Understanding Your Rights After a Fatal Motorcycle Accident in New Mexico
While motorcycles are fun, they can be very dangerous. Motorcyclists may be the least protected type of motorist on the roadway. They have no air bag or side curtain, and not even a door or other metal structure around them like a driver of a car has. Motorcyclists are also harder to see on the roadway because of their thinner profile. This means that a motorcyclists is not only more susceptible to personal injury, but also harder to see. As a result, many catastrophic or fatal motorcycle accidents occur each year throughout the United States. Our fatal motorcycle accident lawyer in New Mexico knows this to be true, and it can be a serious problem for families.
This is because the unexpected death of a loved one comes with unexpected emotional and financial turmoil. Many times a loved one who is wrongfully killed could be the breadwinner and supporting the family. Other times the loved one suffered significant medical expenses and emergency medical costs before passing. Sometimes both of these situations are true, which is only magnified by the high costs of funerals and burials. If you lost a loved one in a motorcycle crash, ask our fatal motorcycle accident lawyer in New Mexico for help with your case to learn how we can protect your rights to compensation under the law.
What is a Wrongful Death?
Under New Mexico statutes section 41-2-1, a wrongful death is defined as a death “caused by the wrongful act, neglect, or default of another.” Some common examples of a wrongful death in a motorcycle accident case include the following:
- Following too closely
- Running a red light
- Running a stop sign
- Falling asleep while driving
- Failing to check mirrors for a motorcyclist
- Failure to yield
- Improper left turn
- Sideswiping a motorcycle
- Drunk driving
- Drugged driving
- Fatigued driving
- Distracted driving, and many other causes.
If a motorist collides with a motorcyclist due to any of these causes and it results in the death of a motorcyclist, it is likely to be a wrongful death under New Mexico law.
What Can a Family Do After a Wrongful Death?
After the wrongful death of a loved one, a family only has a certain amount of time to file a lawsuit. This is known as the statute of limitations period and it is a time limit on bringing a lawsuit. Generally, the statute of limitations is three years from the date of death. However, there are many exceptions that could shrink this time period or expand it. It is always best practice to ask an experienced fatal motorcycle accident lawyer in New Mexico how long you have to file.
A personal representative of the deceased is the individual who should contact the lawyer and can commence an action. Generally, the personal representative is a surviving spouse or adult sibling. In some instances, a child may also be able to commence an action.
Ask the Caruso Law Offices, P.C. for Help
If you or a loved one were seriously injured in a motor vehicle accident, or if a loved one was wrongfully killed in a motorcycle accident in New Mexico, ask the Caruso Law Offices, P.C. for a FREE consultation to learn how we can begin to protect your rights today by dialing (505) 883-5000.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.