Albuquerque Bicycle Accident Lawyer

Albuquerque Bicycle Accident Attorney

Bicycle accident injuries can cause severe injuries to cyclists, including head trauma, spinal cord injuries, bone fractures, cosmetic injuries, and internal injuries. If you have suffered any of these injuries from a bicycle accident, contact an Albuquerque bicycle accident lawyer to discuss your rights to file a personal injury claim against the at-fault driver who caused your accident.

Youngers Law is a competent personal injury law firm with experienced lawyers and knowledgeable legal staff who share a commitment to protecting their clients’ rights. Our 30 years of legal experience can be an invaluable asset in your bicycle accident case. We believe our small-firm approach is ideal for representing personal injury claims and advocating for fair and justified personal injury settlements for all of our clients.

What Damages Can Be Compensated in a Bicycle Accident Claim?

There are over 400 miles of bike trails and paths in Albuquerque, including the Paseo Del Bosque Trail and the Foothills, for people who enjoy mountain biking. However, bikers do not only ride in these recreational areas. In 2023, 125 bicyclists in Albuquerque were involved in bicycle-vehicle collisions, including three fatalities.

Just like a car accident claim, a bicycle accident claim can recover damages incurred by an injured bicyclist. Possible losses in a bicycle accident include:

• Emergency room visits
• Medical expenses
• Rehabilitation expenses
• Lost wages
• Transportation costs
• Emotional damage
• Pain and suffering
• Punitive damages
• Damage to property, such as repairing or replacing the victim’s bicycle.

In some cases, an Albuquerque bicycle accident lawyer might recommend that their client wait to settle their claim. Serious bike accident injuries often lead to mounting hospital bills and lost income. When a victim in a personal injury case is still recovering from injuries caused by their accident, it can be beneficial to wait until they reach maximum medical improvement (MMI). MMI is the date after which further recovery from or lasting improvement to an injury can no longer be reasonably anticipated based upon reasonable medical probability as determined by a health care provider.

This is because insurance companies would rather not overestimate the total cost of care in advance. Once care is complete, however, the entire cost of all damages can be recovered in the final settlement.

Before giving a settlement check in relatively high-dollar settlements, insurance companies may conduct an extensive investigation of the accident to uncover any potential opportunity to deny the claim or reduce the settlement amount. For this reason, it is important that injured victims be examined by a medical professional as soon as possible to document injuries and their medical records as proof that the injuries were a result of the accident.

Otherwise, the insurance investigators may conclude that there was a pre-existing condition that was merely aggravated by the accident. This can affect the settlement amount.

Comparative Fault in Albuquerque Personal Injury Cases

Proving the liability of the driver is one thing, but insurance companies will also attempt to find evidence that the bicyclist was at fault or partially at fault to reduce the settlement amount. New Mexico practices comparative fault in personal injury claims.

Comparative fault means that a driver and a bicyclist can both be at fault for an accident to some degree. The percentage that the driver is found to be at fault will automatically assign fault to the bicyclist for the remainder of the liability. New Mexico’s comparative fault rules mean even partially responsible cyclists might recover some damages.

The amount of liability assigned to each party may affect the amount of damages the plaintiff can recover. Insurance adjusters want to award the least amount of money possible, so finding the other party at fault to some degree can work in their favor to diminish the final settlement costs for the insurance company.

If a case goes to trial, it is up to a judge to determine the distribution of costs or damages. This is why it is important to have an experienced Albuquerque bicycle accident lawyer on your side to advocate for your right to obtain the fairest settlement for your bicycle accident injuries.

Common Bicycle Accident Injuries

Some of the most common types of bicycle accident injuries are head injuries. Traumatic brain injuries and concussions are common in these types of collisions, which is why it is so important for bicyclists to wear helmets that feature safety standards that provide the highest protection for the skull and face. Broken bones are also common, while internal injuries are less common.

Cosmetic injuries are also common injuries that result from bicycle accidents. These include soft tissue injuries, facial trauma, dental trauma, and road rash. Facial scarring is often a consequence of bicycle accidents and can physically alter a victim’s facial structure, features, or skin.

In some cases, these individuals require reconstructive surgery or plastic surgery to return their physical appearance as close to its original look as possible. The good news is that medical expenses for cosmetic treatment can be recovered in a personal injury settlement.

FAQs

How Much Compensation Can I Receive for a Cycling Accident?

The amount of compensation you can receive for a cycling accident depends on your case and damages. Every cycling accident case is different, and there is no standard compensation amount or average settlement amount. The biggest determining factor of a settlement is the extent of the victim’s injuries. Compensation may include the cost of surgeries, rehabilitation, and even lost wages, all of which can vary greatly between cases.

Can You File a Claim for a Bicycle Accident?

You can file a claim for a bicycle accident in Albuquerque. Anyone who is involved in a collision of any type has the right to file a personal injury claim against an at-fault party for the damages and losses they incurred as a result of the accident. If a bicyclist is found to be 100% at fault for an accident, then they have no right to compensation. However, even if they are found to be 99% at fault, they are still entitled to one percent of compensation.

Who Is at Fault if a Car Hits a Bicycle?

If a car hits a bicycle, the fault of the collision falls on either the driver or the bicyclist, or both. If the bicyclist was not breaking any laws, they would likely be named not at fault, and the driver would then be 100% at fault. However, if the bicycle is ridden out into the street in front of the car, then the cyclist may be 100% at fault, or they may both be named in comparative fault.

What Is the Most Common Injury in a Bike Accident?

One of the most common injuries in bike accidents is head injuries. In fact, one study found that 70% of bicycle accident injuries impact the head, most commonly subdural and extradural hematomas, followed by fractures of the skull. This is why helmet use is one of the most important parts of bicycle safety.

Contact Youngers Law Today

Albuquerque is working towards zero fatalities and has incorporated road improvements into city planning that make conditions safer for bicyclists. Albuquerque last adopted a combined Bike and Pedestrian Plan in 2021 and has worked hard to reach the goals of its commitment to safer roads.

When it comes to successfully obtaining a personal injury settlement for our clients, Youngers Law offers the experience and quality legal representation that can win cases. To get in touch, call 505-499-4582 (Santa Fe) or 575-988-9857 (Las Cruces). Contact Youngers Law today to set up an initial consultation with an experienced rideshare accident lawyer.