Riding a motorcycle is a cost-effective, enjoyable way to get around, but it comes with serious risks. Other motorists on the road are not always on the lookout for motorcycles, which can lead to terrible accidents. Since motorcycles do not provide much protection during a crash, injuries are often very serious, and sometimes the rider dies as a result of someone else’s driving mistake. Fatal motorcycle accidents in Albuquerque change the lives of families, leaving people wondering what to do next.
Seek legal guidance from an experienced motorcycle accident attorney. We could support you through this hard time and find out if pursuing compensation through a civil lawsuit is the right step.
When a fatal motorcycle crash occurs in Albuquerque, New Mexico Statutes § 42-2-1 makes it possible to file a wrongful death claim if the deceased person died due to the wrongful act or neglect of another person. If the person who died in the crash had survived and would have been able to sue the at-fault party for their injuries and losses, then it is possible to file a wrongful death claim.
Recovered losses are typically granted to the deceased person’s surviving spouse first. If there is no spouse, then the surviving children or grandchildren may gain compensation. If there are no children or grandchildren, the deceased person’s surviving parents may gain compensation, and if there are no surviving parents, the deceased person’s surviving siblings may gain compensation.
The person who can file a wrongful death claim is the deceased person’s personal representative for their estate as listed in that person’s will or the person the court nominates to fill that role in the event that there are no instructions from the deceased person. An experienced attorney could explain the legal situation and the rules for filing a lawsuit.
Unexpected deaths often leave families with unexpected expenses. If the motorcyclist in the accident did not die immediately, there are probably medical fees to pay. If the deceased person was the main supporter of the family, the survivors need to find a new way forward to earn income and stay financially stable. Funeral expenses can also be more expensive than the surviving family ever imagined. Thankfully, in the event of an accident that was caused by someone else, there is hope for gaining monetary compensation.
If a motorist breaches their duty of care for other vehicles on the road and directly causes an accident that kills a motorcyclist, that motorist can be held legally liable for their actions or negligence. There are instances where the motorcyclist may have some fault in the accident. This does not necessarily mean that the other driver is not liable. Instead, there may be comparative fault, which allows the motorcyclist’s loved ones to recover a percentage of the losses. The amount is reduced according to the percentage of fault that is assigned to the motorcyclist.
Because the legalities of a civil lawsuit following fatal motorcycle crashes in Albuquerque can be complicated, it is necessary to hire a lawyer who understands wrongful death law and can help bring about a positive outcome.
Even though reaching out to others seems nearly impossible when you are grieving the loss of a loved one, gaining the support of a local, experienced lawyer is the right thing to do. Fatal motorcycle accidents in Albuquerque do not have to leave the surviving loved ones destitute and struggling to pay bills.
Contact our team today to discuss your legal needs. We are here to support people in our local communities who are hurting.
