What to Expect During a New Mexico Personal Injury Trial

A personal injury claim is founded on carelessness or negligence. In the simplest terms, a victim in any type of personal injury case, whether it's a slip-and-fall accident or your typical vehicle wreck, was hurt because of another person's negligence.

However, laws on personal injury vary from state to state. In New Mexico, for example, comparative negligence comes into play. The first step is to know New Mexico's rules on personal injury and what to expect during a trial. But if you have questions about personal injury laws in New Mexico or want to learn how to file a claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately.

What is a Duty of Care?

The legal concept of "duty of care" relates to a person's reasonable duty to ensure or promote the safety of another person. It's crucial to remember that not every accident may be considered viable as a personal injury claim since certain criteria must be met.

What's more, the duty of care in New Mexico for a person falls into one of two categories: either they must ensure a reasonable level of safety at all times or provide notice of any potential dangers.

For example, injuries sustained on private property do not immediately give rise to a claim for damages under premises liability, a popular type of personal injury claim. You could not sue the property owner if the accident is determined to be your fault rather than the consequence of harmful conditions and hazardous circumstances on the property. Similarly, you may not be successful in a lawsuit against a property owner who gave you enough notice of potentially hazardous situations.

To illustrate, suppose the owner of the property posted a notice that you shouldn't walk on a sidewalk or path because of broken pavement. If you ignore that warning, trip over the damaged sidewalk, and subsequently suffer injuries, a judge might decide that the property owner is not responsible since you were given sufficient notice.

Laws on Comparative Negligence in New Mexico

Comparative fault or negligence applies in New Mexico. In other words, if both the plaintiff and the defendant are determined to share fault, the parties will divide the damages according to their respective degrees of liability.

To put it another way, suppose the court finds the defendant 60% at fault and you, the plaintiff, 40%. You might collect as much as 60% of the total cost of damages you incurred as a result of the accident from the defendant. You'd then be responsible for the remaining 40%.

Exceptions to Personal Injury Laws

Of course, there are some exceptions to laws on personal injury in New Mexico. Using the same example of premises liability, you cannot pursue a claim for premises liability if the accident occurred while you were trespassing on someone else's private property.

Even if your injuries and damages were caused by the owner's carelessness with the property's upkeep, you likely wouldn't have a viable claim if you were not authorized to be on the property.

Liability For Injuries

Now that we've covered the basics of how New Mexico's personal injury laws function, we can get into the nitty-gritty of what kinds of damage those statutes protect against. It goes without saying that when security measures are inadequate, criminal conduct is more likely to occur.

The crime rate in a region and the nature of the property itself are only two of many considerations when determining whether or not security measures are insufficient enough to lead to injuries or other damages.

Unsafe Conditions

While accidents caused by unsafe conditions are easier to identify, numerous other types of accidents also fall under this category. As another example, there is a high rate of slip-and-fall incidents within the scope of premises liability. But outside factors, like ice or severe rains that the property owner did not account for, might be to blame for these incidents.

Uneven or unstable flooring, damaged stair rails, and other similar hazards may also contribute to such injuries. Furthermore, lack of maintenance on elevators, exposed wires, chemical hazards, and dangling items all contribute to an unsafe physical environment.

Swimming pools and drownings are common in premises liability, as failing to close or maintain a swimming pool properly may create a hazardous environment or "attractive nuisance" for others.

What to Expect During a Personal Injury Case

After reviewing this initial rundown of premises liability, you should see an attorney if you think you have a case. Once a qualified attorney is able to go over the details of your specific accident, they might find that you're eligible for a settlement.

1. First, your lawyers will begin collecting evidence, such as medical records and invoices. In our example of premises liability, your lawyer will look into the property owner's maintenance logs to find out how long the property has been in disrepair, whether or not the owner may have known about the damage, and other relevant details.
2. Remember that the claims process might take a long time, so you should continue documenting your injuries, treatment, and any surrounding specifics regarding your claim. In the meantime, your attorney will construct your case and file in New Mexico's equivalent of small claims court, known as the Magistrate Court.
3. Finally, when it comes to the state's statute of limitations, it's also important to keep in mind that you only have three years from the time of your injuries to file a personal injury claim in New Mexico. With a few notable exceptions, this three-year period begins on the day of the injury.

Contact a Personal Injury Attorney in New Mexico

At Will Ferguson & Associates, our clients are important to us. We have been assisting victims of personal injury and disability since 1983 and can help you as well. Moreover, in cases involving personal injury, we work on a contingency basis, which means you owe no fee unless we recover compensation for you. Even if a substantial fee reduction is required, our law firm's policy is to not charge more in fees than the client receives from a verdict or settlement, absent extraordinary circumstances.

Call our personal injury attorneys at Will Ferguson & Associates at (505) 243-5566 to find out whether you are eligible for compensation for your injuries.

The post What to Expect During a New Mexico Personal Injury Trial appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/what-expect-during-new-mexico-injury-trial/

How to Prove Fault in a New Mexico Personal Injury Case

Around 100 people per day are killed in motor vehicle accidents in the United States. What's more, according to the Fatality Analysis Reporting System of the United States Department of Transportation, in 2018 alone, 33,650 fatal motor vehicle accidents resulted in about 36,560 deaths. Based on these statistics, automotive accidents are the leading cause of death in the United States and worldwide.

It goes without saying that if you have been injured in an accident, you may feel concerned, apprehensive, and tense. As medical expenses mount, it is normal to be anxious about missing work, loss of further earning potential, or dealing with emotional trauma.

Even if the accident or injuries look minor at first, you may be entitled to compensation if someone else's carelessness causes your injuries and other losses.

However, it is not as simple as it may seem. You will likely need to file a personal injury claim and determine fault. The procedure of making a claim for personal injury may be difficult, lengthy, and more involved than you anticipate, but an experienced team of accident attorneys can assist you.

Main Types of Personal Injury in New Mexico

Unfortunately, there were 470 automobile-related deaths in New Mexico in 2021, making car accidents the most common type of personal injury in our state. What's more, this is a substantial rise from the state's 2019 total of 425 road fatalities. According to Jeff Barela, a New Mexico Department of Transportation representative, the primary causes of fatal accidents in New Mexico during the last year were speeding, aggressive driving, and distracted driving. Even more tragically, the number of traffic-related deaths in 2021 was the highest in at least a decade.

The number of road deaths attributable to drunk driving declined throughout the same time. In 2019, there were just under 180 DUI-related accidents in New Mexico. In 2021, there were just 110 remaining. Barela claims a nearly 25 percent decrease in drunk driving-related accident fatalities over the previous year as proof of the lowest number of alcohol-related traffic fatalities in the last two decades.

Despite this, recent insurance statistics found that New Mexico drivers were the second worst in the US owing to the state's high proportion of reckless and drunk drivers.

In addition, data from the National Highway Traffic Safety Administration for New Mexico seems to support these results. Per NHTSA statistics, New Mexico ranked fifth for reckless driving, twelfth for speeding, and tenth for driving under the influence arrests.

Determining Fault After a New Mexico Accident

Numerous states have adopted a "no-fault" system. In these states, each motorist is responsible for having his or her own insurance coverage. If you are injured in a no-fault state, your own vehicle insurance will cover your property damage and a portion of your medical expenses up to the no-fault limitations.

Still, most states include exclusions for deaths and catastrophic injuries. If your injuries are so serious that they surpass your insurance coverage, you may sue the responsible party for the remaining amount.

On the other hand, New Mexico follows a tort-based system, which is the same as a fault-based system. Each driver is thus liable for his or her own behavior and ultimate errors on the road.

In other words, if someone causes an accident, he or she (and his or her insurance company) may be held liable for damages, including bodily injury.

How is Fault Determined in New Mexico?

There are five fundamental characteristics that must be proven so that you can secure damages if you file a personal injury claim:

• Other motorists owe you and all drivers on the road a duty of care: The law states that as soon as you get behind the wheel, you owe those on the road a responsibility to use reasonable care to prevent an accident and protect the welfare of others. A motorist bears a responsibility to all road users, including other drivers, passengers, pedestrians, bicycles, and motorcyclists.
• The motorist in question violated this duty of care: If a motorist performs anything that violates or falls short of their obligation, there is a duty breach. This violation generates a presumption of culpability. However, establishing that the other driver committed an error is insufficient.
• This breach of care ultimately caused your accident: You must also demonstrate that the precise cause of the crash was the other driver's breach. Consider the possibility that a motorist was texting while driving under the influence, both of which are certain violations. If you are the one who rear-ends him at a red light, however, his violation had nothing to do with the collision.
• Finally, your injuries were caused directly by the car crash: After establishing that the other motorist owed you a legal obligation, breached that duty, and so caused the collision, you must demonstrate that you were injured as a direct result of the collision.

This may all seem basic, but it may get complicated. Suppose you have preexisting injuries and are involved in an accident. Even if their driver caused the collision, the insurance company might claim that the collision did not cause your injuries.

Moreover, you must also demonstrate the magnitude of your losses and damages. How severely were you injured, and how much compensation do you deserve for your injuries?

Contact a New Mexico Personal Injury Attorney

The majority of vehicle collisions result in minor injuries or damage. At face value, accidents involving very little property damage and no serious injuries may not necessitate legal counsel.

However, working with an attorney is almost always beneficial, even for minor injuries. Unconsidered aspects of settling a car accident claim include a number of factors that a qualified personal injury lawyer can review with you and yours.

Remember that the best way to safeguard your legal rights after a crash is to consult a personal injury attorney as soon as possible.

Call our automobile accident attorneys at Will Ferguson & Associates at (505) 243-5566 to find out whether you are eligible for compensation for your injuries.

If we determine that you and your family are qualified for compensation, we will handle every aspect of your legal claim and connect you with a team of highly regarded Albuquerque personal injury lawyers.

Contact us immediately for a free, no-obligation consultation about your New Mexico auto accident. We are here to assist you in seeking justice.

The post How to Prove Fault in a New Mexico Personal Injury Case appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/how-to-prove-fault-in-a-new-mexico-personal-injury-case/

Albuquerque, NM - Motor Vehicle Accident Ends in Injuries on I-25 near milepost 223

Albuquerque, NM (May 7, 2023) - A vehicle crash in Albuquerque ended in injuries and traffic delays on the afternoon of May 5. At around 4:35 p.m., emergency responders went to the crash scene to render aid and investigate. 

Reports from local officials show the incident occurred in the southbound lanes of Interstate 25 near milepost 223. An unspecified number of vehicles collided in the area and caused injuries. 

EMTs rendered aid to the injured parties at the crash scene. At this time, how many people were hurt in the wreck has not been reported. 

Police and EMS remained at the scene for an extended time period on Friday afternoon, causing significant delays in traffic. The reason the crash happened is still under local law enforcement investigation at this time. 

We hope for the full and fast recovery of those with injuries. No further information has been reported. 

New Mexico Car Crashes 

New Mexico sees tens of thousands of auto accidents per year that cause injuries and fatalities to numerous people. On average, there are over 60,000 reported car wrecks in the Land of Enchantment annually. These crashes cause injuries to about 20,000 people and take the lives of hundreds each year. Most of the time, unfortunately, these crashes are caused by the actions of negligent drivers. 

In the past decade, driver negligence has become a serious issue in the United States. Driver distraction, fatigue, intoxication, and speeding cause countless collisions each year that injure and take the lives of thousands if not millions of people. Statistics recorded concerning the number of car accidents in the United States show that over 6 million vehicle collisions are reported per year here. Of those collisions, about 3 million people sustain injuries, and over 40,000 lose their lives. 

When you or someone you love sustained injuries in a car accident caused by a negligent driver, you should be able to recover without having to pay for the damages that resulted from your accident. When injuries are imposed upon you by the negligence of others, you deserve to be financially compensated for the costs related to your financial losses. Additionally, you may be facing damages related to emotional turmoil, pain, suffering, and loss of life enjoyment, to name a few. A car crash attorney in Albuquerque can help you collect financial compensation for all of the economic and non-economic damages you may be faced with in the aftermath of a severe accident. 

At the law office of Will Ferguson & Associates, we have been working for decades to help injured accident victims get their lives back on track after they were seriously hurt by driver negligence. A skilled lawyer from our firm can help you learn more about your legal rights and options during this difficult time in your life. 

Call our personal injury law office at your earliest convenience to be connected with a compassionate and knowledgeable attorney who can help you recover after you were hurt by the actions of a negligent, reckless, and/or careless driver. You can reach our firm by dialing (505) 243-5566 to speak with an attorney regarding your case.

The post Albuquerque, NM - Motor Vehicle Accident Ends in Injuries on I-25 near milepost 223 appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/albuquerque-nm-motor-vehicle-accident-ends-in-injuries-on-i-25-near-milepost-223/

Understanding Personal Injury Law in New Mexico

In 2021 alone, state authorities and traffic analysts officially recorded 470 traffic deaths on New Mexico highways. This is a considerable surge compared to our state's 2019 total of 425 road fatalities. Adding insult to injury, speeding, aggressive or careless driving, and driver distraction were the most prevalent causes of these deadly New Mexico accidents. Thankfully, if you've sustained injuries in a vehicle accident caused by another motorist's reckless or negligent actions, the other driver may be liable for your medical expenses and other damages. Victims of vehicle collisions may find that they're entitled to recompense for accident-related expenses, such as hospital bills and other medical expenses, lost wages and earnings, pain and suffering, and much more. If you've suffered damages caused by another driver's negligence in New Mexico, it's important to reach out to a personal injury attorney as soon as possible.

What Are New Mexico's Personal Injury Laws?

To lawfully operate a motor vehicle in New Mexico, drivers must retain liability auto insurance or make a $60,000 cash deposit or surety bond with the state's treasury. Thus, if you are wounded in an accident caused by someone else, that person's insurance should cover your medical expenses up to the policy's maximum. What's more, there are certain requirements for auto insurance in New Mexico. Also referred to as 25/50/10 coverage, this is the minimum coverage required:

• $25,000 per person for bodily injury (BI) or fatality
• $50,000 for the death or injury of two individuals or more in a single incident.
• $10,000 in property damage (PD) per accident.

Still, accident damages typically exceed the minimum insurance coverage. Drivers in New Mexico should protect themselves with more robust coverage. Optional coverage includes the following:

• Comprehensive Coverage: This covers losses not caused by an auto accident, such as those caused by inclement weather, theft, and vandalism.
• Gap Coverage: For those with auto loans, this type of coverage stipulates that insurance pay the difference between a car's market value and the remaining loan balance.
• Medical Coverage: Also known as med pay, this coverage pays for medical expenditures and funeral costs, regardless of fault.
• Rental Coverage and Roadside Support: This allows you to take advantage of rental vehicle reimbursement in the event that your vehicle is out of commission. Roadside support provides access to towing, tire repair, jump starts, or other types of comparable assistance.

Is New Mexico a Fault State?

The state of New Mexico is a fault state, meaning that a driver who caused a vehicle accident must pay for the damages. The state also applies a criterion of pure comparative negligence to claims. Hence, legally, even if a motorist was 90% at fault in an accident, they could still make a claim for compensation, despite being limited to a maximum 10% share of the total settlement. Diminished value also comes into play. New Mexico permits accident victims to submit a claim for a vehicle's lost value with the other driver's insurance company. This is due to the fact that, even after a vehicle undergoes repairs, its resale value will be lower than comparable models that have not been involved in accidents. For this to apply, the following conditions must be met:

• The driver making a claim was not the at-fault party.
• The driver can provide proof of fault with documentation.
• Fewer than four years have passed since the crash.

How is Accident Compensation Determined?

The majority of an automobile accident damage claim's value is determined by pain and suffering, the severity of the injuries a victim suffered, and any other damages. Moreover, injured parties can seek both economic and non-economic damages. Economic damages are often quantifiable expenditures with provable or verifiable costs, such as medical bills, lost wages, and vehicle repairs. Non-economic damages are more subjective but equally valid and include pain and suffering and loss of consortium or companionship.

What is Loss of Consortium?

Loss of consortium is the deprivation or loss of advantages provided by a personal relationship, whether familial or intimate. After an auto accident, a victim's injuries or death may mean that their family, friends, or partners suffer from loss of companionship, comfort, or affection. You may be entitled to file a claim for loss of consortium if your spouse, partner, or other close family member has been wounded or killed due to another driver.

Filing an Insurance Claim After an Accident

Generally, accident victims must make two claims with the at-fault driver's insurance company: one for injuries and another for property damage. Individuals carrying optional coverages such as UIM or collision may also submit a claim with their insurer. Unfortunately, getting fair, full recompense for your damages from insurance adjusters can be difficult or nearly impossible for victims, which is why contacting an attorney after an accident is so important. Remember to never accept an insurance settlement without first talking with a personal injury lawyer. An accident attorney will investigate the facts surrounding a crash, gather evidence, interview witnesses, construct a solid claim for compensation, determine your case's worth, and act as your liaison with third parties, like insurance companies. Furthermore, accident victims should be aware of the statute of limitations in their respective states. If you suffered injuries in a car crash or other accident in New Mexico, you have three years from the date of the incident to file a claim. This includes claims for car accidents, slip-and-falls, dog attacks, medical malpractice, and more.

Contact a New Mexico Personal Injury Attorney

Motor vehicle collisions are devastating, and facing the aftermath is daunting for victims. To preserve your legal rights after an accident in New Mexico, you should contact a skilled attorney immediately. If you or a loved one has been hurt at the hands of a careless driver, please visit the office of Will Ferguson & Associates for a free initial consultation. Call our car accident lawyers in Albuquerque at (505) 243-5566 to determine whether you are entitled to compensation for your injuries. If we find that you and yours are entitled to a potential settlement, we will handle every element of your legal claim. Don't wait to get seasoned legal counsel from our reputable accident attorney team. Reach out to us immediately for a no-cost, no-obligation consultation to discuss the details of your New Mexico car accident today.

The post Understanding Personal Injury Law in New Mexico appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/understanding-personal-injury-law-in-new-mexico/

How Does DUI Affect Accident Fault in New Mexico?

Authorities recorded well over 400 road fatalities in New Mexico over the last year alone, many of which involved drunk drivers. In fact, members of the Eddy County DWI Program reported that a significant number of New Mexicans continue to drive while impaired. According to the group, New Mexico claimed the eighth-highest driving under the influence (DUI) severity score of any state in the country.

You violate New Mexico's DWI or DUI laws if you operate a motor vehicle with a blood or breath alcohol concentration of 0.08% or higher or if you operate a vehicle while under the influence of narcotics or alcohol. A conviction for DUI can have both civil and financial repercussions. Court cases involving intoxicated driving in New Mexico may result in prison time, fines, mandatory DWI educational programs, ignition interlock devices, and more. A conviction for driving under the influence may result in a driver's license suspension of 90 days or more.

However, regardless of the cause, learning more about the actions you should take following a car accident in New Mexico is essential. Vehicle collisions are invariably horrifying and overwhelming for victims, particularly those involving drunk drivers.

Data on DUI Accidents in New Mexico

Experts say New Mexico had 289 arrests for every 100,000 drivers and close to 9 DUI-related fatalities per 100,000 drivers, giving the state a severity score of 67.5. Moreover, the number of accidents involving alcohol in New Mexico increased from 2,020 to 2,150 in the last year alone. Compared to pre-COVID levels, the percentage of total collisions that involved alcohol remained elevated at about 5%. In addition, the number of catastrophic accidents involving alcohol increased to 157, the highest number in at least a decade.

Alcohol's Effects on Drivers

Alcohol rapidly impairs reasoning, vision, concentration, pronunciation, and equilibrium. Everyone metabolizes alcohol in a unique manner, so it is difficult to predict how many alcoholic beverages will send you over the legal limit. Alcohol delays a motorist's reflexes and reaction time, impairs vision, and reduces alertness. As the quantity of alcohol in your system increases, your judgment generally deteriorates.

You will have difficulty gauging distances, speed, and other vehicles' movements. Essentially, alcohol impairs all of the necessary abilities for safe driving. From the intestines, alcohol enters the bloodstream and travels to all areas of the body. The drug reaches the brain within 20 to 40 minutes and affects the areas responsible for attention and reaction time, to name just a few. This is simply one of many reasons why alcohol consumption is so hazardous.

Drinking and Driving in New Mexico

In approximately 40% of fatal automobile accidents across the country, alcohol is a contributing factor. Even one drink can impair driving ability:

• 1 1/2 ounces of 80-proof liquor (one shot glass) plain or with a mixer, 12 ounces of beer (regular size can, bottle, or glass), or a 5-ounce glass of wine constitutes an alcoholic beverage.
• Specialty beverages may contain more alcohol and are equivalent to consuming several standard drinks.

Your body eliminates one of these drinks per hour, and there isn't a foolproof way to sober up quickly. Coffee, fresh air, exercise, and cold showers are ineffective. In other words, there is no safe level of alcohol consumption when driving.

DWI/DUI Laws in New Mexico

If you are found guilty of DWI in New Mexico for the first time, you will have to pay steep fines and court fees and may be sent to prison. You will also be required to undergo treatment and install an ignition interlock device in your vehicle, and authorities have the ability to revoke your driver's license. Additional convictions for DWI will result in higher penalties, more prison time, and a lengthier license suspension. Any conviction for driving under the influence will remain on your driving record for 55 years.

Furthermore, if you are arrested for DWI, and your breath test is at or above the legal limit, or you refuse to take the test, your license will be confiscated immediately. The officer confiscates your driver's license and notifies the Motor Vehicle Division, which then suspends it for up to one year. If you are found guilty in court, your license will be suspended in a separate proceeding. When a police officer confiscates your license, you have twenty days before the revocation takes effect.

If you wish to contest the revocation, you must request a hearing within ten days of your arrest. The request must be submitted in writing along with a $25 hearing fee or a sworn statement of indigence. The hearing will occur within ninety days.

What is Implied Consent in New Mexico?

Under New Mexico law, anyone operating a motor vehicle is presumed to have consented to a breath or blood test, also known as Implied Consent. However, remember that this requirement only applies if the officer has probable cause to believe the motorist in question is under the influence of alcohol or narcotics.

Filing a Claim After a DUI Accident

Whether or not an inebriated driver caused an accident, filing a police report after a car crash in New Mexico is paramount. In fact, state law requires drivers to contact officers following a car accident in New Mexico as quickly as they can.

In addition, if you intend to file a claim for personal injury, you will need this form of evidence to support your case. A police report can also be used to your advantage when communicating and negotiating with insurers.

Contact a Vehicle Accident Lawyer in Albuquerque

If an intoxicated driver in New Mexico has injured you or a loved one, you should contact an experienced attorney as soon as possible to safeguard your legal rights. Please get in touch with Will Ferguson & Associates for a free consultation if you've been involved in a crash caused by another driver's carelessness.

Contact our Albuquerque car accident lawyers at (505) 243-5566 to find out if you are eligible for compensation. We will manage all aspects of your case if we determine that you and your family have a valid claim for compensation. Do not hesitate to contact our skilled and compassionate accident attorneys for the seasoned legal counsel you deserve.

The post How Does DUI Affect Accident Fault in New Mexico? appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/how-does-dui-affect-accident-fault-in-new-mexico/

How is Fault Determined For Single-Vehicle Accidents in New Mexico?

Around 100 people per day are killed in motor vehicle accidents in the United States. What’s more, according to the Fatality Analysis Reporting System of the United States Department of Transportation, in 2018 alone, 33,650 fatal motor vehicle accidents resulted in about 36,560 deaths. Based on these statistics, automotive accidents are the leading cause of death in the United States and worldwide. It goes without saying that if you have been injured in an accident, you may feel concerned, apprehensive, and tense. As medical expenses mount, it is normal to be anxious about missing work and losing further earning potential or dealing with emotional trauma. Even if the accident or injuries look minor at first, you may be entitled to compensation if someone else’s carelessness causes your injuries and other losses. However, it is not as simple as it may seem. You will likely need to file a personal injury claim and determine fault. The procedure of making a claim for personal injury may be difficult, lengthy, and more involved than you anticipate, but an experienced team of accident attorneys can assist you.

New Mexico Auto Accident Data

Unfortunately, there were 470 automobile-related deaths in New Mexico in 2021. This is a substantial rise from the state’s 2019 total of 425 road fatalities. According to Jeff Barela, a New Mexico Department of Transportation representative, the primary causes of fatal accidents in New Mexico during the last year were speeding, aggressive driving, and distracted driving. Even more tragically, the number of traffic-related deaths in 2021 was the highest in at least a decade. The number of road deaths attributable to drunk driving declined throughout the same time. In 2019, there were just under 180 DUI-related accidents in New Mexico. In 2021, there were just 110 remaining. Barela claims a nearly 25 percent decrease in drunk driving-related accident fatalities over the previous year as proof of the lowest number of alcohol-related traffic fatalities in the last two decades. Despite this, recent insurance statistics found that New Mexico drivers were the second worst in the US owing to the state’s high proportion of reckless and drunk drivers. In addition, data from the National Highway Traffic Safety Administration for New Mexico seems to support these results. Per NHTSA statistics, New Mexico ranked fifth for reckless driving, twelfth for speeding, and tenth for driving under the influence arrests.

Determining Fault After a Car Accident

Numerous states have adopted a “no-fault” system. In these states, each motorist is responsible for having his or her own insurance coverage. If you are injured in a no-fault state, your own vehicle insurance will cover your property damage and a portion of your medical expenses up to the no-fault limitations. Still, most states include exclusions for deaths and catastrophic injuries. If your injuries are so serious that they surpass your insurance coverage, you may sue the responsible party for the remaining amount. On the other hand, New Mexico follows a tort-based system, which is the same as a fault-based system. Each driver is thus liable for his or her own behavior and ultimate errors on the road. In other words, if someone causes an accident, he or she (and his or her insurance company) may be held liable for damages, including bodily injury.

How is Fault Determined in New Mexico?

There are five fundamental characteristics that must be proven so that you can secure damages if you file a personal injury claim:

• Other motorists owe you and all drivers on the road a duty of care: The law states that as soon as you get behind the wheel, you owe those on the road a responsibility to use reasonable care to prevent an accident and protect the welfare of others. A motorist bears a responsibility to all road users, including other drivers, passengers, pedestrians, bicycles, and motorcyclists.
• The motorist in question violated this duty of care: If a motorist performs anything that violates or falls short of their obligation, there is a duty breach. This violation generates a presumption of culpability. However, establishing that the other driver committed an error is insufficient.
• This breach of care ultimately caused your accident: You must also demonstrate that the precise cause of the crash was the other driver’s breach. Consider the possibility that a motorist was texting while driving under the influence, both of which are certain violations. If you are the one who rear-ends him at a red light, however, his violation had nothing to do with the collision.
• Finally, your injuries were caused directly by the car crash: After establishing that the other motorist owed you a legal obligation, breached that duty, and so caused the collision, you must demonstrate that you were injured as a direct result of the collision.

This may all seem basic, but it may get complicated. Suppose you have preexisting injuries and are involved in an accident. Even if their driver caused the collision, the insurance company might claim that the collision did not cause your injuries. Moreover, you must also demonstrate the magnitude of your losses and damages. How severely were you injured, and how much compensation do you deserve for your injuries?

Contact a New Mexico Car Accident Attorney

The majority of vehicle collisions result in minor injuries or damage. At face value, accidents involving very little property damage and no serious injuries may not necessitate legal counsel. However, working with an attorney is almost always beneficial, even for minor injuries. Unconsidered aspects of settling a car accident claim include a number of factors that a qualified personal injury lawyer can review with you and yours. Remember that the best way to safeguard your legal rights after a crash is to consult a personal injury attorney as soon as possible. Call our automobile accident attorneys at Will Ferguson & Associates at (505) 243-5566 to find out whether you are eligible for compensation for your injuries. If we determine that you and your family are qualified for compensation, we will handle every aspect of your legal claim and connect you with a team of highly regarded Albuquerque car accident lawyers. Contact us immediately for a free, no-obligation consultation about your New Mexico auto accident. We are here to assist you in seeking justice.

The post How is Fault Determined For Single-Vehicle Accidents in New Mexico? appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/how-is-fault-determined-for-single-vehicle-accidents-in-new-mexico/

How Does Premises Liability Work in New Mexico?

A premises liability claim is founded on carelessness, much like a personal injury claim. In the simplest terms, a victim was hurt because of a property owner’s negligence.

However, laws on premises liability vary from state to state. In New Mexico, for example, premises liability statutes do not differentiate between an “invitee” and a “licensee,” as in certain states. Despite the fact that this clarifies certain points, there is still a lot to learn.

Knowing New Mexico’s rules on premises liability is the first step. But if you have questions about premises liability laws in New Mexico or want to learn how to file a claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately.

How is Premises Liability Defined?

The legal concept of “premises liability” relates to a property owner’s duty to ensure invitees’ safety. It’s crucial to remember that not every accident may be considered premises responsibility since certain criteria must be met.

The duty of care in New Mexico for a property owner falls into one of two categories. Either they must ensure the safety of their property at all times or provide notice of any potential dangers.

Injuries sustained on private property do not immediately give rise to a claim for damages under premises responsibility. For instance, you could not sue the property owner if the accident was determined to be your fault rather than the consequence of harmful circumstances on the property.

Similarly, you may not be successful in a lawsuit against a property owner who gave you enough notice of potentially hazardous situations.

To illustrate, suppose the owner of the property posted a notice that you shouldn’t walk on a sidewalk or path because of broken pavement. If you ignore that warning, trip over the damaged sidewalk, and subsequently suffer injuries, a judge might decide that the property owner is not responsible since you were given sufficient notice.

Laws on Comparative Negligence in New Mexico

Comparative fault or negligence applies in New Mexico. In other words, if both the plaintiff and the defendant are determined to share fault, the parties will divide the damages according to their respective degrees of liability.

To put it another way, suppose the court finds the defendant 60% at fault and you, the plaintiff, 40%. You might collect as much as 60% of the total cost of damages you incurred as a result of the accident from the defendant. You’d then be responsible for the remaining 40%.

Exceptions to Premises Liability Laws

Of course, there are some exceptions to laws on premises liability in New Mexico. For instance, you cannot pursue a claim for premises responsibility if the accident occurred while you were trespassing on someone else’s private property. This is true even if your injuries and damages were caused by the owner’s carelessness with the property’s upkeep.

Liability For Property Injuries

Now that we’ve covered how New Mexico’s premises liability laws function, we can get into the nitty-gritty of what kinds of damage those statutes protect against.

Lack of Security in Premises Liability

It goes without saying that when security measures are inadequate, criminal conduct is more likely to occur. The crime rate in a region and the nature of the property itself are only two of many considerations when determining whether or not security measures are insufficient enough to lead to injuries or other damages.

Unsafe Conditions Under Premises Liability

While accidents caused by unsafe conditions are easier to identify, many other types of accidents also fall under this category.

For example, there is a high rate of slip-and-fall incidents within the scope of premises liability. Weather factors like ice or severe rains that the property owner did not account for might be to blame for these incidents. Uneven or unstable flooring, damaged stair rails, and other similar hazards may also contribute to such injuries.

What’s more, lack of maintenance on elevators, exposed wires, chemical hazards, and dangling items all contribute to an unsafe physical environment. Not enclosing or maintaining a swimming pool properly may also create a hazardous environment.

Inadequate lighting or illumination is an example of a situation that is hard to establish (but does occur). The argument rests on the assumption that the plaintiff had injuries because they didn’t have enough light to see and identify and avoid hazards.

How Do I File a Premises Liability Claim?

After reviewing this initial rundown of premises liability, you should see an attorney if you think you have a case. Once a qualified attorney is able to go over the details of your specific accident, they might find that you’re eligible for a settlement. From there, your lawyers will begin collecting evidence, such as medical records and invoices.

In addition, your lawyer will look into the property owner’s maintenance logs to find out how long the property has been hazardous, whether or not the owner may have known about the damage and other relevant details.

Remember that the claims process might take a long time, so you should continue documenting your injuries, treatment, and any surrounding specifics regarding your claim. In the meantime, your case will be built and filed in New Mexico’s equivalent of small claims court, known as the Magistrate Court.

And when it comes to the state’s statute of limitations, it’s also important to keep in mind that you only have three years from the time of your injuries to file a personal injury claim in New Mexico. With a few notable exceptions, this three-year period begins on the day of the injury. 

Contact a Premises Liability Attorney in New Mexico

At Will Ferguson & Associates, our clients are important to us. We have been assisting victims of personal injury and disability since 1983 and can help you as well. 

Moreover, in cases involving personal injury, we work on a contingency basis, which means you owe no fee unless we recover compensation for you. Even if a substantial fee reduction is required, our law firm’s policy is to not charge more in fees than the client receives from a verdict or settlement, absent extraordinary circumstances.

Call our personal injury attorneys at Will Ferguson & Associates at (505) 243-5566 to find out whether you are eligible for compensation for your injuries.

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