I Was Hit While I Was On My Bicycle, Am I Entitled To Compensation? 

child bicycle accident

As a cyclist, you’re probably used to a certain amount of danger and vulnerability while on the road. Unlike everyone else, you’re not surrounded by a cage of metal and airbags to protect you when you get in a collision. This means when something happens to you, it can be very serious. 


Severe injuries on a bicycle can happen in seemingly ordinary situations at relatively low speeds. A car that’s only going 20pmh can seriously hurt a cyclist if the collision happens at the right angle. In fact, nearly 80% of bicycle accidents result in injuries, and between 1-2% of them end in fatalities. 


If you’ve been injured by a car while on your bicycle in New Mexico, you may be entitled to compensation. Your main priority should be getting in touch with the Law Office of Brian K Branch. As an experienced New Mexico motorcycle/bicycle attorney, they can help get you the results you need in the courtroom. 


What are the laws regarding bicycle accidents?


Bicycles have to follow all the same rules as cars, but in most situations, motorists have to yield to bicycles. It doesn’t matter that cyclists are slower, motorists still have a responsibility to look out for them at all times.


New Mexico’s courts use what’s known as “comparative negligence” when looking at who’s at fault in an auto accident, regardless if it’s between two cars, a car and a bus, or a car and bicycle. 


This means that after looking at all the circumstances of the crash, fault may be distributed between both parties involved rather than pinning the whole thing on one person. It may be evenly split at 50/50, or one party may be 80% responsible while the other is 20% at fault. 


How the fault is distributed affects your compensation


Let’s say you have $10,000 in personal injury damages. If the accident was completely the other party’s fault, then you might end up getting that entire amount. But if some of your own negligence contributed to the accident, then the courts may decide that you’re 20% at fault, and this would result in only getting $8,000 in damages.


Some of the common things that lead to bicycle accidents are: 


  • Negligence of the driver
  • Alcohol
  • Bicycles going through stop signs 
  • Speed on the part of the motorist
  • Bicycles not using turn signals 
  • Not wearing a helmet or following proper safety guidelines


Were you injured on your bicycle by a negligent driver? 


The Law Office of Brian K Branch helps people all across New Mexico pursue insurance claims, and win damages in court for their auto accident-related injuries. Get in touch today so they can begin the legal process right away.


The Law Office of Brian K Branch


715 Marquette Ave. NW

Albuquerque, New Mexico 87102

Tel: 505.764.9710

Toll Free: 888.972.1212

Fax: 505.764.9722