You ride carefully, you wear your gear, and you still end up on the ground because someone in a car did not see you. The crash is over in seconds, but the moments after can feel like a blur. You are sitting on the pavement, your bike is down, and your heart is pounding while traffic moves around you. What you do next can protect both your health and your right to compensation. At Hunt Law Firm, our Santa Fe motorcycle accident attorneys help injured riders across New Mexico take the right steps after a wreck. Here is what to do if you are in a motorcycle accident.
Move to Safety and Check for Injuries
Your first priority after a crash is staying out of further harm. If you can move, get yourself and your motorcycle out of the flow of traffic and onto the shoulder or sidewalk. Turn on your hazard signals or set out a marker if you have one. Check yourself for injuries, then check on anyone else involved. Try not to remove your helmet or gear right away, because doing so can worsen a spinal or head injury. If you or anyone else cannot move safely, stay still and wait for help to arrive.
Call 911 and Let Officers Document the Scene
Always report a motorcycle crash that causes injury or significant damage. Call 911 so police and paramedics come to the scene. When officers arrive, give them the facts calmly and let them write the report, but do not guess or admit fault. A police report creates an official record of the date, location, road conditions, and the parties involved, and that record becomes important evidence later. Ask the responding officer how to obtain a copy. If you are taken to the hospital before officers finish, you can request the report from the agency afterward.
Get Medical Care Even if You Feel Fine
Adrenaline can hide serious injuries for hours after a wreck. Riders face a high risk of serious injury in any crash, and conditions like concussions, internal bleeding, and spinal damage are not always obvious at the scene. See a doctor the same day, even if you think you are unhurt. Prompt treatment protects your health and ties your injuries to the crash in your medical records. Follow your treatment plan and keep every appointment. To understand what riders commonly deal with, our overview of common motorcycle accident injuries explains the most frequent harms we see.
Gather Evidence Before You Leave
If you are physically able, collect as much information as you can at the scene. Photograph the vehicles, your injuries, the road, any skid marks, the traffic signs, and the weather. Exchange names, license, registration, and insurance details with the other driver. Get contact information from any witnesses, since their accounts can be vital if the other side disputes what happened. Note the time, the exact location, and anything the other driver says. If your injuries keep you from doing this, do not worry, because a lawyer can investigate and gather the evidence for you later.
Protect Your Claim in the Days That Follow
What you do after you leave the scene matters just as much. Report the crash to your own insurance company, but be careful about giving a recorded statement to any insurer before you speak with a lawyer. Avoid posting about the wreck on social media, and do not accept a quick settlement offer. Keep your damaged helmet, gear, and motorcycle, because they can serve as evidence. In New Mexico, you generally have three years from the date of the crash to file a personal injury lawsuit, but some deadlines are shorter, so it is best to act quickly.
Frequently Asked Questions About Motorcycle Accident Claims
Common questions victims and family members ask include:
How long do I have to file a motorcycle accident claim in New Mexico?
In most cases, New Mexico gives you three years from the date of the crash to file a personal injury lawsuit. The clock usually starts on the day you are injured. Some situations carry shorter deadlines. For example, if a government vehicle or agency is involved, you generally must file a written notice of claim within 90 days and file any lawsuit within two years. Because those windows are short and easy to miss, you should not wait to get advice. Talking with a lawyer early helps make sure you do not lose your right to recover.
Do I have to wear a helmet to ride in New Mexico?
New Mexico law requires riders and passengers under 18 to wear a safety helmet. Adults are not legally required to wear one, so riding without a helmet is not illegal if you are 18 or older. Even so, helmets save lives, and head injuries are among the most serious harms riders suffer.
The law also limits how much this can affect your claim. Because adults are not required to wear a helmet, an insurer generally cannot reduce your recovery just because you were riding without one. New Mexico law further says that failing to wear a required helmet does not count as negligence on your part. An insurer may still try to raise the issue, so it helps to have a lawyer who can push back
What if the crash was partly my fault?
Do not assume you have no case. New Mexico follows a pure comparative fault rule, which means you can still recover money even if you were partly at fault. Your compensation is simply reduced by your share of the blame. Fault in a motorcycle crash is also often disputed, and the other driver or insurer may try to blame you to reduce what they pay. Before you accept blame or a low offer, let an attorney review what happened and protect your interests.
Talk to a Santa Fe Motorcycle Accident Lawyer
A motorcycle accident can leave you facing painful injuries, mounting bills, and an insurance company focused on its bottom line. You do not have to handle it alone. At Hunt Law Firm, we prepare every case as if it is going to trial, and we fight to win the full compensation injured riders deserve across New Mexico. Contact Hunt Law Firm today to schedule your free consultation. You will not pay any attorney fees to us until we win compensation for you.