New Mexico Personal Injury Lawyer Blog

An Albuquerque man was recently arrested after he allegedly caused an automobile accident while intoxicated and having sex in a Ford Explorer. According to police, a 25-year-old man was charged with reckless driving, aggravated driving while intoxicated (DWI), and evading police after he reportedly crashed the Explorer while headed north on Pennsylvania NE. The man allegedly ran a red light and struck a westbound vehicle at Menaul NE before he fled the scene of the collision.

Police stated the 25-year-old driver was found hiding in a cactus wearing only a single shoe and a pair of boxer shorts. Meanwhile, his female passenger was purportedly found naked at the crash scene after she was ejected from the Explorer. Following the traffic wreck, emergency responders apparently transported the woman to a local area hospital in stable condition. It is currently unclear whether the driver of the other vehicle sustained an injury in the traffic wreck.

A report from the Albuquerque Police Department stated witnesses observed the driver having sex with the woman while speeding above the posted limit. Witnesses also allegedly told law enforcement officers the man was clearly intoxicated when he fled the scene on foot. In addition, an open bottle of vodka was purportedly found in the Explorer after the collision occurred.

Unfortunately, alleged DWI wrecks like this one occur frequently across New Mexico. It is a sad fact that everyone who travels on the many roadways located in our state is placed at risk whenever a drunk or otherwise impaired motorist makes the choice to get behind the wheel of a motor vehicle. The victim of a traffic collision that was caused by an inebriated driver may be entitled to receive compensation for lost wages and benefits, pain and suffering, medical costs, and any temporary or permanent disability that resulted from the accident. Certain relatives of someone who was killed in a collision with a drunk driver may also be eligible to recover damages for their loved one's funeral expenses. If you were injured or a loved one was killed by an allegedly drunk motorist, you are advised to contact a skilled attorney to discuss your right to recovery.

Continue reading "Man Arrested for DWI Following Albuquerque Injury Accident " »

In late April, a single-vehicle accident involving a propane truck reportedly closed State Road 122, Interstate 40, and a set of Burlington Northern Santa Fe train tracks in McKinley County. According to New Mexico State Police, the 55-year-old driver of the propane truck was speeding on State Road 122 around 11 am when he lost control of the semi and overturned near mile marker 22. Following the semi accident, the area was purportedly evaluated by a hazmat team because the full propane tank apparently began to leak. In addition, law enforcement officers allegedly found empty liquor containers in the crash wreckage. As a result, the driver of the truck was reportedly arrested on suspicion of driving while intoxicated, careless driving, and violating the state's open container law.

Alcohol-related accidents like this one are all too common throughout New Mexico. Although no one was injured in this situation, everyone who travels on the many highways and other roads located in our state is placed at risk whenever an impaired driver makes the choice to get behind the wheel of a vehicle. Semi wrecks that were caused by a drunken driver are particularly dangerous due to the sheer size and weight of such vehicles. The victim of a traffic collision that involved a big rig may be eligible to recover damages for pain and suffering, lost wages and benefits, medical costs, and any temporary or permanent disability that resulted from the crash. Certain family members of someone who died in a collision with a big rig may also be entitled to receive compensation for their loved one's funeral expenses. If you were hurt or a relative was killed by an allegedly drunk semi driver, you should contact a quality attorney to discuss your right to recovery.

Continue reading "Semi Driver Arrested for DWI Following McKinley County Propane Truck Crash " »

The Truck Safety Coalition (TSC) has reportedly combined forces with a group of individuals who were directly impacted by a crash with a tractor-trailer in an attempt to build support for additional legislation aimed at semi-truck safety. The TSC apparently met with officials from the United States Department of Transportation and members of Congress in support of the proposed Safe Highways and Infrastructure Preservation Act. The federal bill, sponsored by Senator Frank Lautenberg and Representative James McGovern, would purportedly remove existing loopholes used to transport overweight 18-wheeler loads on roadways across the nation. The proposed legislation would also allegedly freeze all current semi weight and size limits and establish a federal safety enforcement program.

According to data obtained from Citizens for Reliable and Safe Highways, more than 4,000 people in New Mexico and across the United States are killed in a collision with a tractor-trailer each year. A national survey conducted on behalf of TSC allegedly found that 68 percent of Americans oppose and 47 percent strongly oppose the use of overweight semis on the nation's roadways. In addition, 88 percent of those polled said they are opposed to paying higher taxes in order to pay for roadway damage caused by heavy tractor-trailers.

A TSC report claims New Mexico currently ranks seventh in the nation for traffic deaths involving an 18-wheeler. Sadly, more than 2,000 traffic collisions that take place in the State of New Mexico each year involve a tractor-trailer. Semi wrecks may be caused by a number of factors including fatigue, driver impairment, excessive load weights, inadequate driver training, and poor truck maintenance.

Tractor-trailer accidents are different than normal car crashes because they usually involve unique pieces of evidence that do not exist in other wrecks. For example, onboard computers often provide collision investigators with important details regarding the events that led up to a big rig crash. The victim of a traffic wreck with an 18-wheeler may be entitled to receive damages for suffering, lost wages and benefits, medical bills, pain, and any temporary or permanent disability that resulted from the incident. Certain family members of someone who was killed in a crash with a big rig may also be eligible to recover funeral expenses and additional damages. Anyone who was hurt by a negligent semi driver is advised to contact a skilled lawyer as soon as possible.

Continue reading "Safety Advocates Push for Federal Law Aimed at Reducing Severity of Truck Crashes in New Mexico, Nationwide " »

A single-vehicle wreck in southeast Albuquerque has reportedly claimed the life of three people and injured two others. According to a spokesperson for the Albuquerque Police Department, Tasia Martinez, witnesses stated the 20-year-old driver of a 2005 Lincoln was apparently attempting to engage in drag racing on Louisiana Street near Acoma SE when the fatal accident occurred. The driver allegedly lost control of his vehicle, crossed a median, and crashed into a group of trees.

Following the crash, a 20-year-old man who was ejected from the car was pronounced dead at the scene of the accident. Emergency responders reportedly extracted the remaining passengers from the automobile and transported them to a local hospital where a 17-year-old girl and 19-year-old woman later died. In addition, a one-year-old child was apparently treated for minor injuries, and the driver of the Lincoln remains hospitalized in critical condition.

The exact cause of the fatal wreck is still under investigation by the Albuquerque Police Department. It is currently unclear how fast the driver was traveling when the fatal traffic wreck took place. Toxicology results on the motorist are also pending. According to Martinez, the driver is likely to face vehicular homicide and reckless driving charges if he survives. Martinez said police do not know how many of the vehicle's passengers were wearing a safety belt when the collision occurred.

Tragic single-vehicle and other automobile crashes regularly occur on roadways throughout the State of New Mexico. In 2011, 353 people were killed in traffic wrecks across our state. 240 of those fatalities reportedly resulted from a one-car accident. Speeding, dangerous road conditions, automobile defects, swerving to avoid a negligent driver, and weather are frequent causes of single-car collisions.

Individuals who were hurt in a single-vehicle or other car accident in New Mexico may be entitled to recover for their medical expenses, lost wages, pain, suffering, and other damages. Certain family members of someone killed in a New Mexico automobile crash may also be entitled to receive compensation for their loved one's wrongful death. If you were injured by a reckless, negligent, or careless driver, you should discuss your right to recovery with an experienced New Mexico personal injury attorney.

Continue reading "Speed Likely Played a Factor in Negligent Single-Vehicle Accident that Killed Three and Injured Two in Albuquerque " »

According to police in Santa Fe, a number of area residents were recently victimized by a man who was practicing dentistry without a license and out of his car. In April, 36-year-old Eliver Kestler was charged with conspiracy to practice dentistry without a license, practicing dentistry without a license, and distributing a controlled substance. Following his arrest, Santa Fe police reportedly found dentures and dirty dental tools in the man's vehicle.

Kestler is accused of charging a 45-year-old woman $400 to extract four teeth in January. Following the extraction, the woman allegedly contracted a severe infection. In addition, she claims Kestler failed to return with replacement teeth as he apparently promised. As a result, she purportedly filed a complaint with the Santa Fe Police Department. Since the woman filed her police report, at least five additional victims have allegedly come forward.

A representative for the New Mexico Dental Association stated patients are often placed at risk when an individual chooses to practice dentistry without a license. For example, infection, hepatitis, and HIV control measures are rarely utilized by such individuals. In addition, the Dental Association stated patients may receive inadequate dental care. The organization has advised all dental patients to ensure that anyone who provides them with dental care is licensed by the appropriate authorities.

Although the man accused in this case was not actually licensed to practice dentistry, a license in and of itself does not necessarily mean a dental or other patient will receive proper care. In New Mexico, medical malpractice can result whenever a health care provider such as a physician or dentist does not adhere to a reasonable standard of care and a patient suffers injury. Regrettably, medical malpractice cases that arise in New Mexico may be tough to prove. Whether your doctor or other medical provider is a member of the New Mexico Patient Compensation Fund can affect your ability to recover for your harm following a medical professional's negligence. If you were injured by a doctor, dentist, nurse, pharmacist, or another person who was tasked with providing your health care, you are advised to contact a quality New Mexico medical malpractice attorney as soon as you are able.

Continue reading "Santa Fe Man Arrested for Allegedly Injuring Patients While Practicing Dentistry Without a License " »

Federal officials would reportedly like automakers to make it impossible for drivers to utilize in-vehicle technology to send or receive text messages, check email, or watch videos while behind the wheel of a moving vehicle. A 281-page report recently published by the National Highway Traffic Safety Administration (NHTSA) and the United States Department of Transportation issued a number of voluntary motor vehicle guidelines focused on eliminating distracted driving. The guidelines included in the report were allegedly designed to reduce the amount of time a motorist takes his or her eyes off of the roadway. The recommendations may also have an impact on future smart phone technology.

In 2011, distracted driving supposedly caused about 10 percent of all traffic fatalities in the U.S. According to Transportation Secretary Ray LaHood, the voluntary guidelines were established in an effort to balance new technological innovations with the purported need for increased roadway safety. Although most of the recommendations included in the report seem like common sense, many drivers now reportedly send and receive text messages, view websites, and watch videos behind the wheel. The goal of the recently issued report was apparently to encourage auto manufacturers to either refrain from including consumer electronics in their vehicles or at least disable them while a car is moving.

A public statement from the Auto Alliance, an industry group that represents about 12 motor vehicle manufacturers, reportedly claims in-dash internet technology will discourage motorists from unsafely using their cellular phones. President and CEO of the Global Automakers, Michael J. Stanton, said the report should also have addressed hand-held smartphone technology as NHTSA data states only about two percent of accidents related to distracted driving involve in-dash technology. The NHTSA purportedly plans to issue two additional reports related to cellular phones and other portable devices over the next two years.

Sadly, anyone who travels on New Mexico roadways runs the risk of being hurt or killed by a distracted driver. The victim in a New Mexico traffic wreck may be able to recover damages for their physical harm, lost wages and benefits, and other damages that resulted from the collision. The close relatives of someone who was killed by a distracted motorist may also be eligible to receive compensation for the cost of their loved one's funeral. If you were hurt by a distracted driver, you should contact a quality New Mexico personal injury attorney to discuss your rights in more detail.

Continue reading "New Federal Guidelines Aim to Reduce Distracted Driving in New Mexico and Nationwide " »

A school bus driver was killed and at least two students were reportedly injured in a single-vehicle crash on State Road 111 near La Madera. According to New Mexico State Police Sergeant Emmanuel Gutierrez, the 69-year-old driver lost control of a Mesa Vista Consolidated School District bus carrying nine children, drove nearly 100 feet down an embankment, and crashed into a number of trees while transporting the elementary, middle, and high school students to class.

Gutierrez stated the bus driver was unfortunately deceased when emergency responders arrived at the accident scene. In addition, each child who was riding on the bus was transported to an area hospital following the fatal accident. Two students allegedly underwent surgery at the University of New Mexico Hospital in Albuquerque. A 16-year-old was purportedly treated for a shattered jaw and another child underwent surgery for a broken femur.

An accident reconstruction team from the New Mexico State Police is currently investigating the deadly traffic wreck. At this time, it is unclear what caused the driver of the bus to lose control. Authorities are reportedly investigating whether the 69-year-old man may have suffered a medical emergency immediately prior to the Rio Arriba County crash.

Thankfully, it appears that none of the children involved in this accident were permanently disabled or killed. Because most school buses do not have safety belts installed, children may be tragically hurt in any school bus collision. According to the National Highway Traffic Safety Administration, an average of 19 students are killed in a school bus or other school transportation-related collision every year in the United States.

Unfortunately, children and other individuals who travel on New Mexico roadways may be injured or die as a result of the actions of a negligent driver. The victims of a New Mexico motor vehicle crash may be entitled to receive damages for their medical expenses, lost wages and benefits, pain and suffering, and any disability that resulted from the accident. The close family members of someone who was killed by a negligent driver may also be able to recover financial compensation for their loved one's funeral expenses and other damages. A skilled New Mexico personal injury lawyer can describe your options for recovery in more detail.

Continue reading "Driver Killed, at Least Two Students Hurt in School Bus Accident Near La Madera " »

A jury in Santa Fe recently awarded the family of a man who was killed in 2010 by a semi near Carlsbad $58.5 million. The verdict, which included $47 million in punitive damages, is reportedly the largest in state history. The accident purportedly occurred when an eastbound tractor-trailer used to haul "produced water from oils wells," turned left in front of the victim's westbound pick-up truck. The victim allegedly died as a result of the injuries he sustained in the preventable crash.

Despite that the accident happened three miles east of Carlsbad, the Santa Fe-based trust company that represented the victim's estate filed the wrongful death lawsuit locally. According to the jury, punitive damages were awarded because the big rig driver was provided with inadequate training and the transport company that operated the truck had a history of safety violations. A statement released by the jury said the award was crafted to send a message to the trucking industry that a higher standard of trucker training and safety is expected by New Mexico residents.

Unfortunately, tragic big rig accidents like this one are common in New Mexico. In fact, more than 2,000 traffic collisions throughout the state every year involve a semi. In general, 18-wheeler crashes are different than simple car wrecks because they normally involve unique pieces of evidence that do not exist in other collisions. For example, computers installed onboard a semi-truck can provide accident investigators with important details regarding the events that led up to a big rig crash.

18-wheeler collisions may be caused by many factors including inadequate driver training, fatigue, impairment, excessive load weights, and poor vehicle maintenance. Individuals who were hurt in a wreck with a tractor-trailer may be eligible to receive damages for lost wages and benefits, pain, medical costs, any temporary or permanent disability that resulted from the accident, and suffering. Certain relatives of someone who lost his or her life in an accident with a semi-truck may also be entitled to recover funeral expenses and receive additional financial compensation. Anyone who was harmed by a negligent tractor-trailer driver should contact a quality attorney as soon as possible following a collision.

Continue reading "Santa Fe Jury Awards Record $58 Million in Wrongful Death Lawsuit Against Trucking Company " »

In March, Albuquerque Police Chief Ray Schultz announced his impending retirement after eight years of overseeing the city's law enforcement agency. The announcement came about five months after the United States Department of Justice reportedly launched an investigation into a number of civil rights violations allegedly committed by members of the police force. On the same day Schultz announced that he will retire later this year, an Albuquerque jury awarded the family members of an Iraq War veteran who reportedly suffered from post-traumatic stress disorder more than $10 million in connection with his 2010 shooting death during a stand-off with local police.

Since 2010, Albuquerque police were allegedly involved in 18 deadly shootings and the force has been plagued by accusations of police brutality. Excessive force claims purportedly caused community members to engage in protests, file a number of lawsuits against the police department, and demand large-scale changes. In recent years, a number of Albuquerque police officers were also supposedly reprimanded for controversial social media posts and manhandling suspects on video.

Schultz was first appointed Police Chief by the Albuquerque Mayor in 2006 and later re-appointed in 2009. Although some city officials and the police officers' union stated crime rates have dropped and a number of new public safety programs were instituted during Schultz's tenure, others said it was time for him to move on. Albuquerque City Council President Dan Lewis stated a leadership change is necessary as the police department's image was badly tarnished in recent years. Civil rights advocates reportedly said they were hopeful regarding the future of the department.

Although law enforcement officers are expected to use force in certain circumstances, they can go too far. Police are granted qualified immunity so long as they are acting in good faith and engaged in their official duties. If a plaintiff can demonstrate an officer's conduct was out of bounds, however, the presumption of qualified immunity may be overcome. A federal civil rights law, 42 U.S.C. Section 1983, allows United States citizens to file a lawsuit against police officers who violate the Fourth Amendment's protection against the use of excessive force. If you or a loved one was brutalized by an officer of the law, you should contact a skilled personal injury attorney as soon as possible after the incident.

Continue reading "Albuquerque Police Chief Announces His Retirement Amid Allegations of Rampant Police Abuse " »

Members of a family in the process of relocating from California to Texas were injured in a recent rollover crash on Interstate 40 in Bernalillo County. A couple and their three children were reportedly traveling east in a GMC Sierra pick-up truck between Albuquerque and Edgewood when a tire blew and the driver lost control around 3:30 am. According to the Bernalillo County Sheriff's Office, the truck, which was towing an 18-foot trailer, left the interstate and rolled twice before coming to rest on the side of the roadway. The mangled trailer allegedly broke open and left the family's belongings strewn about the area.

A 6-year-old boy who was reportedly not wearing a safety belt was injured after he was thrown from the truck. Authorities stated the child was found lying next to the vehicle with a broken arm and a number of contusions. His father, who was riding in the truck's front passenger seat, apparently sustained a dislocated hip and shoulder in the traffic wreck. Meanwhile, the child's mother and two sisters purportedly suffered only minor cuts and bruises. Emergency responders reportedly transported the entire family by ambulance to the University of New Mexico Hospital for treatment.

Many one-car and other types of crashes occur on the interstates and other roadways throughout New Mexico. Sadly, 353 people died in traffic accidents throughout our state in 2011. Of those killed, 240 fatalities resulted from a single-vehicle accident. Dangerous road conditions, motor vehicle defects, swerving to avoid a negligent driver, and weather frequently cause single-car crashes.

In some situations, a defective product such as a tire or automobile may cause a driver or passenger to become injured. A defective product is one that is poorly or negligently manufactured, designed, or tested, and a person is hurt as a result. A design defect may occur if someone is injured by a product even though it was manufactured according to specifications. A manufacturing defect can occur where an individual is hurt as a result of mistakes made during the manufacturing process. If you or a loved one was hurt by an unsafe product, you may have the right to collect damages for your injuries from the manufacturer or the distributor of the defective product.

Continue reading "Family injured in One-Vehicle Rollover Crash on I-40 Near Albuquerque " »

A man who was convicted of drunken driving in connection with a traffic crash that killed two teens has filed a lawsuit against his friend and two restaurants that allegedly served him alcohol. In March 2010, James Ruiz reportedly drove a truck at a high rate of speed into the back of a passenger vehicle on Cerrillos Road in Santa Fe. The force of the impact purportedly killed two sisters and injured both of their parents. According to Santa Fe police, Ruiz had a blood alcohol content of .22, nearly three times New Mexico's legal limit of .08, at the time of the fatal traffic collision. Ruiz, who was out on bond following his fifth driving while intoxicated (DWI) arrest when the deadly accident occurred, is currently serving a 40-year prison sentence.

In the lawsuit, Ruiz claims his friend, Gilbert Mendoza, was negligent when he provided Ruiz with the keys to the vehicle he was driving when the fatal crash took place. He also alleges that Applebee's and the Blue Corn Café violated state and common law when the restaurants served him alcohol despite the fact that he was clearly intoxicated. Ruiz reportedly seeks monetary damages for "severe emotional distress" from Mendoza and both restaurants. A spokesperson for the restaurant group that owns the Blue Corn Café expressed sympathy for the crash victims and stated the company's liquor policy was changed following the deadly accident. The parents of the two teens killed in the DWI collision have reportedly filed a wrongful death lawsuit against Ruiz, Mendoza, Applebee's, and the Blue Corn Café.

Sadly, alcohol-related accidents are all too common in Santa Fe and throughout New Mexico. Everyone traveling on the roads is put at risk whenever an impaired driver makes the choice to get behind the wheel of a motor vehicle. In many cases, criminal charges are filed when a motorist is accused of drunk driving. Still, an injured victim may sue an allegedly intoxicated driver for compensation related to any damages that resulted from the accident. In New Mexico, a claim may also be filed against a bar or restaurant at which an inebriated motorist was served. Contact a quality New Mexico drunk driving lawyer to learn more about so-called dram shop cases.

Continue reading "Man Convicted of DWI Files Dram Shop Lawsuit Against Two Santa Fe Restaurants " »

A recent three-vehicle accident on Airport Road near Cerrillos Road in southwestern Santa Fe reportedly sent four people to the hospital in serious condition. According to Santa Fe Police Captain Aric Wheeler, the driver of an Acura sedan struck a pick-up traveling through the intersection during rush hour. The pick-up allegedly rolled and hit a Dodge sedan. Emergency responders reportedly extracted two teen passengers from the Acura using the Jaws of Life before transporting them to Christus St. Vincent Regional Medical Center for treatment. Paramedics also purportedly took the driver of both the pick-up and the Dodge to the same hospital with non-life threatening injuries. Police stated the driver of the Acura fled the accident scene before they arrived.

Wheeler said the cause of the injury accident is currently under investigation. At this time, it is not known whether drugs or alcohol played a role in the collision. Wheeler added that it is unclear which vehicle failed to stop at a red traffic light and police do not know why the driver of the Acura fled the scene of the crash.

Each year, unexpected car accidents are one of the most common causes of personal injury claims filed in the State of New Mexico. A crash may result when a distracted, inattentive, impaired, or simply careless motorist gets behind the wheel of a car or other vehicle. In addition, car accidents frequently result from hazardous road conditions, motor vehicle defects, and any number of other factors. Too often, drivers refuse to take responsibility for their negligence and flee the accident scene.

The victim in a hit-and-run accident may be entitled to recover compensation for pain and suffering, medical expenses, lost wages and benefits, disability, and more. Additionally, the personal representative of someone who was killed in a tragic traffic wreck may be eligible to receive financial compensation pursuant to the New Mexico Wrongful Death Act. It is important for accident victims to understand that uninsured motorist coverage in New Mexico allows individuals who were hurt by a hit-and-run motorist to recover for their damages even if the driver who caused their injury is never apprehended. A crash victim may be entitled to file a claim against the uninsured motorist policy of a family member who resides in the same household even if the insured vehicle was not involved in the collision. A skilled car accident attorney can explain your right to recovery in greater detail.

Continue reading "Negligent Hit-and-Run Driver Flees Following Three-Car Injury Accident in Santa Fe " »

The Supreme Court of New Mexico has reversed a lower court’s holding that the New Mexico Department of Transportation (DOT) is immune as a matter of law from being sued for negligently failing to remedy a purportedly dangerous road condition. In Martinez v. N.M. Dep’t of Transp., the family of a couple who was killed in a 2004 head-on traffic accident on NM 502 near Los Alamos filed a wrongful death lawsuit against the DOT claiming the agency committed negligence when it failed to construct a barrier between oncoming traffic near mile marker 9. In the 1980s, a concrete barrier was reportedly installed on other stretches of the roadway in order to keep similar accidents from occurring but one was not installed where the fatal collision occurred.

Prior to trial, the DOT filed a motion for summary judgment claiming the agency was not responsible for the crash pursuant to the New Mexico Tort Claims Act. According to the DOT, the decision to install a two-way turn lane instead of a barrier despite that there were reportedly no intersecting roads onto which traffic could turn was a design decision that provided the agency with immunity under the Act. At trial, the victims’ family was not permitted to introduce evidence regarding a number of other accidents that occurred at the same location or the numerous citizen complaints that were filed with the DOT regarding the allegedly unsafe roadway. After a jury returned a verdict in favor of the DOT, a New Mexico Court of Appeals affirmed the verdict. The victims’ family then appealed the case to the Supreme Court of New Mexico.

New Mexico’s high court stated that although the DOT was initially granted immunity related to barrier placement on NM 502, notice regarding a dangerous condition could trigger a maintenance issue that the agency may be held responsible for. The court continued by stating the safety of New Mexico motorists would be thwarted by providing the agency with perpetual design immunity. The court also said whether the DOT had sufficient notice of the allegedly dangerous road condition to trigger the maintenance exception to design immunity was a question for a jury. Finally, the Supreme Court of New Mexico reversed and remanded the case for a new trial.

Sadly, motorists and passengers are killed on highways and other roads located throughout New Mexico each day. Although traffic wrecks may be caused by impaired, careless, or simply distracted drivers, they may also result from hazardous or poorly maintained roadways. Car accident victims may be eligible to receive compensation for their medical bills, lost wages, pain, suffering, and any disability that resulted from the wreck. Additionally, those who lost a close relative in a New Mexico traffic crash may be able to collect damages for loss of support and funeral expenses. If your beloved family member was killed in an automobile collision, you should contact a qualified wrongful death attorney.

Continue reading "New Mexico Supreme Court Orders New Trial in Wrongful Death Case " »

A 58-year-old motorist was sentenced to six months in jail in connection with the death of a 19-year-old bicyclist more than two years ago in Laguna. Gilbert Waconda allegedly struck the bicyclist with his sport utility vehicle as he rode on New Mexico State Road 124 in June 2010. The deceased bicyclist was reportedly on a cross country journey along Old Route 66 with three friends in an effort to raise money for charity.

According to Chief Prosecutor Dave Adams, there was no evidence that Waconda was under the influence of alcohol at the time of the fatal crash. Still, Adams alleged that Waconda was driving on the shoulder of the roadway when the wreck occurred and that his conduct was reckless. Although the motorist reportedly pleaded guilty to misdemeanor negligent homicide as part of a negotiated agreement, a Laguna Pueblo judge handed down the maximum possible jail sentence and ordered Waconda to perform 600 hours of community service.

Whether you are riding a bicycle, traveling in a motor vehicle, or merely walking on a sidewalk, an unexpected accident with a reckless or inattentive motorist can occur at any time. Section 66-3-702 of New Mexico's Motor Vehicle Code requires that all bicyclists who are riding on a roadway in our state be afforded the same rights as automobiles. Unfortunately, too many drivers ignore this requirement. Sadly, a bicyclist may sustain serious and disabling injuries as a result of a crash with a vehicle. If you were hurt by careless motorist while traveling on your bicycle or in your car, you may be entitled to receive financial compensation for your medical expenses, pain and suffering, lost wages, and other damages. If you tragically lost a loved one in such a crash, you may be eligible to file a wrongful death claim against the driver who caused the wreck. A skilled bicycle accident attorney can explain your rights in more detail.

Continue reading "Driver Sentenced to Six Months in Jail for Negligent Homicide Following Death of Bicyclist in Laguna " »

A Santa Fe judge has ruled that blood alcohol tests performed on a driver following a deadly traffic wreck may be admitted as evidence in a criminal case against him. 40-year-old David Gurule is accused of vehicular-homicide in connection with the deaths of two passengers riding in his sport utility vehicle in May 2010. The man was allegedly under the influence of prescription painkillers when he drove the SUV into a tree on New Mexico 369 south of the town of Española.

According to prosecutors, Gurule was speeding when he lost control of his vehicle on a curve in the highway at night. He allegedly drove over a fence and gas meter prior to striking the tree. Tragically, a 42-year-old woman and an 18-month-old child were killed in the crash. Gurule and the child’s mother were purportedly taken by medical helicopter to the University Hospital in Albuquerque. Although alcohol did not play a role in the incident, the injured woman reportedly claims Gurule was high on drugs when the accident occurred.

Former Rio Arriba County Sheriff’s Office DWI Investigator Jose Martinez stated Gurule provided oral consent for a blood draw at the hospital. Gurule currently stands accused of two counts of vehicular-homicide, one count of bodily injury by vehicle, and driving on a suspended or revoked license in connection with the fatal crash. A trial date has not yet been set.

Sadly, drug and alcohol-related collisions are common in the State of New Mexico. Everyone traveling on the roadways throughout our state is placed at risk of serious injury or death when a drunk or drugged motorist makes the choice to get behind the wheel of a vehicle. As occurred in this case, criminal charges may be filed when a motorist is accused of driving while impaired. In addition, a high or drunk driver may be held financially responsible for any damages he or she caused. The victim of a drunk or drugged driving crash may file a lawsuit to recover compensation for any pain and suffering, medical expenses, or other damages that resulted from the collision. If you were injured in a DWI accident, a capable personal injury lawyer can explain your right to recovery in greater detail.

Continue reading "Man Accused of Vehicular-Homicide in Connection with Rio Arriba County DWI Crash " »