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/

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.

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