There is no question about it: a bicycle accident is a traumatic experience; it is even worse when a negligent driver tries to place the blame squarely upon your shoulders.
Facing culpability for a situation you did not cause while recovering from personal injuries (not to mention missing out on New Mexico’s fantastic scenery and cycling community) might leave someone feeling exposed and unsure of their legal rights and options.
Is a careless driver blaming you, the law-abiding cyclist, for causing their car accident injuries? If so, you do not have to accept liability and have a chance to defend your innocence during the settlement negotiation process.
In This Article
Bicycle accident injury lawyer Marc A. Grano discusses the foundation of a liability defense, explains how it could affect a personal injury settlement, and reveals three possible defenses that could increase your civil award. Grano Law Offices, P.C., wrote this post to help injured cyclists and their concerned family members get general information about liability from a top-rated, veteran-owned firm.
Table of Contents
Liability Defense Foundations: Pure Comparative Negligence
The principle of pure comparative negligence under our at-fault insurance system is at the heart of New Mexico’s personal injury law. This legal principle is vital to understand when defending a bicycle accident injury claim since it forms the foundation of your defense in many situations.
Civil awards are available for injuries, paid by the liable party or parties, according to their degree of negligence.
In other words, at-fault parties, including the driver and cyclist, could end up owing each other money depending on their level of fault. An example will help you better understand how pure comparative negligence works when applied to an insurance settlement.
Example of How Pure Comparative Negligence Works in Bicycle Accidents
Let’s say you and the driver suffered from injuries caused by an accident: their losses were $50,000, and yours were $100,000. During negotiations, your bicycle accident injury lawyer proves that the driver was, in fact, 90 percent responsible for the accident.
In this scenario, civil awards would work as follows:
- You win $90,000 for your injuries, paid by the at-fault driver’s insurance company.
- The driver won $5,000 for their injuries, which was made payable by your insurance company.
As you can see, pure comparative negligence is essential to obtaining a fair personal injury insurance settlement. Even if you are somewhat at fault, it does not automatically preclude you from receiving a monetary award for medical bills, lost wages for time missed attending doctor’s appointments, and mental anguish endured.
However, you must back your claims with evidence, so discussing your situation with a New Mexico bicycle accident lawyer, like Marc A. Grano, might be worthwhile.
3 Liability Defenses for Bicyclists Pursuing Settlements
Now that you understand how pure comparative negligence works, it is time to apply this concept to specific yet hypothetical scenarios involving motorists and cyclists.
Three potential liability defenses for bicyclists pursuing settlements include:
- Defense 1. The Driver Breached Their General Duty of Care
- Defense 2. Government Negligence Occurred (Road Hazards)
- Defense 3. Defective Parts or Poor Craftsmanship
Let’s take a closer look at each defense below.
Defense 1. The Driver Breached Their General Duty of Care
New Mexico statutes, or state laws, impose a general duty of care upon any person operating a motor vehicle. To clarify, a general duty of care is a legal obligation requiring one or all parties to behave safely and conscientiously.
In this situation, drivers and cyclists owe each other a duty of care under NMSA § 66-8-114, which states:
“Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.” Driving a vehicle “in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather, and road conditions and all other attendant circumstances is guilty of a misdemeanor.”
Although this statute refers explicitly to vehicles, the overarching principle of exercising due care applies to everyone sharing the road, including cyclists.
Defense 2. Government Negligence Caused Your Breach
Bicycle accidents are not always solely the driver’s or cyclist’s fault. Other times, dangerous or poorly maintained roads play a significant role in a collision, potentially making a government entity or other responsible party liable. Under these circumstances, New Mexico law allows for governmental liability.
While local governments usually have immunity from lawsuits, this immunity is specifically lifted for:
This language states that if an issue, like a pothole, uneven surface, insufficient signage, or debris, causes an accident, the city or state government may be responsible for your losses.
“Liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties during the construction, and in subsequent maintenance of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.”
Also, ensure you file a Notice of Claims to the relevant department or entity within 90 days of your injury under NMSA § 41-4-16. Missing this deadline will negatively impact your ability to receive a settlement. This tight deadline might emphasize that prompt legal advice is helpful and essential when you have questions about road conditions or government vehicles.
Defense 3. Defective Parts or Poor Craftsmanship
In many incidents, the underlying reason for a crash can be traced to a dangerous defect within the bicycle itself or one of its integral components. This type of defense shifts the blame from you to the manufacturer if they were at fault under a product liability claim.
Bicycle defects can manifest in various forms, including:
- Design defects
- Manufacturing defects:
- Failure to warn customers
Liability can extend beyond just the primary bicycle manufacturer. Due to a legal concept known as the “chain of distribution,” multiple entities could be held responsible for a defective bicycle part. This strategy can widen the pool of potentially liable parties to manufacturers, wholesalers, and distributors.
Protect Your Rights After a New Mexico Bicycle Accident
The aftermath of a bicycle accident injury is daunting and painful, but that should not overtake your right to pursue civil justice and obtain a fair award under New Mexico law. In this article, you learned a lot about what it takes to successfully navigate these types of claims, including how challenging they can be.
You might also be left with more questions than answers.
Scheduling a meeting with a personal injury law firm, such as Grano Law Offices, P.C. Our legal team will listen to your side of the story, review available evidence, explain your rights, and provide a roadmap that could help you engage in the negotiations or civil lawsuit processes more strategically.
You have rights and options if a driver blames you for causing a car/bicycle accident in northern or central New Mexico. Protecting them starts with identifying the available defenses and having a committed and dedicated legal team by your side.
