Motorcycle Accidents are Common

Motorcycle Accidents, Random Posts

For all its excitement, appeal, and adventure, biking has its dangers: motorcycle accidents are tragically common through the United States, and the beautiful state of New Mexico is no exception. Tourists and residents alike who ride through the deserts, forests, and cities of the state face the possibility of injury and death on a regular basis. Some accidents are due to natural causes and are unavoidable, but those only account for a small percentage of crashes. Far more often, the cause is one of these human factors:

  • Vehicle drivers failing to see motorcyclists. This problem is magnified for drivers of very large vehicles, such as tour buses, moving trucks, and tractor trailers.
  • Drivers simply displaying reckless behavior around motorcyclists, because of frustration, hurry, or simply a dislike for motorcycles.
  • Dangerous road conditions created through negligence on the part of the agency responsible for maintenance
  • Faulty equipment on the motorcycle itself

Victims of motorcycle accidents in New Mexico should never assume that they were completely at fault without consulting with a personal injury lawyer first. In a free consultation with Killian Davis Richter & Mayle, you can find out if you are eligible for compensation for your accident.

Fault in Motorcycle Accident Cases

Establishing fault is one of the most important components of your personal injury case. If your case goes to trial, the court will try to decide whether:

  • You were entirely at fault, causing the accident through recklessness or negligence
  • Both parties were partly at fault, sharing the blame for any injuries that occurred
  • The other party (driver, maintenance agency, or manufacturer) was entirely at fault and is responsible to fully cover your recovery costs

Insurance companies for drivers and companies often try to claim that the motorcyclist contributed to the accident, but the truth is that in many cases, drivers simply do not extend to bikers the attention and courtesy that they give other drivers. For example, they may suddenly merge into another lane, cutting off a motorcyclist and causing them to crash. An insurance company might try to argue that the motorcyclist was partly responsible for the accident, although the driver was completely at fault.

Justice for Motorcycle Accident Victims

Riding a motorcycle does not mean that you have fewer rights than the other drivers on the road. We are committed to helping victims get the help they need to recover after an accident caused by negligence. When we take your case, we quickly:

  • Assemble whatever evidence and testimony is available to prove the other party’s responsibility for your injuries
  • Write up a demand based on your injuries, property damage, lost work, and other present and future expenses
  • Use our experience in similar cases to win you a fast, fair settlement
  • Take your case to court if necessary and fight to have you treated fairly under the law

Defective Motorcycles Sold to Consumers

Defective Motorcycles

The investment in a motorcycle and the choice to entrust life and well-being to the best bikes on the road, automatically implies an expectation that during production and testing everything has been done to create a motorcycle that is trustworthy and safe. But when an accident happens and despite the horror of the idea, it is important to remember that defective motorcycles do hit the market. Even trusted companies can inadvertently sell bikes that have serious defective functions or parts.

  • Defective motorcycles can result from one or more defective parts.

  • Defective motorcycles can cause serious accidents when bikes malfunction and cause the driver to lose control.

  • Defective motorcycles have slipped through the production lines of major, trusted motorcycle companies such as Harley Davidson. The wobble that resulted from defects that created severe risks when the bikes reached high speeds has become notorious for the danger it created to bikers.

Motorcycle Companies Are Responsible for Defective Motorcycles

The responsibility for defective motorcycles lies with the company that produces the bike. Since customers purchase these motorcycles with the confidence in the promises of quality production and testing, the weight of communication about defects rests on the production company. Any failure to communicate concerns or defects to customers results in specific and dangerous liabilities.

  • Manufacturers are liable for defective parts or functions that create a defective motorcycle.

  • Manufacturers must properly communicate as soon as hazards are discovered.

  • Manufacturers carry complete responsibility for accidents that result from defective motorcycles.

Defective Motorcycle Cases Demand an Expert

Since the ramifications of producing a defective motorcycle are so vast to manufacturers, cases involving defective motorcycles can be extremely difficult. Additionally, the appropriate evidence for a defective motorcycle requires technical and engineering expertise that can be adequately incorporated into careful arguments and convincing presentations of details. Those who suspect a defective motorcycle as the cause of an accident should find a trusted representative to adequately gather and dispense the evidence that is necessary for the case to turn out in the favor of the individual over the large companies.

  • Motorcycle companies will fiercely fight any charges connected to defective motorcycles and accidents.

  • Victims of accidents involving defective motorcycles must seek out a skilled and experienced attorney to represent their case adequately and thoroughly.

  • An effective lawyer presenting a defective motorcycle case will consult technical and engineering specialists who will provide adequate evidence.

  • A committed attorney in a defective motorcycle case will carefully interpret and apply the technical data in order to defend the rights of the individual.

New Mexico Car Accidents

Car Accidents

Of the over three hundred million people in the United States, about six million will experience a car accident in 2013–That means one out of every fifty people in our nation. Car accidents in the United States are commonly viewed as simple collisions between two or more vehicles; however, that accounts for a smaller percentage of car accidents than you might think. Mechanical failure is also a huge factor in vehicular accidents, whether those failures result from a manufacturer defect, or from negligent auto maintenance. Accidents may result from environmental conditions such as hail or flooding, or from a poorly maintained road or parking lot. Unfortunately, nearly all car accidents in the United States are preventable, which means that in most cases it would be advisable to consult with a New Mexico personal injury attorney if you are involved in an auto accident. You may find that blame for the incident lies with any one of the following:

  • Vehicle manufacturer

  • Owner or maintainer of the property on which the incident occurred

  • Those responsible for creating any environmental hazard that contributed to an accident

  • Other drivers involved in that accident

  • Manufacturer of the vehicle component which failed prior to an accident

  • Individual or company which performed maintenance on vehicle which led to the collision

Car Accidents Due to Mechanical Failure

Two types of liability exist under the category of mechanical failure: liability against manufacturers, and liability against individuals or companies which service vehicles. News shows are rife with condemning stories on vehicle or component failures which cost lives. One of the most astonishing examples was Ford’s massive public indictment–which led to a recall–of the Ford Explorer. Those vehicles were improperly balanced, allowing them to tip over far too easily in some turn situations. The result may have been over two hundred deaths. The case also led to a recall from Firestone Tires, which severely damaged the company’s reputation.

Improper or negligent maintenance may also contribute to an accident. When a driver ignores his or her mechanic’s warnings to get a brake job, and those brakes fail, an accident–fatal or otherwise–may result. Other examples of negligent maintenance include:

  • Failure to get an oil change, resulting in destruction of the engine

  • Improper tire maintenance, leading to tire failure and resulting car accident

  • Allowing wiper blades to fail, obscuring driver vision during inclement weather

  • Rough driving, causing early failure of brakes, transmission, etc.

Car Accidents Between Two or More Vehicles

The most known cause of car accidents is, of course, a vehicular collision. Such collisions might be as simple as a scrape in a car parking lot, or as horrific as a high speed head-on collision. Factors known to result in vehicular collision are many, though the most common cause is impaired driving. Examples of impaired driving are all too familiar:

  • Drunk Driving

  • Texting or speaking on the phone while driving

  • Driving while fatigued

  • Driving while physically impaired due to injury or sickness

  • Driving under the influence of drugs, legal or otherwise