If you’ve experienced a motorcycle accident in New Mexico, you’re not alone. New Mexico’s scenic landscape makes it a prime destination for motorcyclists, which unfortunately also contributes to a higher risk of motorcycle accidents. Data from the U.S. Department of Transportation reveals that New Mexico ranks among the states with the highest motorcycle accident rates per capita.

At Kane Personal Injury, we handle many cases for clients who have had a motorcycle accident in New Mexico. One of the first conversations we have with these clients is educating them on how motorcycle injuries differ from car accident injuries. The injuries sustained in motorcycle accidents are often much more severe and complex than those in car accidents. This difference significantly impacts how motorcycle accident cases should be handled.

Common Types of Motorcycle Injuries Vs. Car Accident Injuries

Motorcycle injuries are inherently different from car accident injuries due to the lack of protective barriers that cars provide. That’s why motorcyclists are four times more likely to be injured compared to occupants of passenger vehicles. They are exposed to the elements, and in the event of a crash, their bodies take the full brunt of the impact and can suffer the following common injuries.

• Road Rash: One of the most common motorcycle injuries is road rash—painful skin abrasions that occur when a rider slides across the pavement. Depending on the severity, road rash can require extensive medical treatment and leave permanent scars.
• Fractures: Motorcyclists are particularly vulnerable to fractures, especially in the legs and arms, as these are the first points of contact when a rider is thrown from the bike. These injuries often require surgery and long-term rehabilitation.
• Head Injuries: Even with a helmet, motorcyclists can suffer significant head trauma in an accident. Traumatic brain injuries (TBIs) are unfortunately common and can have life-altering consequences, including cognitive impairments and emotional changes.

While car accidents can also lead to serious injuries, they are often less severe due to the protective structure of the vehicle and safety features like airbags and seat belts. Common car accident injuries that are rarely, if ever, seen in motorcycle accidents include:

• Whiplash: This is a common injury in rear-end car collisions, caused by the sudden jerking of the neck. While painful, whiplash is generally less severe than some injuries typically sustained in a motorcycle accident.
• Bruises and Minor Fractures: The car’s structure provides significant protection, often resulting in less severe injuries such as bruises or minor fractures that heal with time.
• Airbag Injuries: Airbags sometimes cause minor injuries like burns or bruises during deployment. However, these are usually less severe compared to the injuries motorcyclists face.
  
  

New Mexico Motorcycle Laws and Their Impact on Motorcycle Personal Injury Cases

New Mexico’s motorcycle laws play a significant role in determining the outcome of motorcycle accident cases. Violations of these safety requirements can impact the assessment of liability in personal injury cases.

• Helmets: While helmets are not legally required unless the driver or passenger is under 18 years old, they are known to significantly reduce the risk of severe head injuries. Consequently, the absence of a helmet can affect fault determination and damage calculations in personal injury cases.
• Eye Protection: New Mexico law also mandates eye protection for motorcyclists, unless the motorcycle is equipped with a fixed windshield. This regulation aims to prevent severe eye injuries. 
• Insurance: Motorcyclists must carry liability coverage with minimum limits for bodily injury and property damage. Insufficient insurance can limit a rider’s ability to recover damages, making adequate coverage essential for protecting both the rider’s assets and other road users.
• Lane Splitting: Under New Mexico law, lane splitting is not permitted. Lane splitting refers to the practice of a motorcyclist riding between lanes of slow or stopped traffic.  If a motorcyclist is involved in an accident while lane splitting (or any other reckless driving), New Mexico’s comparative negligence system will determine fault. This system assigns a percentage of fault based on each party’s actions. For example, if lane splitting is found to be 30% responsible for an accident, and the other driver is 70% at fault for reckless driving, the motorcyclist can still recover damages, although the amount will be reduced by their share of the fault.

The Complexities of Motorcycle Accident Cases

State-specific motorcycle laws often create unique complexities that are less common in car accident cases. That’s why we recommend hiring a lawyer who specializes in motorcycle accidents. 

For example, there is often a bias against motorcyclists, with some people assuming that motorcycle riders are more reckless. This bias can affect everything from police reports to insurance claims and even the opinions of a jury.  

Proving fault in a motorcycle accident can also be more challenging than in a car accident. Detailed documentation of the accident scene, witness statements, and expert testimony on the dynamics of motorcycle crashes are critical. Proof of proper helmet use and the quality of riding gear can also be factors in determining the outcome of your case. 

In terms of sustained injuries, victims of motorcycle accidents often require long-term medical care, rehabilitation, and may suffer from permanent disabilities. This impacts not only the immediate medical bills but also future earning potential and quality of life. 

A specialized attorney will know how to navigate biases, build a strong case with evidence, and accurately calculate and fight for the compensation you deserve.

Find an Experienced Motorcycle Lawyer You Trust

If you’ve been injured in a motorcycle accident in New Mexico, contact us for a consultation. We’ll prepare a strategy that accounts for all of the distinct challenges of your case. The nature of motorcycle injuries, along with specific legal considerations in New Mexico, underscores the importance of having an experienced attorney who understands the intricacies of motorcycle accident cases. At Kane Personal Injury, we specialize in handling motorcycle injury cases and are dedicated to ensuring our clients receive the compensation they deserve.