Can I file a claim or lawsuit against a driver who hit me while I was riding my bike?
Yes, you are able to bring a claim against a driver if they were the cause of the accident. If the driver displayed signs of negligence, such as driving while intoxicated or driving distracted, it will help to support your case even more. In the state of New Mexico, if you are injured by another person or party, you can file what is known as a personal injury lawsuit. If you are seeking damages up to $10,000, your claim will be filed in small claims court. If the amount exceeds $10,000, you will take your case to a district court.
The district court that is located closest to the city of Rio Rancho, NM is located at:
Second Judicial District Court
400 Lomas Blvd NW
Room 119, 1st Floor
Albuquerque, NM 87102
It is important that you enlist the help from one of our top accident attorneys in Rio Rancho as you want to ensure you meet the burden of proof requirement and that you file your claim before the statute of limitations expires. The burden of proof is evidence that identifies how the driver was negligent or reckless which led to the accident occurring.
What exactly is a statute of limitations?
The statute of limitations refers to the timeframe an individual has to bring a claim or lawsuit against a person or party who is assumed to be liable for causing an accident which resulted in an injury. Why is there a timeframe set to file a lawsuit to hold someone accountable for their negligence? Well, if there wasn’t, it would leave a great deal of room for individuals to bring claims or lawsuits against others for injuries they didn’t incur in the accident they are referring to.
For example, if you slipped and fell during your trip to the local grocer, and your timeframe to file a claim against the company is two years, if there was no timeframe, you could very well get injured in another accident and claim that the initial incident caused all of the misfortune you are suffering from. So, to protect individuals from having to pay for damages they didn’t cause, there is the statute of limitations.
What is the statute of limitations for someone to file a personal injury lawsuit against a driver who hit them? Currently, the state of New Mexico allows a person to bring a claim forward within three years from the date of the accident. That means you have three years before you lose out on the opportunity to hold an individual accountable for the injuries as well as the pain and suffering you have had to go through.
Now, if you were recently involved in a bicycle accident yet you aren’t sure how to file a claim or lawsuit for your accident, we can help get you on the right path. Our goal is to connect you with only the best accident and injury lawyers in Rio Rancho, NM to assist with your case and help you obtain the favorable outcome that you deserve. Therefore, give us a call now so an agent can begin working with you.