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.

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

source https://fergusonlaw.com/how-does-premises-liability-work-in-new-mexico/

Will Ferguson & Associates is Now a Proud Yellow Card Corporate Sponsor for New Mexico United

The highly esteemed law firm of Will Ferguson & Associates is pleased to announce that after proudly sponsoring New Mexico United, Albuquerque’s professional soccer team, for the past three years, we are now officially a Yellow Card sponsor. The team is part of the United Soccer League Championship (USLC), which is a professional men’s soccer league that started in 2011 and is operated by the United States Soccer Federation.

Our law firm strongly believes in the importance of nurturing the community we serve, so supporting our city’s professional soccer team is one great way to do that. Will Ferguson released a statement wishing the team the best this season, which begins on April 15 at 7 p.m. He encouraged everyone in the area to get out and catch the season opener for a fun and unique family activity. Tickets are available for purchase on the team’s website.

More about New Mexico United

New Mexico United got its start in 2018 when it was founded in Albuquerque. In June of that year, the USL made an announcement that an expansion club would start playing in March 2019. The colors and name were announced later in 2018, after ultimately picking a name from the hundreds of fan suggestions that were received.

In the team’s first year of play, they immediately enjoyed success and popularity, selling out Isotopes Park with over 15,000 spectators in average attendance. The club currently plays at the baseball stadium Rio Grande Credit Union Field at Isotopes Park until a stadium specifically for soccer is built.

The team’s mission is to bring a new type of game day experience to New Mexicans. Their website states that they aim to provide a platform for unifying the people of the state of New Mexico in a fun and exciting way. In addition to being a championship-caliber team, their intention is to help grow the state’s economy, employ locals, and showcase the beauty and hope that is intrinsic to the culture of the state of New Mexico.

About Will Ferguson & Associates

The law firm of Will Ferguson & Associates has been serving clients in the Albuquerque, NM community since 1983. Our top personal injury attorneys truly care about our clients and have dedicated our skills and expertise to ensuring we can get the best possible outcomes for the people we represent.

Our firm is now the largest and the most successful in the state for personal injury law.  We apply our decades of experience to every single case we take on to ensure large settlements for our clients. We currently accept personal injury cases and wrongful death cases, including car accidents, truck accidents, and medical malpractice.

What is Personal Injury Law?

Personal injury law is an area of law that is intended to protect people and their property from damage sustained by harm or injury when it is due to someone else’s behavior or lack thereof. For example, if you are injured in a car accident that was caused by a drunk driver, you may have grounds for a lawsuit so that you can receive compensation for the damage you sustained. Under the law, you are entitled to fair compensation if you have been injured due to someone else’s behavior.

Contact Will Ferguson & Associates

If you or someone you love was injured in an accident that was not your fault, you should consult with one of our personal injury lawyers as soon as possible. We offer free consultations as well as a contingency fee arrangement, meaning we only collect our attorney’s fees when we win your case. Call 505-594-3712 to make an appointment with our office.

The post Will Ferguson & Associates is Now a Proud Yellow Card Corporate Sponsor for New Mexico United appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/will-ferguson-associates-is-now-a-proud-yellow-card-corporate-sponsor-for-new-mexico-united/

What Are New Mexico’s DUI Laws?

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. 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 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.

Calling the Police After a DUI Accident

Whether or not an inebriated driver caused an accident, filing a police report after an auto accident 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.

Call 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 What Are New Mexico’s DUI Laws? appeared first on New Mexico Personal Injury Attorney | Will Ferguson Law Firm.

source https://fergusonlaw.com/what-are-new-mexicos-dui-laws/