New Mexico Car Accident Lawyer

Did you know that a car accident occurs roughly every twelve minutes on New Mexico roads?

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What can a wrongful death attorney do for you?

Here are just a few of the things that we can do for you:

Helping you through the legal process – Understanding the legal process can be complex, especially when dealing with heightened emotions from the loss of a loved one. We have an extensive understanding of Dallas’ wrongful death protocols and its system and know how to navigate your case in the most effective way possible. It is important to keep everything up to date in your wrongful death lawsuit. There are many legal documents and deadlines that must be met. A wrongful death attorney can help explain all of the complexities of the legal documents, as well as ensure that everything is filled out in a timely manner.

Helping to establish negligence – Proving that a party is responsible for your loved one’s death without a legal background can be quite challenging. It is important to prove that the party responsible exhibited blatant negligence or irresponsible behavior. It must also be proved that this behavior not only caused the death of your loved one, but also caused your family financial, medical, and/or emotional hardship in the process. A lawyer can look for evidence to prove that the responsible party acted without exercising the care for others and their safety.

Your Next Steps

If you or a loved one has been injured in a car accident, we urge you to contact our qualified team of car accident lawyers. We offer free consultations to all potential clients. During this initial conversation, we will go over all the important details of your unique car accident case and help you determine the best course of action moving forward. Our lawyers will be your compassionate, knowledgeable companions throughout the legal process.

How We Can Help

There are several stages involved in a car accident lawsuit, and our attorneys have successfully navigated all of them. It is important for you to understand a little bit about what to anticipate during each phase of your case:

• Pre-Litigation- Contrary to popular belief, the first stage of any car accident case is not filing a claim, but rather, important pre-litigation groundwork to make sure that your case is off to a good start. This involves collecting and examining documentation like medical reports and bills, conducting a crash investigation which involves interviewing witnesses and reviewing police reports, and attempting to negotiate with the insurance company prior to filing.
• Litigation – During the litigation stage of your car accident case, we will file an official lawsuit with the court, participate in the discovery process which refers to evidence-sharing between legal teams for the plaintiff and defense, conduct depositions, and attempt to reach a fair settlement agreement.
• Trial – If we are unable to reach a settlement that is fair and represents the best interests of our client, we will proceed to the trial phase and advocate for your right to justice and compensation in court.

Establishing Liability in New Mexico Car Accident Cases

Most car accidents are caused by recklessness, carelessness, or negligence, and are therefore, preventable. Human error plays a factor in the vast majority of car accident cases and has a major impact on establishing liability. 

Determining liability in a car accident case simply means determining who is ultimately at fault for causing the car accident. Liability has important implications for both criminal and civil proceedings. In some situations, a negligent driver may face criminal consequences for their actions, and in many situations, they may be responsible for paying damages to victims.

In car accident cases, you must be able to prove that the defendant (usually a reckless or negligent driver) owed you a legal duty. This aspect of the case is usually fairly easy to prove due to the amount of traffic laws and regulations that are put into place by the federal government and the state of New Mexico.

Every driver owes other motorists and pedestrians the duty to follow said laws and regulations as a means of keeping our roads safe. Next, you and your legal team must be able to prove that the defendant in the case breached their legal duty. Proving that the defendant made a driving error is not always sufficient to prove breach of duty; usually, however, proving negligence or recklessness is enough to show breach of duty. You and your legal team must then be able to prove that the defendant’s actions directly caused the car accident.

Causation is not always easy to prove but is an essential factor in any car accident case because it establishes which party is responsible for any injuries or property damage resulting from the car accident. The final factor that must be present in any car accident case is damages.

Were there medical bills resulting from injuries sustained in the car accident? Was the victim out of work, thus losing wages, due to injuries sustained in the car accident? Was there damage to the victim’s vehicle? These are all important items to establish because they help determine what constitutes a fair settlement.

Many factors can contribute to determining liability in a car accident case. Among them is the ultimate reason for the car accident. Some of the most common reasons for car accidents include:

• Driving under the influence – New Mexico has a high rate of accidents caused by drunk driving. Drivers who choose to hit the road while under the influence of drugs or alcohol are prone to unsafe driving, speeding, experiencing delayed reaction times, missing traffic signs and signals, etc.
• Distracted driving – This can include things like texting and driving, speaking on the phone and driving, fiddling with a GPS system or radio and driving, eating and driving, etc. Any type of distracted driving is extremely dangerous and leaves drivers vulnerable to missing traffic signals, swerving, and driving in an overall unsafe manner.
• Fatigued driving – When a driver is overtired, they are at risk for falling asleep at the wheel, experiencing delayed reaction times, and missing road hazards or traffic signals.
• Reckless driving – Reckless drivers put themselves and everyone around them in immense danger. Drivers who choose to drive recklessly may do things like speed, accelerate abruptly, swerve, brake sharply, neglect to signal when switching lanes, etc.

Physical, Mental, and Emotional Injuries

The injuries sustained during a car accident can be painful, debilitating, and expensive to treat. It is important that you seek prompt medical attention immediately following any car accident regardless of whether you are experiencing pain or displaying symptoms of an injury. Injuries caused by car accidents are not always immediately evident. A thorough medical examination by a qualified doctor will help ensure that your health is taken care of.

Physical injuries caused by car accidents can be serious and have the potential to leave victims and their loved ones dealing with repercussions and suffering for years to come. Some of the most common physical car accident injuries that our clients are forced to endure after a car accident include:

• Broken bones and fractures – These are painful and often require long recovery periods, surgery, prescription medication, and physical therapy.
• Whiplash – You may be familiar with whiplash, which is one of the most common injuries reported after a car accident. Whiplash refers to ligament, muscle, and tendon injuries that occur after the sudden jolts and movements that your body experiences during a car accident. Whiplash can be very painful and often requires long periods of rest for a full recovery.
• Broken ribs – These can be incredibly painful and often, are only healed by lots of rest and relaxation. Broken ribs occur frequently during car accidents due to the impact of the crash.
• Spinal cord injuries- Motor vehicle accidents are the most cited reason for spinal cord injuries. Permanent paralysis sometimes occurs after sustaining a spinal cord injury. Car accident victims who suffer spinal cord injuries may require surgery, long hospital stays, physical rehabilitation, and at-home care. They may lose function and the ability to live independently, which make spinal cord injuries some of the worst and most devastating car accident injuries to deal with.
• Head injuries- Like spinal cord injuries, physical trauma to the head and brain can leave car accident victims with debilitating, life-changing, and permanent injuries. Some car accident victims who experience brain or head injuries may suffer brain damage and loss of cognitive function.
• Internal bleeding – Internal bleeding is one of the most serious physical injuries following car accidents. Unfortunately, victims do not always realize that they have internal bleeding. It is of the utmost importance that anyone who has been involved in a car accident receives prompt medical attention. If left untreated, internal bleeding can cause organ damage and even death.

Car accident injuries are not limited solely to the physical. Unfortunately, many of our clients must deal with mental and emotional repercussions, including:

• PTSD – Car accidents are a common root cause of post traumatic stress disorder. It is estimated that almost 40% of people involved in a car accident will suffer from PTSD. PTSD can cause symptoms like severe anxiety, terrifying nightmares, feelings of detachment, and difficulty sleeping.
• Emotional distress – Many car accident victims experience emotional distress. Emotional distress is characterized by things like anxiety, guilt, and depression.
• Mental anguish – Mental anguish is another common issue that car accident victims must grapple with. The fear and grief that often accompany mental anguish can be life changing.