motorcycle accident

The Statute of Limitations in New Mexico Motor Vehicle Accidents: Know How Long You Have to Sue

- Mark Caruso

Victims of New Mexico Motor Vehicle Accidents Have Three Years to Commence a Lawsuit Under the Statute of Limitations

While a victim of a serious New Mexico motor vehicle crash should be focusing on his or her recovery, there is a time limit that he or she will have to commence a lawsuit.  This is true in every state throughout the country.  This time limit is the period in which the person must start a lawsuit after the injury-causing event occurred.  This period is known as the statute of limitations period, and it can completely bar your case if you do not follow it.

The statute of limitations period is different for every offense, and varies from state to state.  If a victim fails to commence an action within the statute of limitations period, there is no way to revive the claim—even the most sympathetic of judges cannot resurrect your case.  It is the single most important part of your case, and most people have never even heard of it.

The purpose of the statute of limitations period is to prevent “stale claims.”  Meaning, it is to prevent people from coming back years after an incident to make claims.  The longer away from the time of the accident, the worse a witness’ memory will be, the less physical data there will be, and the less likely that evidence is retained.  Thus, the statute of limitations period facilities an expeditious resolution after an incident to make sure the evidence is fresh and available.

The Statute of Limitations Period for Motor Vehicle Crash Victims

People hurt in New Mexico motor vehicle crashes may have been in trucking accidents, car crashes, motorcycle collisions, SUV rollovers, or other serious incidents.  These types of injuries can cause very serious injuries and even the wrongful death of a victim.  It is important to commence a lawsuit on time and within the statute of limitations period to ensure a victim’s rights are preserved.

Under New Mexico law, NM Stat. 37-1-8 provides that an action for damages caused by an injury to the person is three years.  This means that an accident victim must start a lawsuit within three years from the date of the accident.  This is not the date of the injuries, or the date the person realizes there may be a lawsuit.  But this is three years from the date of the act or omission causing the serious injuries.  This applies to car accidents, motorcycle crashes, and trucking crashes all the same.

Is There a Way Around the Statute of Limitations?

There are very few ways to extend the statute of limitations.  The extensions are really known as tolls, or temporary pauses preventing the statute of limitations from running.  The most common is infancy, which is when an infant is injured in a motor vehicle accident.  The statute of limitations will toll while the child is a minor.

Another toll is disability or incompetence.  Another is where the victim is serious injured and unconscious, thus physically unable to commence the lawsuit.  This can help extend a time to commence a lawsuit, but it should not be relied on and best practice is to always commence an action within the three year time period.

Commencing a New Mexico Motor Vehicle Crash Case Most be Done on Time, and by Good Attorneys

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico Motorcycle Accidents and Truck Collisions: Albuquerque Motor Vehicle Accident Attorney Explains this Common Fatal Type of Accident

- Mark Caruso

When Motorcycles and Trucks Collide, it Results in Very Serious Personal Injuries and Often a Wrongful Death

Take the smaller vehicle on the road, the motorcycle, which has no metal shell protecting the driver.  Now take the largest vehicle on the road, the tractor trailer or big rig with a high seated cabin and thousands of pounds of weight behind it.  What do you get when these collide?

A horrific and almost always catastrophic accident.  Motorcycles are small and light, great for commuting short distances or for thrill seekers.  While trucks are the powerhouses of the delivery and commercial industry, transporting cargo through the country.  They are complete opposite in capabilities.  These two vehicles should never meet on the road, but when they do there is often a wrongful death.

If you or a loved one have been seriously injured or killed on a motorcycle during a New Mexico trucking accident, call our experienced Albuquerque truck accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation to learn how we can help protect you and your family’s rights.  Our experienced attorneys have handled many motorcycle collisions and know the unique challenges it presents, as well as even more trucking accidents and the special considerations and research to conduct therein to ensure you get the maximum compensation you may be entitled too.  Call use today to learn more by dialing (505) 883-5000.

Factors Contributing to New Mexico Motorcycle-Truck Accidents

Motorcycles have a slim and small profile.  During the day, they can often be difficult to see and keep track off in your mirrors or along your side.  Often motorcycles blend in with the surroundings and become difficult to see.

This unfortunately plays into the weakness of a large commercial truck such as a tractor trailer, tandem trailer, tanker, flatbed, and other large truck.  This is because trucks typically have several blind spots behind them and along their sides.  These blindspots are large enough to hide a van, and easily can lose a motorcycle.  A truck’s large mirrors help to mitigate the blind spots, but this also creates a large mirror where a motorcycle can easily blend in and be even more difficult to see.

Thus, the lack of visibility of motorcycles make them more dangerous around large commercial trucks.  This can result in very serious New Mexico accidents.

Common Injuries in New Mexico Collisions Between Motorcycles and Trucks

It goes without saying that the collision between a motorcycle and truck can result in very serious and devastating injuries.  Some of the most common injuries include the following:

  • Wrongful death;
  • Broken legs;
  • Spinal cord injuries;
  • Fractured ribs;
  • Traumatic brain injuries;
  • Collapsed lungs;
  • Lacerations causing permanent scarring;
  • Back injuries resulting in fusions;
  • Neck injuries resulting in fusions;
  • Nerve damage;
  • Organ damage or organ ruptures;
  • Crushing injuries;
  • Broken arms or collarbone;
  • Road rash;
  • Massive infection;
  • Internal bleeding;
  • Wrongful death; and
  • Many more injuries.

Motorcycle and Trucking Accidents Cause Serious Personal Injuries and Can Kill

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Common Injuries Unique to Motorcycle Accidents: New Mexico Motorcycle Accident Attorney Shares

- Mark Caruso

New Mexico Motorcycle Accidents Can Cause Serious Personal Injuries 

Motorcyclists are not protected like other motorists and passengers in a steel shell.  They do not have airbags, seatbelts, or a crunch zone to protect them.  Many times when a motorcyclist is hit by another motor vehicle, the other vehicle is directly impacting the motorcyclist’s body.  This can result in significant trauma and serious damage.  It can also easily lead to death.

If you or a loved one have been serious injured or killed in a New Mexico motorcycle accident, call the Caruso Law Offices, P.C. today for a free consultation by dialing (505) 883-5000.  Our experienced New Mexico motorcycle accident attorneys have handled many motor vehicle accidents and fought to get the maximum compensation a victim may be entitled to.  We have an intimate understanding of the medicine and injuries, as well as a proven track record of zealous legal representation.

Common Injuries Unique to Motorcycle Accidents

Unlike other types of motor vehicle accidents, motorcycle accidents have a unique set of injuries not commonly shared by other victims in motor vehicle accidents.  These injuries are generally more serious because of the lack of safety devices or precautions.  Thus, these injuries are also more likely to be permanent due to the shear fact that they result in more serious impacts.  That can result in prolonged treatment, multiple surgeries or procedures, and long-term treatment, physical therapy, or medication routines.

Some common types of injuries caused by motorcycle accidents include the following:

  • Road rash or deep scrapes;
  • Lacerations due to debris on the roadway, from the impact, or glass;
  • Instantly broken bones, especially broken legs which can be directly impacted by the other motor vehicle;
  • Spinal cord injuries;
  • Broken ribs from the impact or from being launched off the motorcycle;
  • Broken collarbones or shoulders from being launched off the motorcycle;
  • Wrist and hand injuries including broken bones, scrapes, road rash, and other injuries;
  • Need for open reduction of broken bones to repair with hardware;
  • Back injuries including herniated discs, slipped discs, and need for fusions;
  • Nerve damage and injuries;
  • Traumatic brain injuries;
  • Paraplegia or quadriplegia; and
  • Wrongful Death.

Personal Injuries Caused by a Motorcycle Accident?  Call Us Today!

If you or a loved one has been injured in a motorcycle accident, call the experienced New Mexico motorcycle accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico Motorcycle Accident Caused by Negligent Driver’s Lane Change

- Mark Caruso

Two Riders Were Injured in a New Mexico Motorcycle Accident When a Driver Made a Negligent Lane Change and Failed to Yield to the Right of Way When Entering the Roadway

Motorcyclists are the most vulnerable type of motorists on the roadway.  This is because they are not protected by a large steel frame, with airbags, side impact curtains, seatbelts, and other safety devices that other motorists have.  Motorcyclists are also harder to see on the roadway due to their slimmer profile and smaller size.  This is a recipe for a serious motor vehicle accident which can cause serious personal injuries.

Recently this recipe for disaster occurred.  As reported by an Albuquerque news agency, a motorcyclist and his younger passenger were traveling on NM 528 when the driver of a passenger motor vehicle entered onto the roadway and into the motorcycle’s lane.  Confronted with this emergency situation, the motorcyclist swerved to avoid the collision and struck the median causing the motorcycle to slid across the roadway.  The driver and young passenger were thrown from the motorcycle and seriously injured.

If this sounds like a New Mexico motorcycle accident you or a loved one have gone through, contact our New Mexico motorcycle accident attorneys at the Caruso Law Offices, P.C. by calling (505) 883-5000 for a FREE consultation.  We have represented many victims of motorcycle accidents who have had to swerve out of the way due to a negligent driver coming into his or her lane.  We work hard to protect the motorcyclist’s rights to ensure they get the maximum compensation they may be entitled to.

Unsafe Lane Changes are Negligent Under New Mexico Law

The violation of a New Mexico vehicle and traffic law can result in a finding of negligence per se.  Under the legal principle of negligence per se, there is an automatic finding of negligence where the defendant violated a statute meant to prevent the type of accident and type of injury which occurred.  This can be a very strong tool to use in your motor vehicle accident case.

Unsafe lane changes can be negligence per se.  Under New Mexico Stat. 66-7-317, subdivision (A) provides that a vehicle driving in a lane “shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety[.]”

Additionally, like the new report noted above, when a vehicle enters the highway it must be done safely.  This is because New Mexico Stat. 66-7-331 requires a vehicle entering the highway from a private road or driveway shall yield to the right of way of all other vehicles on the roadway.  If a vehicle fails to follow this law and causes a motor vehicle accident, such as the motorcycle accident above, the driver may be negligent per se.

New Mexico Motorcycle Accidents Caused by Negligent Drivers Making Unsafe Lane Changes or Failing to Yield to the Right of Way of Other Motorists is Negligent Per Se

If a loved one has been seriously injured or killed in a New Mexico motorcycle accident, contact the experienced trucking accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Common Motorcyclist Injuries in Albuquerque Motorcycle Accidents

- Mark Caruso

Albuquerque Motorcycle Accidents Can Cause Many Types of Serious Personal Injuries

Unlike other motorists, motorcyclists are not protected inside the four metal walls of a cabin.  There are no airbags, side curtains, or safety belts.  Motorcyclists do not have crunch zones or cushions to prevent them from physical harm.  This is why motorcyclists involved in motor vehicle accidents are more likely to get seriously injuries and sustain significant personal injuries.  This is particularly true of motorcyclists accidents with tractor trailer trucks.

If you or a loved one has been injured in a motorcycle accident, contact the experienced Albuquerque motorcycle accident attorneys at the Caruso Law Offices, P.C. to learn how we can protect your rights to compensation.  We offer a FREE case evaluation and will listen to every victim’s story.  Call us today for that FREE consultation by dialing (505) 883-5000.  We will help right for you and get you the compensation you deserve from your motorcycle accident.

Common Injuries in Albuquerque Motorcycle Accidents

In any motorcycle accident, it is very easy for a motorcyclist to get seriously hurt.  Even low speed or small impact collisions can cause serious personal injuries and even death.  Small and light bumper taps from any vehicle, especially a tractor trailer truck, can be catastrophic for a motorcyclist.

Some common motorcycle injuries include the following:

Consequences of Albuquerque Motorcycle Accident Injuries

Because of the serious nature of most motorcycle accident injuries, there is a wide range of necessary treatment that will be required to help the victim recovery.  This treatment spans from emergency treatment at the scene of the accident and in the emergency room at the hospital, to surgical intervention a few days or weeks after the accident to repair broken bones, or to extended physical therapy or occupational therapy for months if not years after an accident.

Some common consequences of motorcycle accident injuries include the following:

  • Ambulance fees;
  • Emergency room costs;
  • Remedial surgery, such as installing painful hardware to mend broken bones in the arms, wrist, leg, or ankle;
  • Arthroscopic surgeries to repair damage to knees or shoulders, among other places;
  • Weeks, months, or years of physical therapy or occupational therapy;
  • Becoming temporarily disabled and unable to work;
  • Wound care and changing;
  • Suture or staple removal;
  • Medical supplies, like crutches, wheelchair, exercise or strengthening equipment;
  • Nursing care and assistant care;
  • Medication costs;
  • Home visits from nurses or doctors;
  • and many other types of medical expenses.

All of these treatment options can be very expensive and spend up significant amounts of your financial resources.  This is why if you are injured in a motorcycle accident, you need to obtain an experienced motorcycle accident attorney to protect your rights.

Contact the Experienced Albuquerque Motorcycle Accident Attorneys at the Caruso Law Offices, P.C. to Protect Your Rights to Compensation!

If you or a loved one has been injured or killed in an Albuquerque motorcycle accident, call the experienced Albuquerque motorcycle accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Traumatic Brain Injuries Caused by Albuquerque Motor Vehicle Accidents

- Mark Caruso

Albuquerque Traumatic Brain Injury Attorneys Explain How Easily Motor Vehicles can Cause Serious Injuries 

Any motor vehicle accident can cause a traumatic brain injury, no matter how small the vehicles involved are or how low the speed of the impact.  This is particularly true of tractor trailer truck accidents on the interstate, where these large, bulky vehicle have significant weight and speed to them.  Pedestrians hit by motor vehicles are also very vulnerable to sustaining brain injuries, particularly because they have no protection around them to protect their heads in the form of a vehicle shell or a helmet.  Similarly, bicyclists and motorcyclists are also vulnerable to traumatic brain injuries even if they are wearing a helmet because they are not protected by airbags or enclosed in a steel shell like other motorists.

Even a mild traumatic brain injury can have significant ramifications and cause debilitating conditions affecting an entire family.  These traumatic brain injuries can take months if not years to heal, and sometimes they never do heal.  Traumatic brain injuries are also difficult to treat and diagnose, and often cost a lot of money out of pocket to help the victim.

Here are the Caruso Law Offices, P.C., our experienced Albuquerque traumatic brain injury attorneys have the medical and legal knowledge necessary to protect the rights of a traumatic brain injury victim.  Contact us today for a FREE case evaluation by calling (505) 883-5000!

Common Types of Brain Injuries Sustained

There are many different types of traumatic brain injuries which could be caused by a motor vehicle accident.  These injuries vary widely in severity, but all can cause significant and debilitating effects on a victim.  These include the following:

Concussions – These may be the most common type of traumatic brain injury from a motor vehicle accident, but one of the least predictable in how it will affect a victim.  This is because the symptoms greatly vary and the impairments can range in duration from just temporary to an entire lifetime.  A concussion is simply when the brain receivers trauma from an impact, sudden movement change, or change in momentum or acceleration.  Concussions can be caused by whiplash injuries, shaking of the head, or a direct blow to the head.  They can be difficult to diagnose because no visible physical injury may be present on the brain, i.e., no fracture, bleeding, or swelling.

Contusion – A contusion is a bruise which is bleeding on the brain.  Contusions generally are the result of a direct impact to the brain causing the injury.  The larger the contusion, the more dangerous it is and it will likely need to be surgically removed to reduce pressure in the skull.

Diffuse Axonal Injuries – These types of injuries are caused by violent shaking or rotational forces which creates tears, rips, and other damage in the brain structure as the skull shears and rubs the edges of the brain.  These types of injuries are very common in severe motor vehicle accidents, particularly rollover accidents or tractor trailer truck accidents.  The damage done to the brain can cause severe and permanent brain damage, particularly when vital structures in the brain are torn and damaged.

Contact an Experienced Albuquerque Traumatic Brain Injury Accident Attorney

If you or a loved one has sustained a traumatic brain injury in an Albuquerque motor vehicle accident, call the experienced Albuquerque traumatic brain injury attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Common Types of Motorcycle Accidents: Albuquerque Motorcycle Accident Attorney Explains

- Mark Caruso

Understanding Common Types of Albuquerque Motorcycle Accidents

Simply put, motorcyclists are more vulnerable than any other vehicle on the road.  They are smaller in size and are not protected in a shell of metal.  Basic safety protections such as seat belts, airbags, side curtains, rollover bars, or other innovations do not exist to help keep motorcyclists from harm.  Because of this, motorcyclists are significantly more likely to be seriously injured or killed in even the most innocuous of motor vehicle accidents.

If you or a loved one has been seriously injured or killed in an Albuquerque motorcycle accident, contact the Caruso Law Offices, P.C. today for a FREE consultation by calling (505) 384-6312.  We are experienced Albuquerque motorcycle accident attorneys who will fight to get you the compensation you are entitled to so you can focus on healing.

Types of Albuquerque Motorcycle Accidents

Due to the inherent disadvantages of motorcycles as opposed to larger vehicles, there are many different types of motorcycle accidents which can easily prove fatal or cause catastrophic personal injuries.  Unfortunately, many of these types of motorcycle accidents are caused due to the errors of other motorists which are easily preventable.  Because of this, most motorcycle accidents are caused by the negligence of another motorist.

Negligence is a legal theory of liability wherein a person breaches a duty of care owed to another person, and such breach causes damages.  Thus, when a motorist makes a preventable error while driving, it is very likely that he or she was negligent.

Some common types of negligent motorcycle accidents include the following:

Vehicle Turning Left in Front of You – When another vehicle fails to judge your distance and speed but still turns left in front of you, thus causing you to either t-bone such vehicle or swerve to avoid, this is generally caused by the negligence of the left turning vehicle.  These types of motorcycle accidents are one of the most common, and also one of the most deadly.

Vehicle Changes Lanes Into You – When another vehicle suddenly veers into your lane or into the space next to your motorcycle, this can result in a very serious accident and personal injuries.  This is particularly dangerous on the highway where both you and the other motorist will be naturally traveling at high speeds.  The cause of this type of accident is usually driver inattention or failing to check the blind spots properly because merging.  Unsafe lane changes are prohibited by New Mexico law and will lead to liability.

Vehicle Rear Ends You – While a rear end motor vehicle accident may not be as damaging to a passenger vehicle or truck, when a motorcycle is rear ended it can launch a rider from the bike and directly onto the ground or into a lane of oncoming traffic.  Even low speed rear end collisions can cause a motorcyclist to sustain serious personal injuries.  The vehicle which rear ends another vehicle is generally negligent as a matter of law.

A Parked Car Opens a Vehicle Into You – It is not just moving vehicles which can be a hazard.  In narrow lanes, commonly while driving through small towns or tight shopping areas, a motorcyclists can be seriously injured when an occupant of a parked car fails to judge your distance and speed and opens a door into your lane of travel.  This can cause you to fall over into the oncoming lane of travel causing even worse injuries.

Contact an Experienced Albuquerque Car Accident Attorney

If you or a loved one has been injured or killed in an Albuquerque motorcycle accident, call the experienced Albuquerque motorcycle accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 384-6322  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.