How Does Liability Work For Truck Accident Claims in New Mexico?

In the United States, 500,000 accidents involving semi-trucks occur annually, resulting in hundreds of thousands of injuries and an estimated 5,000 fatalities.

But just how often do collisions involving semi-trucks occur in New Mexico? And who can be held liable if you’ve been involved in one of these incidents?

Needless to say, accidents involving commercial vehicles in New Mexico are often catastrophic for all parties involved. Thankfully, if you’ve been involved in one of these crashes, our New Mexico truck accident lawyers at Will Ferguson & Associates are available to assist in the aftermath. We’ll help you learn more about potential damages, recompense, and regaining your livelihood after a devastating truck crash.

Truck Accident-Related Injuries

Almost 1,400 of the roughly 43,000 vehicle accidents that occur yearly in New Mexico include semi-trucks. And tragically, semi-truck accidents in New Mexico are four times more likely to result in fatalities than other incidents.

Like other vehicle accidents, incidents involving semi-trucks may result in serious injuries and casualties. But in contrast to wrecks involving smaller passenger sedans and the typical cars driven by your average motorist, collisions involving semi-trucks may result in particularly catastrophic damage due to their size.

Truck accident attorneys in New Mexico are able to assist clients in recovering compensation in the following situations:

• The accidental death of a family member
• Fractures and dislocations
• Traumatic brain injuries
• Spinal cord injuries
• Significant back or neck injuries
• Amputations and/or crush wounds
• Scarring and permanent deformation

Filing For Recompense of Medical Expenses

In fact, medical expenses often account for the majority of compensation awards in New Mexico and may include recompense for the following:

• Hospitalizations, surgeries, and prosthetics
• Mobility devices
• Provisions for your home or automobile to accommodate a disability
• Rehabilitation
• Ongoing medical visits
• Long-term treatment like pharmaceuticals and in-home care
• Income loss or loss of earning potential

Suppose you’ve had to take time off work for your injuries and subsequent recovery and rehabilitation. Thus, because your injuries from an accident prohibit you from returning to work, you are eligible to file a claim for loss of current and future income.

Furthermore, truck accidents typically cause extensive damage to private property. A fully loaded semi-truck may weigh more than 80,000 pounds, allowing it to decimate nearly everything in its path.

Generally, compensation consists of car repairs and replacement. Property damage can also cover roads, residences, other buildings, and the land itself if the accident has resulted in damage.

What Are Non-Economic Damages?

Non-economic damages relate to physical and psychological losses incurred as a result of accidents. This is often known as compensation for pain and suffering and may include the following losses:

• Chronic aches and pains
• Persistent disability
• Disfigurement
• Scarring
• Decreased quality of life
• Emotional trauma and stress
• Depression and anxiety
• Trauma-related stress disorder

Knowledge of all the relevant damages you may seek is crucial to the claims process. A seasoned New Mexico truck accident attorney will be aware of the compensation you are legally entitled to, allowing you to secure the highest possible settlement. Without a skilled lawyer on your side, you may be forced to settle for less than you deserve from an insurance company or third party.

Punitive Damages in New Mexico

The carelessness or negligence of truck drivers and trucking companies causes the majority of these accidents throughout New Mexico. Sometimes, though, this neglect evolves into irresponsible and plain harmful behavior.

In truck accidents, punitive damages are difficult to claim due to the high burden of evidence required to establish that the defendant’s acts were negligent or malicious. The court will evaluate the purpose or degree of the negligence of the defendant based on the facts surrounding the event or accident that caused your injuries. Theoretically, punitive damages may be awarded in any accident, including vehicle accidents, slip-and-falls, premises liability cases, and the like.

Although punitive damages in New Mexico are rare to be awarded in a typical lawsuit, they may be awarded in unusual situations. For example, if the defendant was very inebriated at the time of the accident, this may qualify for punitive damages. Similarly, if the manufacturer of a certain prescription medicine deliberately placed a hazardous drug on the market and it caused the death of a person, this may constitute recklessness to the point that punitive damages could be granted.

Punitive damages are granted to the aggrieved party in order to punish the at-fault party and deter them from repeating their negligent actions. Your New Mexico truck accident attorney must demonstrate at least one of the following to successfully secure punitive damages on your behalf:

• Conduct that shows blatant disregard for safety
• Willful or reckless behavior leading to the accident in question

According to New Mexico law, all drivers have a “duty of care” regardless of vehicle type. And most of the time, commercial truck drivers are held to an even higher standard.

Essentially, drivers have a fundamental obligation to follow traffic laws and not to threaten the safety of others. Punitive damages will only be granted if it can be shown that the driver acted with indifference or intentional disdain for the safety of others, going beyond basic carelessness.

For instance, accidents involving a blatant lack of care, such as head-on collisions or intersections where someone deliberately ignored traffic signals, are more likely to result in punitive damages.

Other situations in which punitive damages may be assessed include:

• Driving when impaired by drugs or alcohol
• Overly aggressive and reckless driving, like excessively speeding or weaving in and out of traffic
• Driving on the wrong side of the road or jumping the sidewalk
• Vehicle failure or manufacturer error (a vehicle’s manufacturer would be held accountable for their defective product)

Contact a Truck Accident Attorney in New Mexico

If you or a loved one has been involved in a truck accident, you have the right to know your legal rights and the compensation to which you are entitled. Our committed staff will not be intimidated by pushy insurance companies or negligent parties.

On your behalf, we will work diligently and stop at nothing to negotiate a fair settlement for you and yours. If you’ve been involved in a truck accident in New Mexico, please call Will Ferguson & Associates now for a free consultation.

Our compassionate and caring attorneys know what it takes to build a strong accident claim, and our team is committed to helping you safeguard your legal rights at every step.

The post How Does Liability Work For Truck Accident Claims in New Mexico? appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/how-does-liability-work-for-truck-accident-claims-in-new-mexico/

Filing a Wrongful Death Claim after a New Mexico Accident

Every year, accidents across the state of New Mexico take the lives of thousands of innocent people. The unexpected and sudden loss of a loved one can be incredibly difficult to deal with. Unfortunately, there are countless cases where innocent people die due to the negligent or reckless actions of others.

If the negligence of another person has taken the life of your loved one, it is crucial that you are aware of the legal options that you have. In most cases, families are able to seek compensation from the responsible party by filing a wrongful death claim. There are various circumstances that can give rise to a wrongful death action after a sudden and unexpected loss.

Cases that Give Rise to Wrongful Death Claims

Wrongful death cases can be filed under various circumstances. Some instances are more common than others. Some of the most commonly argued circumstances surrounding wrongful death claims are:

• Automobile accidents: Approximately 40,000 people across the United States will lose their lives every year due to a vehicle accident. In these types of accidents, some of the major causes of fatality are careless driving, driving under the influence of alcohol, and driving while distracted.
• Medical Malpractice: Each year, millions of people put their lives in the hands of the professionals who work in the medical field. These people are highly skilled experts in their industry, and they save a significant number of lives every day. Regrettably, there are a great number of cases in which significant errors made during treatments or procedures might have quite undesirable outcomes. In some instances, medical professionals fail to provide an accurate diagnosis, provide patients with the incorrect dosage of medications, or even operate in unsanitary settings. All of these scenarios have the potential to end in death, making doctors legally responsible for the chain of events that led up to the patient’s passing.
• Premises Liability: Those who do not properly maintain the safe conditions of their property may be held legally responsible for any resulting fatalities. The absence of stair rails, broken walkways, and inadequate lighting can all pose serious health risks. It is essential for property owners to take any and all necessary procedures to ensure that their land is secure and risk-free for guests. Property owners might be held accountable for the loss of life if they ignore dangerous conditions on their properties, such as broken electrical wiring, fractured flooring, or inadequate security measures.
• Unsafe Medical Equipment, medications, or medical products: Individuals purchase medications and medical equipment under the expectation that the device or product is going to function as intended. People assume that these things are safe to use. Commercial products are required to adhere to strict liability standards. Unfortunately, this is not always the case. In many situations, businesses are in a hurry to release their products onto the market without first assuring that they are free of any health or safety risks. They might take shortcuts during manufacture or sell goods designed with hazards from the beginning of the process. When a manufacturer sells a product knowing that it is harmful for consumers to use, they take full legal responsibility for any deaths or injuries resulting from the product being used.
• Nursing Homes: Wrongful death claims can be filed against nursing homes if they fail to provide adequate patient care. Successfully providing liability against a nursing home requires a claimant to show that some elderly abuse or neglect took place and resulted in the death. These cases often require witness statements, medical examinations, and photographs or videos showing abuse marks or behaviors.
• Death In A Hospital: A family member may be able to file a wrongful death claim against a hospital if a patient dies due to negligence on behalf of medical personnel under certain circumstances. Hospitals are generally not held liable for deaths that were caused by sub-contractors to the hospital. Only deaths caused by a negligent act by direct hospital employees can result in a successful lawsuit.

Unfortunately, any act of negligence can have devastating consequences for others around.

How Long Do Wrongful Death Lawsuits Take

Although the emotional and financial suffering results instantly after the death of a loved one, wrongful death lawsuits are not as quick to respond. The length of the settlement depends upon various factors. The number of parties involved and their willingness to settle will majorly impact a speedy recovery.

When parties are unwilling to settle, cases can take several months or years from the initial filing to the actual collection of compensation for damages. Hiring an experienced attorney will greatly improve your chances of filing a successful lawsuit to recover the maximum amount of compensation for your case.

Working with a knowledgeable legal team can help to provide you with the best chance of holding the negligent party accountable. Your attorney can take the legal work off your shoulders, so you can focus on your family and moving forward.

It is heartbreaking when a loved one dies due to an auto accident, workplace accident, or another act of negligence. No amount of justice can bring them back, but it is important that their death be acknowledged and the responsible party held accountable for their actions.

Work with a Wrongful Death Lawyer

Will Ferguson & Associates has decades of experience helping families pursue New Mexico wrongful death claims against negligent parties in order to achieve closure and justice. We understand how difficult this time may be for you and your family, which is why we offer all our services on a contingency fee basis so that your family never has to worry about covering any legal fees upfront. If you have lost a loved one due to an auto accident or another form of negligence and seek justice in honoring their memory, please do not hesitate to reach out to our New Mexico law firm as soon as possible at (505) 243-5566 so that we can start building the strongest wrongful death lawsuit possible for your family today.

The post Filing a Wrongful Death Claim after a New Mexico Accident appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/filing-a-wrongful-death-claim-after-a-new-mexico-accident/

Albuquerque, NM – I-25 Scene of Injury Accident near Bobby Foster Rd

Albuquerque, NM (March 17, 2023) – On the morning of March 17, at approximately 11:00 a.m., emergency crews were dispatched to the scene of an accident in Albuquerque. Reports show the incident took place on Interstate 25 for reasons still being investigated by police. 

Sources report the wreck happened on Interstate 25 near Bobby Foster Road. Vehicles crashed on the interstate and caused at least one person to become injured. 

EMTs helped wounded individuals at the scene before transporting them to local hospitals for further care. Few details are currently available to report concerning the nature of the accident. 

We hope for the full recovery of those with injuries. 

New Mexico Vehicle Collisions

Each year, approximately 60,000 vehicle accidents happen in New Mexico. Statistics show that around 90% of auto accidents in the United States happen due to driver negligence. This includes distraction, inexperience, fatigue, speeding, and intoxication. Over 30% of deadly car wrecks in New Mexico happen because of drunk drivers. Distracted driving results in over 1 million vehicle accidents per year in the United States, while drowsy driving contributes to approximately 100,000 car crashes per year. 

Fault and negligence issues are complex, which is why a skilled personal injury attorney in Albuquerque will use an array of sources to help you determine who or what caused your collision. A lawyer will reference witness statements, police reports, and state traffic rules to help you determine the cause of your wreck. A negligent party can be held accountable for the costs associated with damages to your property or person. 

The car accident attorneys in Albuquerque at Will Ferguson & Associates fully understand how difficult your life can get if you’ve been injured in a car crash. You may be stuck recovering in the hospital while unable to work. Your injuries could have drastically altered your life and ability to function. If another person’s negligent actions led to your injuries, it is a smart move to hire a trusted and experienced car accident attorney who will be able to help you collect compensation. You will greatly benefit from our immense experience with personal injury law, our compassionate staff, and our valuable resources. 

A car wreck can happen in the blink of an eye but it can change your life forever. Our skilled car crash attorneys in Albuquerque are here to assist you in recovering physically, emotionally, and financially. You can reach us at (505) 243-5566 to speak with a lawyer regarding your case. 

 You should not have to pay for sustaining injuries due to the negligence of another person. You deserve skilled and considerate representation. Call our firm as soon as you can to get started on your recovery.

The post Albuquerque, NM – I-25 Scene of Injury Accident near Bobby Foster Rd appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/albuquerque-nm-i-25-scene-of-injury-accident-near-bobby-foster-rd/

Seeking Damages After a New Mexico Truck Accident

In the United States, 500,000 accidents involving semi-trucks occur annually, resulting in hundreds of thousands of injuries and an estimated 5,000 fatalities.

But just how often do collisions involving semi-trucks occur in New Mexico? And if you’ve been involved in one of these incidents, what types of damages can you seek?

Needless to say, accidents involving commercial vehicles in New Mexico are often catastrophic for all parties involved. Thankfully, if you’ve been involved in one of these crashes, our New Mexico truck accident lawyers at Will Ferguson & Associates are available to assist in the aftermath. We’ll help you learn more about potential damages, recompense, and regaining your livelihood after a devastating truck crash.

Truck Accident-Related Injuries

Almost 1,400 of the roughly 43,000 vehicle accidents that occur yearly in New Mexico include semi-trucks. And tragically, semi-truck accidents in New Mexico are four times more likely to result in fatalities than other incidents.

Like other vehicle accidents, incidents involving semi-trucks may result in serious injuries and casualties. But in contrast to wrecks involving smaller passenger sedans and the typical cars driven by your average motorist, collisions involving semi-trucks may result in particularly catastrophic damage due to their size.

Truck accident attorneys in New Mexico are able to assist clients in recovering compensation in the following situations:

• The accidental death of a family member
• Fractures and dislocations
• Traumatic brain injuries
• Spinal cord injuries
• Significant back or neck injuries
• Amputations and/or crush wounds
• Scarring and permanent deformation

Filing For Recompense of Medical Expenses

In fact, medical expenses often account for the majority of compensation awards in New Mexico and may include recompense for the following:

• Hospitalizations, surgeries, and prosthetics
• Mobility devices
• Provisions for your home or automobile to accommodate a disability
• Rehabilitation
• Ongoing medical visits
• Long-term treatment like pharmaceuticals and in-home care
• Income loss or loss of earning potential

Suppose you’ve had to take time off work for your injuries and subsequent recovery and rehabilitation. Thus, because your injuries from an accident prohibit you from returning to work, you are eligible to file a claim for loss of current and future income.

Furthermore, truck accidents typically cause extensive damage to private property. A fully loaded semi-truck may weigh more than 80,000 pounds, allowing it to nearly decimate everything in its path.

Generally, compensation consists of car repairs and replacement. Property damage can also cover roads, residences, other buildings, and the land itself if the accident has resulted in damage.

What Are Non-Economic Damages?

Non-economic damages relate to physical and psychological losses incurred as a result of accidents. This is often known as compensation for pain and suffering and may include the following losses:

• Chronic aches and pains
• Persistent disability
• Disfigurement
• Scarring
• Decreased quality of life
• Emotional trauma and stress
• Depression and anxiety
• Trauma-related stress disorder

Knowledge of all the relevant damages you may seek is crucial to the claims process. A seasoned New Mexico truck accident attorney will be aware of the compensation you are legally entitled to, allowing you to secure the highest possible settlement. Without a skilled lawyer on your side, you may be forced to settle for less than you deserve from an insurance company or third party.

Punitive Damages in New Mexico

The carelessness or negligence of truck drivers and trucking companies causes the majority of these accidents throughout New Mexico. Sometimes, though, this neglect evolves into irresponsible and plain harmful behavior.

In truck accidents, punitive damages are difficult to claim due to the high burden of evidence required to establish that the defendant’s acts were negligent or malicious. The court will evaluate the purpose or degree of the negligence of the defendant based on the facts surrounding the event or accident that caused your injuries. Theoretically, punitive damages may be awarded in any accident, including vehicle accidents, slip-and-falls, premises liability cases, and the like.

Although punitive damages in New Mexico are rare to be awarded in a typical lawsuit, they may be awarded in unusual situations. For example, if the defendant was very inebriated at the time of the accident, this may qualify for punitive damages. Similarly, if the manufacturer of a certain prescription medicine deliberately placed a hazardous drug on the market and it caused the death of a person, this may constitute recklessness to the point that punitive damages could be granted.

Punitive damages are granted to the aggrieved party in order to punish the at-fault party and deter them from repeating their negligent actions. Your New Mexico truck accident attorney must demonstrate at least one of the following to successfully secure punitive damages on your behalf:

• Conduct that shows blatant disregard for safety
• Willful or reckless behavior leading to the accident in question

According to New Mexico law, all drivers have a “duty of care” regardless of vehicle type. And most of the time, commercial truck drivers are held to an even higher standard.

Essentially, drivers have a fundamental obligation to follow traffic laws and not to threaten the safety of others. Punitive damages will only be granted if it can be shown that the driver acted with indifference or intentional disdain for the safety of others, going beyond basic carelessness.

For instance, accidents involving a blatant lack of care, such as head-on collisions or intersections where someone deliberately ignored traffic signals, are more likely to result in punitive damages.

Other situations in which punitive damages may be assessed include:

• Driving when impaired by drugs or alcohol
• Overly aggressive and reckless driving, like excessively speeding or weaving in and out of traffic
• Driving on the wrong side of the road or jumping the sidewalk
• Vehicle failure or manufacturer error (a vehicle’s manufacturer would be held accountable for their defective product)

Contact a Truck Accident Attorney in New Mexico

If you or a loved one has been involved in a truck accident, you have the right to know your legal rights and the compensation to which you are entitled. Our committed staff will not be intimidated by pushy insurance companies or negligent parties.

On your behalf, we will work diligently and stop at nothing to negotiate a fair settlement for you and yours. If you’ve been involved in a truck accident in New Mexico, please call Will Ferguson & Associates now for a free consultation.

Our compassionate and caring attorneys know what it takes to build a strong accident claim, and our team is committed to helping you safeguard your legal rights at every step.

The post Seeking Damages After a New Mexico Truck Accident appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/seeking-damages-after-a-new-mexico-truck-accident/

How is Accident Fault Established 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 Accident Fault Established in New Mexico? appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/how-is-accident-fault-established-in-new-mexico/

What Should I Do After a Car Accident in New Mexico?

State officials and traffic experts documented well over 450 road fatalities in New Mexico over the last year alone. This is a significant increase compared to the prior year’s total of 425 deaths throughout our state. Adding insult to injury, the leading causes of these fatal New Mexico accidents were speeding, aggressive or reckless driving, and driver distraction.

Thankfully, if you’ve sustained injuries in a vehicle accident caused by another motorist’s negligent actions, the other driver may be liable for your medical expenses and other damages.

But first, knowing more about the steps you should take following a vehicle crash in New Mexico is important. It goes without saying that vehicle collisions are terrifying and overwhelming for victims. However, taking the right precautions and steps at the scene can ensure you have the best chance of securing the justice and accident settlement you deserve.

Data on Car Wrecks in New Mexico

According to the Insurance Institute of Highway Safety, in 2019 alone, there were over 33,000 fatal accidents in the United States, nearly 370 of which happened in New Mexico.

The most frequent causes of these New Mexico vehicle accidents are:

• Excessive speed
• Inattentive and distracted driving
• Driving while impaired by alcohol or drugs
• Falling asleep behind the wheel
• Overtaking or passing other cars illegally
• Driving in inclement weather or other hazardous conditions
• Reckless driving and ignoring basic traffic laws

Should You Move Your Car After a Crash?

Yes, it’s important for those involved in a car accident to transfer their vehicles to a secure location. Following a minor collision, all drivers are advised to pull over before exiting their vehicle. Not only does this help avoid traffic jams, but it also keeps you safe from being struck by other oncoming vehicles.

Still, there are almost always exceptions to any rule. In more serious car accidents, when victims are badly hurt, airbags have deployed, or the involved vehicles are totaled, you must first slowly exit your vehicle.

If you and the other parties can safely move your cars, then you can proceed. But if any of the cars emit smoke, strange odors, or fluids, get away from the area and maintain a safe distance from the crash site.

Seeking Medical Care After a Crash

Arguably the most essential step, seeking medical care after a vehicle accident is paramount. The after-crash adrenaline may hide seemingly minor injuries and body aches for several hours or even days, so car accident injuries often go unreported.

Even if you feel all right, you should seek medical assistance promptly after a vehicle accident for your physical health and, ultimately, for your financial well-being, especially if you choose to file a claim in the future.

Regardless of your injuries, get a precautionary check-up from your doctor on the same day of the accident or the next day, if possible.

Finally, if a police officer, another passenger or driver, bystander, or insurance adjuster asks about potential injuries you’ve sustained, don’t respond until you’ve sought treatment and received a medical professional’s opinion.

Filing a Police Report After a New Mexico Accident

Next, make sure that you call 911, especially if you or another party involved in the crash has sustained injuries. People often avoid contacting the police, particularly if they believe they might be ticketed or blamed for a crash.

But filing a police report after a wreck in New Mexico is essential for documentation of the crash’s circumstances. In fact, state law stipulates that the involved parties are required to contact authorities following a serious car accident in New Mexico as quickly as they can.

What’s more, if you intend to file a personal injury claim, you’ll need this type of documentation to support your case. You can also use a police report to your benefit when communicating and negotiating with insurers.

Once officers arrive at the scene of your crash, don’t acknowledge fault or disclose injuries. Exchange information and contact details, but keep communication simple and straightforward without making emotionally-charged statements or attempting to influence police.

Exchanging Contact Information After a Crash

As the officer works on their police report, take the opportunity to snap a few pictures of the accident site. These photos should show your car, all of the other vehicles involved, vehicle and related property damage (such as a bent guardrail or street sign), and all injuries. Furthermore, ensure you exchange insurance and contact details with any other drivers involved in the collision.

If the collision happened on a high-traffic roadway or street with bystanders in the area, seek out those possible witnesses and exchange information with them as well.

Consult an Attorney After a New Mexico Accident

Call a car accident attorney as soon as you’ve taken care of the above steps. A personal injury attorney will assist you in building your case, gathering evidence, and presenting your claim to bolster your chances of claiming your full, fair compensation for any accident-related expenses.

Insurance firms often exploit unrepresented drivers by pressuring them to assume fault or responsibility for a crash. If they do offer a settlement, it’s typically well below the recompense victims need to cover their damages. However, a qualified New Mexico accident attorney can assist you in protecting your legal rights.

In the meantime, remember not to discuss any injuries or accident fault with police officers or insurance adjusters until you’ve retained legal assistance. An auto accident attorney can act as your point person with third parties and guide you through the claim process so that you do not inadvertently admit fault, miss deadlines, or forget any necessary documentation you need.

Call a Car Accident Lawyer in Albuquerque

No matter the circumstances surrounding each specific crash, auto accidents are catastrophic, and it’s common for victims to shoulder the brunt of the aftereffects. For this reason and more, if you’ve suffered injuries from a negligent driver in New Mexico, you should promptly contact an experienced attorney to protect your legal rights.

If a reckless motorist has injured you or a loved one, please get in touch with Will Ferguson & Associates for a free initial consultation. Contact our Albuquerque car accident attorneys at (505) 243-5566 to learn more about your eligibility for compensation.

If we determine that you and your family have a viable claim for recompense, we will handle all aspects of your case. Do not delay reaching out for the seasoned legal guidance you deserve from our experienced, compassionate accident attorneys. Call us now for a no-cost, no-obligation consultation to discuss the circumstances surrounding your New Mexico auto accident today.

The post What Should I Do After a Car Accident in New Mexico? appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/what-should-i-do-after-a-car-accident-in-new-mexico/