Out-of-state drivers are a common sight in Albuquerque, especially on Interstate 25 or Interstate 40 as they cross north-to-south and east-to-west through the city limits. However, drivers from Texas, Colorado, Arizona, and every other state still have a legal duty of care to act responsibly behind the wheel. They can be held financially accountable for the harm they cause another person by violating that duty.
Albuquerque out-of-state motorcycle accidents tend to make for very different civil claims in practice compared to wrecks that only involve New Mexico residents, and insurance claims that cross state lines can be equally complex. If you want to get the best possible outcome after getting hurt through circumstances like this, you want support from a motorcycle accident lawyer who was born and raised in the Duke City and has years of experience helping people like you get paid fairly for their damages.
The first question on the minds of anyone who gets caught up in a motorcycle crash in Albuquerque involving an out-of-state driver is, “Which person’s state should a lawsuit be filed in?” Fortunately, this question generally has a fairly straightforward answer: the court of the state where a motor vehicle collision actually occurs usually has legal jurisdiction over ensuing civil proceedings, regardless of where the people involved in the collision originally came from.
However, this can come with complications of its own, most of them centered around the fact that the out-of-state person involved in the incident may need to deal with legal proceedings here while still maintaining residence in an entirely different state. Support from a local legal professional in the state where a wreck occurred can be key to managing this process as smoothly as possible, and sometimes even to resolving it without actually needing to physically appear before a court in a different state.
Another unique complication to the financial recovery process following an Albuquerque out-of-state motorcycle wreck is the fact that different states have different minimum insurance requirements that drivers must fulfill. For example, New Mexico motorcycles have to buy motorcycle insurance policies providing $25,000 of liability coverage for one person’s physical injuries, $50,000 for all physical injuries, and $10,000 for all property damage stemming from a single collision, but the coverage requirements for residents of neighboring Texas are respectively $30,000, $60,000, and $25,000.
As a result, the amount of money that a person injured in a motorcycle wreck caused by an out-of-state driver can demand through an insurance claim may be different from the amount they could demand from an in-state driver with a roughly equivalent policy. Being able to account for differences in coverage like this is one of many reasons why seasoned legal professionals recommend that motorcyclists pay a little extra in monthly insurance premiums for things like uninsured/underinsured motorist coverage.
Dealing with the financial, physical, and personal losses caused by a motorcycle wreck is never easy, especially if your injuries are expected to last a long time. However, that recovery process can get even more challenging to go through alone if you need to demand compensation from someone who does not live in the same state as you—especially if they return to their home state before you can get the restitution you need.
A seasoned lawyer could provide the custom-tailored support you need to recover fairly after an Albuquerque out-of-state motorcycle accident. Learn more by calling today.
