You are driving down a busy Albuquerque street when suddenly, a motorcycle weaves between lanes, and despite your best efforts, a collision occurs. This scenario raises a critical question about liability, especially since lane splitting is illegal in New Mexico. While your first instinct might be to assume the motorcyclist bears full responsibility, the reality requires a deeper examination.
The Legal Status of Lane Splitting in New Mexico
New Mexico law explicitly prohibits lane splitting, which occurs when motorcyclists ride between lanes of traffic or between rows of stopped vehicles. Unlike California, where lane splitting is legal under certain conditions, New Mexico maintains a clear stance against this practice. This illegal status plays a significant role in determining fault after an accident, but it does not automatically absolve other drivers of all responsibility. However, it does become a significant factor in determining fault. New Mexico’s legal system uses a comparative fault model, so even if the motorcyclist is in violation of the law, the actions of both drivers—the motorcyclist and the other driver—are reviewed to determine who was at fault and to what extent.
Comparative Negligence in New Mexico
New Mexico follows a pure comparative negligence system when determining fault in vehicle accidents. This means that even if a motorcyclist was breaking the law by lane splitting, you as a driver might still share some percentage of fault. The court or insurance companies will examine multiple factors to establish fault percentages:
- The speed of both vehicles at the time of the collision
- Weather and road conditions
- Visibility factors
- Driver attention and awareness
- Traffic patterns and density
The illegal act of lane splitting will likely weigh against the motorcyclist, but the driver’s behavior, such as changing lanes without signaling or speeding, will also be scrutinized. A final determination will assign fault percentages to each party based on their role in the accident.
Factors Used to Determine Fault in Lane Splitting Accidents
In any accident involving illegal lane splitting, there are specific factors that New Mexico courts or insurance adjusters typically examine to assess fault. Some of these include:
- Speed of the motorcyclist and the driver: Speed is crucial in determining how much time each party had to avoid a collision. A motorcyclist lane splitting at high speeds is more likely to bear a larger portion of the fault. However, if the driver was speeding or otherwise driving aggressively, this could reduce the motorcyclist’s share of responsibility.
- Driver’s awareness of surroundings: Drivers in New Mexico are expected to keep a lookout for other vehicles including motorcycles. If a driver was not checking mirrors or was distracted, they could be assigned a higher portion of fault even if the motorcyclist was lane-splitting illegally.
- Signaling and lane changes: If the driver was making a lane change without signaling or failed to check blind spots before changing lanes, this may shift some liability to the driver. New Mexico law requires that drivers signal lane changes and check for obstacles, which includes motorcycles, regardless of whether they are lane splitting.
- Road and traffic conditions: Traffic flow and road conditions at the time of the accident are also taken into account. Heavy traffic can make lane splitting more dangerous, and a motorcyclist who attempts it in such conditions may be assigned more fault. Conversely, if traffic was light, the fault may be distributed differently.
How Evidence Shapes Fault Determination
In any accident case, solid evidence is essential to establish the events leading to the collision. The more evidence that is available, the clearer the picture becomes for assigning fault accurately. Key pieces of evidence may include:
- Traffic and surveillance footage: If the accident occurred near an intersection or area with surveillance, video footage could show the actions of both the motorcyclist and the driver before the accident.
- Witness statements: Independent witnesses provide objective accounts that can help clarify the events, particularly if they observed the motorcyclist lane splitting.
- Police reports: Law enforcement’s observations, documented in a police report, are critical in fault determination. Police often note if the motorcyclist was lane splitting, the conditions of the road, and any apparent driver behaviors.
Seek Legal Help
At Ruhmann Law Firm, we specialize in handling these complex cases, ensuring our clients receive fair treatment under New Mexico law. Contact our experienced team at Ruhmann Law Firm for a thorough evaluation of your case and dedicated legal representation that considers all factors in determining and arguing fault distribution in motorcycle accident cases.