Articles Posted in Bicycle Accidents

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New Mexico personal injury cases are often based in negligence. In some cases, there may be accusations that the injured party was partly at fault for the accident. These cases require a consideration of the state’s comparative negligence law and the effect it can have on a case.

Legal News GavelNegligence Claims

Motor vehicle crashes are generally results of negligent conduct rather than intentional conduct. To succeed in a New Mexico truck accident case, a plaintiff must prove the following:  the defendant owed a duty to the plaintiff, the defendant breached that duty, and the breach was a proximate cause and cause in fact of the plaintiff’s damages.

Comparative Negligence

If more than one party is alleged to be at fault in an accident, the fact-finder will have to determine the percentage of fault of each of the parties. States have different rules about how courts should consider a plaintiff’s own fault in causing an accident. Generally, states follow either a “contributory negligence” model or a “comparative negligence” model. In a contributory negligence state, a plaintiff cannot recover any damages if the plaintiff is found to be even one percent at fault for the accident. Although this was the traditional rule for many years, very few states continue to follow a contributory negligence model.

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A man on a bicycle was hit and injured by a garbage truck at an intersection in Albuquerque late last month. According to a report by ABC affiliate KOAT news, the intersection at Lomas and Yale Boulevards has been the sight of over five accidents in the past year, and it is seen as one of the more dangerous locations in the city for all kinds of auto accidents. According to the report, the accident occurred around 7:00 AM on Friday, June 20, and resulted in the cyclist being transported to a local hospital with serious injuries.

bicycle-1443880-m.jpgGarbage trucks, semi-trucks, and other large vehicles are at an increased risk for a collision, and when they are in collisions with other vehicles, even full-size cars or trucks, the results can be devastating. The fact that last month’s crash involved a bicycle getting in an accident with a garbage truck makes the accident even more risky. It is fortunate that the bicyclist was not injured more seriously or even killed.

New Mexico semi-truck accidents are common on our state’s roads, and the damage that is caused by these crashes can be extreme. Not all semi-truck accidents are the fault of the semi-truck driver, and when a victim is injured by a collision with a semi, it is not always easy to determine who is at fault and to what degree. In New Mexico, semi-truck drivers are generally held accountable for an accident if it can be shown that they acted negligently or recklessly in causing the accident.
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