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One of the most common excuses in any type of motor vehicle accident is “I didn’t see you.” That is obviously the truth. Because if a person saw the other vehicle there, they probably would not have turned into or collided with that vehicle. But unfortunately that is still a common excuse for motorcycle accidents. It is also probably the truth. This is because motorcyclists are commonly overlooked and not seen on the roadways. As a result, it is common for motorcyclists to be seriously injured and wrongfully killed in a motor vehicle accident occurring in New Mexico. Our Albuquerque personal injury lawyer explains why “I didn’t see you” is not an excuse for a motorcycle accident in New Mexico.
Here at the Caruso Law Offices, P.C., our Albuquerque personal injury lawyer knows how deadly and devastating any type of motorcycle accident could be. We have dedicated our law firm to representing victims and their families who have been seriously injured or wrongfully killed in any type of personal injury accident, including motorcycle accidents. Learn how we can help protect your rights to compensation by calling for a FREE consultation.
The often used excuse “I didn’t see you” happens a lot for motorcyclists. This is because a motorcycle is smaller and more compact. Many motorcycles are also black, silver, chrome, or grey which blends in with the road. Also only seeing one headlight at night could make a motorist believe it is a car in the distance rather than a motorcyclist.
In addition, the thinner profile of a motorcycle makes it harder to see and harder to gauge the distance. Victims who are seriously injured in these types of motorcycle accidents will typically be told they were not seen due to these inherent traits of a motorcycle.
Under New Mexico law, a party may try to avoid liability by claiming they have a legal excuse or defense. This is not the same type of defense or excuse for other conduct like stepping on someone’s foot. Rather, these defenses most be recognized under the law.
“I didn’t see you” is not generally an excuse. This is because all motorists owe a duty of care to exercise reasonable care in the use or operation of their motor vehicle. This requires motorists to see what there is to be seen, and hear what there is to be heard. This means that a motorist will need to check mirrors and check blind spots before changing lanes, or looking forward at where a vehicle is going to turn before turning. This requires motorists to not be distracted or intoxicated. And it requires motorists in adverse weather conditions such as dust storms, heavy rain, or when there is sun in the driver’s eyes to slow down or stop until movement can be resumed in a safe manner.
The only time that a driver could use “I didn’t see you” as a possible excuse is if a motorcyclist at night did not have any lights on. This is not very logical, as a motorcycle at night is very difficult to maneuver without a light and a driver would immediately notice his or her motorcycle’s lights were off and turn them back on.
If you or a loved one were seriously injured in a New Mexico motorcycle accident, please call the Caruso Law Offices, P.C. to learn how we can help protect your rights to compensation. We offer FREE consultations and do not get paid until you get paid in a settlement or court recovery. Contact us today to learn how we can help you by scheduling an appointment 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.