Albuquerque Bicycle Accident Lawyer

Experienced Albuquerque Bicycle Accident Attorney

A bicycle accident can be incredibly jarring and may cause serious injuries. Colliding with a vehicle while on your bike can lead to road rash, traumatic brain injuries, and broken bones. When the driver failed to look out for bicycles or violated the rules of the road, they could be held liable for the cost of your injuries. An Albuquerque bicycle accident lawyer can help you file this claim.

Getting fair compensation is crucial when these accidents leave you with serious injuries requiring medical treatment and time off work. The right injury attorney manages your case while you recover.

Albuquerque Personal Injury Lawyer: Sutten Law Group

At Sutten Law Group, we want to help you get justice. Our team has more than two decades of legal experience, and we are proud to help injured individuals in our community get the compensation and support they deserve. We know how disorientating these incidents can be, and our firm offers candid and responsive legal representation. It’s important to us that we offer personalized and comprehensive legal care to every client and build lasting relationships.

We can help you navigate personal injury claims with insurance companies or with the Second Judicial District Civil Division in Albuquerque. The firm is unafraid to take your case to court when it is in your interests, and we prepare for trial diligently.

Bicycle Accidents in New Mexico and Albuquerque

When bicyclists are involved in vehicle collisions, the bicyclist is much more likely to deal with severe injuries. The New Mexico Department of Transportation (NMDOT) reported that there were 355 crashes that involved pedalcyclists in New Mexico in 2024, which was 0.8% of all crashes. In 2023, NMDOT reported 125 pedalcyclists in vehicle crashes in Albuquerque, resulting in:

• Three fatalities
• 11 suspected serious injuries
• 59 suspected minor injuries
• 39 possible injuries
• 13 pedalcyclists with no injuries

After a crash, bicyclists can file a claim with a negligent driver’s insurance company to recover damages. Because these collisions can leave you with costly medical treatment, significant damage to your bike, and potentially days or weeks where you can’t work, this compensation is essential to protect your wellbeing.

Forty-three pedalcyclists in Albuquerque were involved in hit-and-run accidents that year. In these accidents, it can be harder for a cyclist to recover compensation, but it isn’t impossible. An attorney can help you assess your options in these and other complex accident cases.

How Do You Hold a Driver Liable?

Liability is important after a bicycle accident because the liable party is legally and financially responsible for the damages you suffered in the crash. In order to have a successful personal injury claim after a bicycle accident, you have to prove the following elements:

1. Duty: The driver owed you a duty of reasonable care.
2. Breach: The driver breached the duty they owed you, usually because of negligent behavior.
3. Causation: The driver’s breach of duty was the cause or primary cause of your accident and injuries.
4. Damages: The incident caused you legally recognized damages.

There are many ways drivers can be negligent and cause an accident, including:

• Failing to yield the right of way to a bicycle
• Not paying attention to the roadway
• Failing to check blind spots
• Distracted driving
• Speeding
• Reckless operation
• Impaired driving

Cyclists could also carry some blame for an accident. Under the state’s comparative negligence laws, however, this may not prevent you from recovering damages. Your compensation can be reduced by the percentage fault you carried, but you could still get a portion of damages.

What Damages Are Possible in a Bicycle Accident Claim?

The damages you can get in a bicycle accident claim depend on the damages you sustained as a direct result of the collision. This may include:

• Existing medical bills
• The cost of future medical treatment or complications
• Lost income and benefits
• Impact to your earning capacity
• Costs to repair or replace your bicycle and other personal property
• Pain and suffering damages

In some cases, a bicycle and vehicle collision leads to fatal injuries. Families could recover damages in a wrongful death claim to hold the at-fault driver accountable.

FAQs

What Are the Bicycle Laws in New Mexico?

Bicycle laws in New Mexico give bicyclists the same rights and responsibilities as drivers on the road, and cyclists must follow traffic laws.

Bicycle laws prohibit grabbing or attaching a bicycle to a vehicle, multiple people on one bike designed for one person, and carrying any article that gets in the way of the cyclist putting one hand on the handlebars. Failing to follow these or other bicycle laws is a misdemeanor.

What Happens If You Accidentally Hit a Cyclist With Your Car?

If you accidentally hit a cyclist with your car, you should check if they are okay and call for emergency medical treatment if needed. If you were to blame for the accident, you can expect the cyclist to file a claim with your insurance provider to recover the cost of their medical treatment and other financial losses. The cyclist has to show that you acted negligently and this caused their injury for a claim.

Is New Mexico a No-Fault Accident State?

No, New Mexico is not a no-fault accident state but a fault-based accident state. If you are in any type of vehicle collision, you can recover the cost of your financial losses by filing a claim with the insurance company of the at-fault driver. Bicyclists who are injured by negligent drivers can recover compensation through an insurance claim. If the negotiations for the insurance claim are unsuccessful, the case may go to court in a personal injury claim.

Who Is at Fault When a Car Hits a Cyclist?

When a car hits a cyclist, the driver is more often at fault, but this isn’t always the case. Every accident is unique, and either the driver or the cyclist may have acted negligently and caused the collision. There may be cases where third parties are to blame, such as the manufacturer of a defective bike or car part. In 2024 in New Mexico, 22.1% of pedalcyclist injury collisions were caused by driver inattention, according to NMDOT.

Hire a Bicycle Accident Lawyer in Albuquerque

When you hire a bicycle accident lawyer at Sutten Law Group in Albuquerque, we can help you protect your rights and get the compensation you are owed. Contact us today.