How a Motorcycle Accident Lawyer Can Help You Pursue Justice for a Loved One’s Death
Motorcycle crashes don’t offer second chances. With no protective barrier between the rider and the road, a collision often ends in tragedy. In New Mexico, motorcycles account for a small percentage of vehicles on the road, but a significantly larger share of traffic fatalities. These are not minor incidents or low-speed scrapes. They’re violent, high-impact collisions where the motorcyclist rarely survives.
Every May, during Motorcycle Safety Awareness Month, safety campaigns draw attention to the risks riders face daily — risks exacerbated by careless drivers who fail to share the road. When a driver doesn’t check a blind spot, turns without looking, or simply doesn’t take a motorcyclist seriously, the outcome can be fatal.
For families, the impact is immediate and devastating. There’s grief, shock, and unanswered questions. And when the crash was caused by a negligent driver — someone who failed to yield, didn’t look before turning, or simply didn’t respect the rider’s right to the road — there’s also a need for justice.
New Mexico law gives surviving families the right to pursue a wrongful death claim, but the path forward isn’t simple. The legal process is demanding, and without swift action, critical evidence can be lost. An experienced New Mexico motorcycle accident lawyer can help families take that first step toward accountability.
Motorcycle Riders Deserve Protection, Not Blame
In the aftermath of a fatal motorcycle crash, families are often shocked to learn how quickly drivers and insurers shift the blame onto the rider. Common accusations include speeding, weaving between vehicles, or failing to wear a helmet. Even when these claims are unfounded or irrelevant, they can influence how the insurance company assesses the case or how a jury might perceive it.
That’s why investigating the crash thoroughly is so important. A wrongful death lawyer with experience handling fatal motorcycle accident claims knows how to preserve and gather the evidence needed to establish the facts and counter unfair claims. This can include:
- Securing Crash Scene Evidence: Skid marks, vehicle debris, gouge marks, and crash geometry all help tell the story of what really happened.
- Requesting Black Box Data: Many vehicles record speed, braking, and steering input in the seconds before a crash — data that can disprove claims made by the at-fault driver.
- Collecting Video Footage: Surveillance cameras, dash cams, or even bystander footage can provide clear, objective views of the crash.
- Interviewing Witnesses: Eyewitness accounts can confirm lane positioning, speed, or driver behavior that caused the collision.
These steps are especially important in fatal motorcycle accident cases, where the rider can’t speak for themselves and bias often clouds the initial investigation. A lawyer’s role is to cut through that and ensure the facts are preserved and presented accurately.
Who Can File a Wrongful Death Lawsuit in New Mexico?
New Mexico law sets clear rules for who has the right to file a wrongful death claim after a fatal motorcycle crash. These claims are brought on behalf of the deceased by a “personal representative” of the estate, typically a close family member or a person authorized to act on behalf of the estate. Families may be able to file a wrongful death claim if:
- Negligence Caused the Crash: The driver was speeding, texting, impaired, failed to yield, made an unsafe turn, or acted carelessly in a way that directly caused the collision.
- The Rider Died from Crash-Related Injuries: The law allows a claim if the rider died immediately or later from injuries sustained in the crash.
- There are Qualifying Survivors: Compensation typically goes to a spouse, children, or parents, depending on who survives the deceased.
The compensation is then distributed to eligible surviving family members in accordance with the state’s wrongful death statute. Wrongful death compensation may cover:
- Medical Expenses: Costs of treatment prior to death.
- Funeral and Burial Costs: Reasonable costs associated with laying a loved one to rest.
- Loss of Income and Support: Future earnings the deceased would have contributed to the household.
- Loss of Companionship: Emotional and relational losses suffered by a spouse, children, or other close family members.
- Pain and Suffering: In some cases, damages for the suffering experienced by the deceased prior to death may also be recoverable.
These claims can never undo the loss, but they can help secure a future for those left behind. They also send a clear message that negligent driving — especially around motorcyclists — has real, irreversible consequences.
Legal Deadlines and the Need to Act Quickly
New Mexico sets a strict two-year deadline for filing a wrongful death lawsuit, starting from the date of the fatal crash. That may sound like time to spare, but delays in hiring a lawyer can result in lost evidence, missed witness opportunities, and increased pressure from the insurance company to accept a low settlement.
Families dealing with the sudden loss of a loved one should not have to face these hurdles alone. A wrongful death lawyer can take the burden off their shoulders — managing deadlines, handling communication with insurers, and building a strong case rooted in facts and supported by law.
Talk to a Lawyer Who Understands Fatal Motorcycle Accident Cases
Fatal motorcycle crashes leave families reeling—and facing a legal process that’s anything but straightforward. When a driver’s negligence ends a rider’s life, a wrongful death claim can be the only way to uncover the truth, demand accountability, and seek financial relief for those left behind.
Szantho Law Firm represents families in Albuquerque, Santa Fe, and throughout New Mexico in complex, high-stakes motorcycle fatality cases. These claims require immediate attention, careful investigation, and a firm understanding of the law. From securing evidence to challenging insurance tactics, every step matters.
If someone in your family was killed in a motorcycle crash, don’t wait to get legal guidance. Time limits apply, and critical evidence can be lost. Contact Szantho Law Firm today for a free consultation to understand your rights and review your next possible steps. There is no cost to speak with an attorney, and no fee is charged unless compensation is recovered.
"I can't thank Andras enough for the exceptional service he provided during my hit-and-run case. From start to finish, he was incredibly efficient, keeping me informed every step of the way and making sure I understood my options. I was amazed at how quickly he got to work and, best of all, he was able to secure compensation for me that I didn't even know I was entitled to! His dedication, expertise, and attention to detail truly made a difference. If you're looking for an attorney who goes above and beyond, I highly recommend Szantho Law Firm." — Melodie W. ⭐⭐⭐⭐⭐⭐