What Are Lane Sharing Accidents?

Lane Sharing Accidents

Lane sharing accidents are a common source of injury and wrongful death for motorcyclists. Lane sharing, also called “lane splitting,” “filtering forward,” or “stripe-riding,” depending on the specific circumstances, is surrounded by confusion in many people’s minds. Generally, it refers to any activity in which more than one vehicle uses the same lane adjacent to one another (as opposed to behind or in front of one another). Because motorcycles are much narrower than other vehicles, it is easy and often relatively danger-free for them to engage in lane sharing, especially between two motorcycles. But is it legal? Here is how New Mexico state law addresses this activity:

  • Nearly all states prohibit lane sharing, with the exception of California and New Mexico.

  • There is no individual law in NM that addresses lane sharing.

  • However, lane sharing often violates one or more traffic laws—turn signal requirements for changing lanes, for instance.

In short, it is not technically illegal for motorcyclists to share lanes. It is incumbent on motorcyclists, though, to ensure that they are following all traffic laws while riding and not endangering themselves or others on the road.

Fault in Lane Sharing Accidents

Establishing fault in lane sharing accidents is not much different from handling other traffic accidents. The confusion over lane sharing in the minds of many people, including insurance agents, accident victims, and even some lawyers, can muddy the waters and may even cause victims to pass up the opportunity to fight for a fair settlement from the responsible party. Before giving up on your case, remember the following:

  • Even if you were sharing a lane, you may not have been contributing to an unsafe situation.

  • By sharing a lane, you did not automatically violate the law and disqualify yourself from compensation.

  • If a reckless driver injured you, lane sharing behavior does not excuse him from making things right.

  • Only a qualified personal injury attorney can make an accurate evaluation of your rights in an accident.

In a free consultation, you can talk with one of the expert lawyers of Killian Davis Richter & Mayle and get a personal evaluation.

Dealing with Lane Sharing Accidents

Because of the significant legal confusion surrounding lane sharing accidents, it is best to avoid court-appointed or discount lawyers for representation. We have many years of experience representing traffic accident victims, and we know how to recreate even a complex accident like yours to determine who was responsible for it. Your attorney will:

  • Act quickly to preserve perishable evidence and the testimony of witnesses with short memories

  • File all court paperwork accurately to avoid costly delays

  • Confront insurance companies and negotiate a fair settlement total for you

  • Take your case to court and make sure your legal rights are preserved

Equipment Failure and Bicycle Accidents

Bicycle Accidents

Bicycle accidents can have multiple causes: difficult terrain is among the most common, but also equipment failure, and motor vehicle interference or collision. Injuries from these accidents range from minor cuts and scrapes to traumatic brain injuries, paralysis, and even death. No matter the cause or severity of your accident, if you have been injured and need medical attention you may also be able to receive a settlement from a personal injury or product liability lawsuit.

Cyclists commonly take risks by the very act of riding a bike. Whether you are a commuter riding on the roads, a professional racing cyclist, weekend warrior cardio guru, or a mountain biker braving the trails of New Mexico, you have probably had your fair share of spills and road rash. Sometimes injurious bicycle accidents are caused by a third party either directly or indirectly; in such cases, seeking help is the right thing to do. Even the most skilled athlete can be involved in an accident, so don’t let your injured pride stop you.

It is always important to wear a helmet while cycling. You trust that your gear will protect you, and perform the way it is supposed to. But what if your equipment fails? Equipment failures can cause serious injuries, and include events such as:

  • Brake failure

  • Chain malfunction or breakage

  • Bicycle frame failure

  • Pedal and clip malfunction

You need someone with experience dealing with large corporations and legal issues to be on your side. Your equipment should protect you, not cause or magnify an accident.

Bicycle Accidents with Other Vehicles

Drivers are conditioned to look for other vehicles but do not always think to look for a bicycle. The laws about operating a bicycle state that it should be driven on the road in the same direction as traffic, or on a specified bike path. But the road can be a dangerous place. Even if the driver of the vehicle was not paying attention or did not see you, they have some responsibility to avoid cyclists. Auto insurance makes provision for bicycle accidents so don’t be afraid to get help.

Bicycle accidents involving a collision with a motor vehicle can be fatal to a cyclist and it is critical to seek medical attention for potential long-term effects. Even if you don’t think your injuries are significant at the time, after the adrenaline wears off you may notice additional and possibly serious injuries including:

  • Concussion

  • Traumatic brain injury

  • Neurological problems or memory loss

  • Spinal injury

  • Chronic pain

A Bicycle Accident Settlement

Without legal assistance you may get stuck paying for medical care out of your own pocket. Victims of bicycle accidents may need:

  • Emergency room visits

  • Continued medical treatment and tests

  • Medication

  • Rehabilitation or hospitalization

What Are the New Mexico Helmet Laws?

Helmet Laws In New Mexico

There is no federal law about helmet use while riding motorcycles; rather, each state establishes its own requirements. New Mexico’s law is relatively simple:

  • Motorcycle riders under age 18 must wear a helmet

  • Passengers are included under the law

  • Helmets must meet the state’s predetermined requirements

  • When selling a motorcycle to a minor, the seller must confirm that the buyer owns an approved helmet

If a motorcycle rider or passenger is age 18 or older, he does not have to wear a helmet. Of course, it is a good idea to wear a helmet and other safety features for protection while riding, but New Mexico state law does not require it. If a motorcyclist suffers injury or death in an accident, an insurance company may not refuse to pay because he was not wearing a helmet.

What the New Mexico Helmet Law Means

In states with strict helmet laws, insurance companies may try to claim that, because a rider was disregarding his own safety by neglecting to wear a helmet, he partially contributed to his own injuries. In New Mexico, however, this strategy does not apply. In fact, the legal code stipulates that, even if a minor is not wearing a helmet, he should not be considered guilty of “contributory negligence.”

  • New Mexico drivers must take extra care to avoid colliding with motorcyclists because they may not be wearing helmets.

  • Many biking injuries in the state are more serious than they would be if helmets were required.

  • Riders and passengers under age 18 must wear an approved helmet in order to do everything possible to protect themselves in the event of an accident.

After a Motorcycle Accident

Whether or not a rider wears a helmet, a collision with another vehicle is usually disastrous. There are several disadvantages that motorcyclists have on the roads:

  • Lack of doors, windows, and walls to protect the rider during an accident

  • Small size of motorcycle makes it hard for drivers to see when changing lanes

  • Prejudice against motorcycling causes some drivers to act aggressively around bikers

  • Falling off a bike and coming in contact with the road is likely to cause serious injury, whether or not the rider is wearing a helmet