Articles Posted in Motorcycle Accident

The United States District Court for the District of New Mexico recently ruled against an insurance company, and in favor of the wife of a man who was killed when the motorcycle he was driving was hit by a car.  The motorcyclist sustained fatal physical injuries while driving down San Mateo Blvd NE in Albuquerque, New Mexico after the driver of an automobile made a left turn resulting in a collision.  The driver who struck the motorcyclist was insured, and his insurance company provided a defense when the wife of the deceased motorcyclist sued the driver in state court on behalf of her husband’s estate and on her own behalf for loss of consortium. The parties’ settlement talks allegedly hit an impasse when they could not agree on the policy limit of the automobile driver’s insurance policy, which resulted in the insurance company bringing a declaratory action in federal court to resolve the issue.

The parties agreed that the insurance policy had a limit of $100,000 per person and $200,000 per accident.  The insurance company argued that even though the wife of the deceased motorcyclist asserted claims on his behalf as well as on her own behalf for loss of consortium, there was a physical injury to one party only and the so the per person limit applied.  The wife of the deceased motorcyclist asserted in response that there were two bodily injuries, hers and her husband’s, so the higher per accident insurance policy limit of $200,000 applied.

To resolve the dispute over the extent of coverage under the insurance policy the district court applied New Mexico law, which resolves disputes over insurance policies by interpreting their provisions in accordance with the same principles that govern the interpretation of contracts.  The court explained that, under the controlling law, when policy language is clear and unambiguous, courts must give the contractual language effect and enforce the insurance policy as written.

Hedonic damages are a measure of damages recognized by New Mexico personal injury law.  They are meant to provide compensation for the pleasure of being alive.  Following a deadly collision between the driver of a motorcycle and the driver of a car, a New Mexico federal magistrate judge decided to admit qualitative expert testimony on hedonic damages and exclude expert testimony quantifying hedonic damages.

The case arose after a person riding his motorcycle collided with a person driving a car, who turned in front of the motorcycle.  The collision, which took place in Grants, New Mexico, resulted in the death of the driver of the motorcycle and the filing of a wrongful death lawsuit.  The plaintiffs were the personal representative of the wrongful death estate of the deceased motorcyclist and relatives of the deceased.  The defendants were the personal representative of the estate of the driver of the car that collided with the motorcyclist and an automobile insurance company.

The plaintiffs wished to introduce at trial testimony from an economist concerning the value of economic losses resulting from the death of the motorcyclist, including lost earning capacity and loss of household services.  The plaintiffs also sought to introduce at trial the economist’s testimony as to hedonic damages.  The defendants sought to exclude any expert testimony regarding hedonic damages.

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