome of accident on New Mexico's highways. I do not hesitate when I say that paying for New Mexico underinsured motorist coverage is one of the most important decisions a motorcycle rider can make.