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


October 8, 2016

 by Caruso Law Offices, P.C. | 

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 Mark Caruso by calling (505) 407-0458 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 Mark Caruso today by dialing (505) 407-0458.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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