What To Know About Pedestrian And Cycling Accidents

Last updated on January 17, 2023

When a pedestrian or cyclist is involved in a car crash, the motorist almost always has the advantage. If a negligent driver struck you while you were walking or cycling, you understand firsthand the pain, trauma and stress that such an accident can cause. At the Law Office of Nathan Cobb, we understand, too. Call 505-225-2146 or send a message to request a free consultation.

Because you may have many concerns after a bicycle accident, we have provided answers to some frequently asked questions, such as the following:

  • How common are bicycle and pedestrian accidents in Albuquerque?
  • What is the city of Albuquerque doing to try to improve pedestrian and biking safety?
  • Should I speak with an insurance company after an accident?
  • What are the most common injuries in these accidents?
  • Can a fatal pedestrian or bicycle accident give rise to a wrongful death claim?
  • Should I speak with an insurance company representative after an accident?

From our headquarters in Albuquerque, we help clients throughout New Mexico who have experienced serious accidents.

How common are bicycle and pedestrian accidents in Albuquerque?

Unfortunately, dozens of these accidents occur in the Albuquerque metro area annually. Both the New Mexico Department of Transportation and the University of New Mexico have reported an increase in injurious and fatal bicyclist and pedestrian collisions in Albuquerque each year. Often, these are hit-and-run incidents.

The Albuquerque Journal has reported on the state’s designation as the worst in the nation for pedestrian safety. Over a recent five-year period, New Mexico had the highest pedestrian fatality rate in the U.S., according to annual reports from the Governors Highway Safety Association.

What is the city of Albuquerque doing to try to improve pedestrian and biking safety?

The city is taking several measures to prevent future accidents. These measures include new traffic signals, road improvements, traffic safety assessments and public safety campaigns. Tragically, these measures may not prevent all accidents. Some advocates for public safety believe that the city has not taken enough initiative in protecting pedestrians and cyclists.

What are the most common injuries in these accidents?

The physical harm to people walking or riding bicycles tends to be catastrophic, since cars and trucks can weigh several tons. Some common injuries include:

  • Concussions
  • Contusions
  • Broken limbs
  • Neck and spinal cord injuries
  • Road rash
  • Post-traumatic stress disorder (PTSD)

All these injuries can prove to be very expensive. Many victims find that they need to file a claim against their insurance company, the insurance company of the perpetrator or a third party.

Can a fatal pedestrian or bicycle accident give rise to a wrongful death claim?

Yes. The surviving family members of someone who died in a traffic accident can recover compensation through a wrongful death claim. However, you must file your claim within three years of your loved one’s accident. If you do not meet this statute of limitations, you lose the right to seek damages.

Should I speak with an insurance company representative after an accident?

Besides simply reporting that an accident occurred, do not speak with any insurance representatives until after you speak with a lawyer. Insurance companies do not want to pay you the full amount that you deserve. Instead, they use cunning tactics to get you to admit fault so they can make lowball offers. Get an attorney who can represent you against powerful insurers.

Ask More Questions, Get More Help

At the Law Office of Nathan Cobb, we are ready to assist you with the complicated aftermath of an accident. You can reach out to us to schedule a free initial consultation with him. To contact us, please call 505-225-2146 or send us an email.