Under New Mexico state law, it is illegal to operate any kind of motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more or while otherwise meaningfully impaired by any substance. Unfortunately, a lot of drivers still choose to drive drunk on a regular basis—and even worse, they sometimes end up colliding with and severely injuring other people.
If you have been seriously hurt in a motorcycle wreck caused by a drunk driver, you likely have strong grounds to take legal action against that driver and demand compensation from them for your crash-related losses. However, even cases as seemingly straightforward as this can be deceptively tricky to pursue without a skilled attorney’s help. Contacting and retaining an Albuquerque drunk driving motorcycle accident lawyer should be among your top priorities in the wake of such an incident.
Because drunk driving is illegal, it is a textbook example of a violation of the duty of care all drivers have to act lawfully and responsibly behind the wheel. If a drunk driver collides with and injures a motorcyclist, they are likely to be considered legally at fault for that motorcyclist’s ensuing losses since their breach of duty meets all the criteria necessary to be considered legally actionable negligence.
The fact that another person involved in a motorcycle wreck was drunk does not absolve the motorcyclist of any liability for their irresponsible actions—for example, speeding or failing to keep to one traffic lane while near the drunk driver. Any finding of comparative negligence assessed against the motorcyclist may lead to the court denying a proportional amount of the compensation to which they otherwise would have been entitled. An Albuquerque drunk driving motorcycle accident attorney could work on an injured rider’s behalf to prevent reduced compensation.
In a civil claim over a drunk driving motorcycle crash in Albuquerque, an injured person and their lawyer could demand compensation for the full value of all economic and non-economic consequences of that crash. This can include both short-term and long-term forms of harm like:
However, it is important to take action sooner rather than later after an accident like this since New Mexico Statutes § 37-1-8 generally allows a maximum of three years after an injury first occurs for any lawsuit based around that accident to begin.
Drunk drivers put themselves and everyone around them at risk of serious harm every second they spend on the road. If you have recently been hurt in an accident caused by someone acting irresponsibly in this way, you may have limited time to explore and enforce your right to civil recovery.
Support from a knowledgeable Albuquerque drunk driving motorcycle accident lawyer with years of experience handling cases like this can be essential to achieving the best resolution for your unique claim. Call today to set up an initial meeting.
