New Mexico Personal Injury Lawyer Blog

Preventing Bicycle Traumatic Brain Injury

2010-01-15T17:53:58Z

It is hard to find good that comes out of New Mexico drunk driving accidents. Similarly, there is little positive that can emerge from a New Mexico traumatic brain injury. However, a Carlsbad New Mexico man, George Methola, is doing just that. According to a recent newspaper article, Methola, after suffering his own traumatic brain injury has found an impressive way to turn his misfortune into a positive impact.

Working with the Brain Injury Association of New Mexico, and the Carlsbad Brain Injury Support Group, he is working to minimize traumatic brain injury for New Mexico bicyclists by raising money to supply helmets.

Although one of New Mexico’s main recreational activities, bicycling can also result in serious and catastrophic injuries when things go wrong. Despite the Child Helmet Safety Act, many young New Mexico bicyclists do not wear helmets and are thus exposed to a substantial risk of injury. Methola is doing his part, learning from a traumatic brain injury, and working to increase the number of New Mexico bicyclists using helmets.

Inappropriate Teacher Conduct

2010-01-13T16:20:39Z

Recent news outlets are reporting an incident that violates every parents' sense of safety. According the the news story, a 34 year old APS teacher has been arrested for inappropriate sexual conduct with a student. Depending on when the relationship began, this could also be known as statutory rape. In the event the allegations are true and the Albuquerque teacher faces criminal punishment, there is still no way to reverse the damage done to the child and family involved.

The situation poses a unique question under New Mexico injury law. Specifically, "When can the school be held accountable for the conduct of a teacher or employee." As is often the situation, the answer is complex and depends on a constellation of factors. These factors include, but are not limited to: where the relationship occurred, when it occurred, and whether there are sufficient connections to the man's role as a teacher. Depending on the answers to these questions, New Mexico law may allow for a financial recovery against the school or APS for what may amount to statutory rape.

Fatal Albuquerque Motorcycle Accidents & How to Handle The Motorcycle Bias

2009-09-19T02:43:49Z

A westside Albuquerque motorcycle accident recently turned fatal. The motorcycle crash occurred in Albuquerque at Sevilla and Montano at approximately noon on Friday. When many people, including juries, hear about a motorcycle accidents, they immediately assume that the motorcycle is at fault. In this particular motorcycle accident this false assumption could not be further from the truth.

In fact, authorities are reporting that the Albuquerque motorcycle accident occurred when the motorcyclist was stopped at a red light at Sevilla and was struck from behind by a van. Remarkably, early news accounts of the fatal Albuquerque motorcycle accident on Montano felt the need to bring up the fact that the motorcyclist was not wearing a helmet. This outrageously insignificant and legally irrelevant fact highlights the strong bias that people have in motorcycle accident cases. Certainly the presence of a helmet would not have prevented this Albuquerque wrongful death accident but it shows the eagerness people have to blame the motorcycle rider.

A New Mexico motorcycle accident lawyer should be prepared to address these biases and preconceptions in order to achieve the highest possible recovery for the client.

Roswell Motorcycle Accident - Cases Against Friends and Family

2009-09-18T04:25:17Z

Sadly the number of fatalities is increasing in a Roswell motorcycle accident. The accident initially resulted in two wrongful deaths, however, New Mexico media is reporting that a third accident victim recently lost his life. This particular Roswell motorcycle accident, involving three separate motorcycles has to be one of the worst New Mexico motorcycle accidents in recent history.

While early reports suggest that speed and alcohol may have played a role in the crash, this particular motorcycle accident brings up a question that our motorcycle accident lawyers hear regularly. Accident victims often want to know if anything can be done if a New Mexico wrongful death or injury is caused by a friend or family. Typically, people are hesitant to pursue legal action in these situations for fear that they will be hurting another member of the family. However, the truth is that not pursing such cases rarely results in any benefit.

While our New Mexico accident lawyers are the first to admit that no case is worth breaking apart healthy family bonds, we also remind our accident and injury clients that not all cases require a formal lawsuit to resolve. Typically, if the family member or friend has insurance, a case can be settled without the need to even file a lawsuit. Another way of looking at is is, if the insurance premiums have all been paid, the insurance company essentially has a pile of money somewhere to cover the accident victim's injury or death. The choice is whether to give that money back to the insurance company or use it to compensate the New Mexico accident victims and their families.

All cases that the New Mexico accident attorneys at the Fine Law Firm handle are controlled by the client. That means that if a client says they want to settle a case without litigation, then they are in control.

Parking to Blame for Fatal Grants Accident

2009-09-16T16:12:03Z

A weekend accident in Grants, New Mexico cost one man his life and seriously injured another. The four vehicle Grants car accident occurred when a truck occupied by two men attempted to make and left hand turn in a crowded and congested area of Grants. Specifically, the accident occurred in Grants on Santa Fe Ave between Corley Ford and Indian Trails Trading Post. The area sees heavy traffic on weekends when people come out for the Grants flea market.

More than most New Mexico accidents, location is playing a big role in this fatal crash. Officials have pointed out that Grants officials had placed "No Parking" signs in the area to relieve some of the congestion but they were ignored. Local business seem to be suggesting that the signs were never enforced and people continued to park in the crowded area making things worse.

New Mexico personal injury lawyers are aware that accidents such as these bring up an important aspect of New Mexico law. Considering that New Mexico is a comparative fault state, there could be possible claims against the negligent drivers involved in the accident as well as those that broke the law parking in illegal areas, the business that may have allowed them to do so, and perhaps the law enforcement officials for not enforcing the no-parking zones despite knowing that a dangerous condition existed. Secondly, under New Mexico law, if there is a claim against law enforcement officials, it is know as a New Mexico Tort Claim and requires action within ninety days.

Albuquerque's New Drunk Driving Accident Crystal Ball

2009-09-04T17:35:27Z

There really is no such thing as a crystal ball. However, the Albuquerque Police Department believes they may have found something pretty close when it comes to DWI’s. It is called an Operational Deployment Resource Allocator, and it is claimed to be able to determine the locations were there is the highest risk of someone driving drunk.

Use of this DWI technology in Albuquerque is supposed to be able to take into consideration date, time, holidays, and traffic patterns to output the highest risk of drunk driving incidents. If accurate, the tool will give authorities the upper hand on where to focus their efforts to stop DWI, as well as assist drivers in Albuquerque, or throughout New Mexico in avoiding intersections where there may be a car accident.

Given the nature of New Mexico drunk driving accidents, any technology, however futuristic, certainly can’t hurt.

When asked to compute the highest risk intersections in Albuquerque during the upcoming Labor Day weekend, the machine produced the following list of the intersections with the highest likelihood of a New Mexico drunk driving accident:

1 Wyoming Blvd NE & Constitution Ave NE
2 San Mateo Blvd NE & Pan American East Highway NE
3 Griegos Rd NW & 2nd St. NW
4 Pan American East Highway NE & Montgomery Blvd NE
5 Pennsylvania St NE & Montgomery Blvd NE
6 Irving Blvd NW & Coors Blvd NW
7 San Mateo Blvd NE & Montgomery Blvd NE
8 Louisiana Blvd NE & Central Ave E
9 Wyoming Blvd NE & Menaul Blvd NE 578 10 Osuna Rd NE & Jefferson St NE

Although cannot say that I’m fully convinced with the abilities of this technology, I have to admit I find myself at Wyoming and Constitution during the Labor Day weekend I will proceed with a heightened sense of caution to say the least.

Fatal New Mexico Semi Truck Accident Involving FedEx

2009-09-03T22:51:33Z

New Mexico semi truck accidents can cause devastating injuries. On such semi truck accident recently occurred in New Mexico on I-40 at the line between Guadalupe County and Torrance County near Clines Corners.

The semi truck accident occurred when a tandem semi truck operated by Fed-Ex hit a family moving from California to Texas. Most devastating, the semi crash resulted in the death of two people, a woman and her eight month old grandson.

The semi truck accident brings to light a common question that people ask a New Mexico truck accident lawyer, “Is there any more that can be recovered from a semi truck driver than a driver of a passenger vehicle.” The answer, many times, is “yes”.

First, New Mexico insurance law requires that any commercial vehicle, including semi trucks, must carry a higher minimum level of insurance. While a passenger vehicle must be insured for $25,000, a commercial vehicle, such as a FedEx semitruck, must have $1 million in insurance. In addition, there are a couple questions that come to mind regarding this particular accident. Considering it occurred at 11:30 PM, it raises the question of whether driver fatigue contributed to the semi accident. New Mexico semi truck regulations place strict guidelines on how many hours a semi truck can be driven and how many hours the operator must sleep. Often times these truck regulations are ignored and drivers operate under heavy medication or narcotics to stay awake at the wheel, albeit at an altered state.

Another fact that this tragic semi truck accident brings to light is that it is neccessary for the accident victims to take immediate action to preserve the case. Crucial pieces of information such as recording devices and logs must be preserved so that the evidence can be carefully analyzed. Failure to act quickly to preserve these items may result in their destruction.

In the event that any New Mexico semi-truck regulations were ignored, or the driver caused the accident beyond mere negligence, there could be exposure to substantial punitive damages for which it is likely FedEx has viable assets. Although no amount is enough to reverse such an accident, it is nonetheless important to make sure rights are protected.

New Mexico Drunk Driving's New Poster Boy

2009-08-31T17:43:53Z

New Mexico drunk driving accidents are problems. Heck, New Mexico DWI itself is a problem. When somebody is charged and convicted with DWI, we get bothered and hope that it wont happen again. When somebody gets a second DWI there is more anger that it happened again. When a New Mexico drunk driver picks up his or her third, fourth, or fifth DWI it becomes clear that he or she is basically beyond rehabilitation and the frustration focuses on the system that allows the ongoing problems.

Well, its hard to describe what to think when a New Mexico driver picks up his 22 DWI arrests. That is exactly what happened to Delano Vigil. During his last escapade he was arrested and subsequently blew .39 blood alcohol level. Thats right, .39. It seems that Delano is trying to set two New Mexico records: the most drunk driving arrests, and the highest blood alcohol level.

Prior to his last arrest Delano had been charged 5 times in New Mexico and another 16 elsewhere. However, it appears that he wont be going anywhere for a while. Delano must now answer to warrants in San Miguel County, Bernalillo County, and Sandoval County. All warrants seem to stem from drunk driving related offenses.

As of right now, Delano is a poster buy for change in New Mexico drunk driving laws. Honestly though, as a lawyer who sues New Mexico drunk drivers, I’m not convinced that any law will keep prevent a 23rd, 24th, or 25th arrest so long has he has any access to a car. Hopefully I’m wrong.

Albuquerque Bike Accident Memorials

2009-08-29T15:30:28Z

Albuquerque bicyclists occasionally make news for unfortunate reasons. However, Albuquerque news is reporting on some mysterious bikes that have been appearing in the city. They are called "Ghost Bikes" and are generally painted white and placed in areas around the city where bicyclists have been hit and killed in New Mexico bicycle accidents.

Similarly to roadside memorials that commemorate motorists killed in fatal accidents, Ghost Bikes serve as memorials for bicyclists. In addition to honoring bicyclists who lost their lives, it is hoped that these memorials also serve as somber reminders to drivers and encourages them to take extra care to prevent future Albuquerque bike accidents resulting in wrongful death.

New Mexico Legal Research on a Dime

2009-08-28T15:28:00Z

New Mexico personal injury lawyers, as well as all types of lawyers, are sometimes hired for their evaluation of legal issues, to prepare for a trial, or even just to answer simple legal questions. While I cannot say that a lawyer is not necessary for these tasks, sometimes people that call just want to know the answer to simple questions that they could easily determine with a little work and some knowledge of where to look.

To help with these people, the personal injury and accident lawyers have put together a comprehensive list of New Mexico legal research resources that address many personal injury topic. If information on other areas of law is sought, we typically recommend our clients refer to the Cornell Legal Information Institute, Nolo Law, and Justia.

Hopefully these resources can answer many typical New Mexico injury law questions. However, in the event there are any questions that remain, sometimes there is no alternative to an experienced New Mexico injury lawyer. Yet.

Espanola Drunk Driving May Mean Trouble for Liquor Store

2009-08-25T17:06:02Z

A New Mexico drunk driver has been arrested in connection with the wrongful death accident of an Espanola man. According to reports, the drunk driver was traveling 60 mph down a residential street with a posted speed limit of 25 mph. Also in the car with the New Mexico drunk driver were two female passengers.

After the Espanola accident the drunk driver admitted to drinking vodka and more specifically, to buying it from a liquor store. If this is not enough, the drunk driver was only 18 years old, well under the required 21 years old to purchase alcohol in New Mexico.

In situations such as this, the estate of the deceased Espanola man may be able to pursue a claim not just against the drunk driver’s insurance, but also a dram shop case against the liquor store that sold alcohol to an underage customer. While authorities are still investigating the accident, they have not yet released the name of the liquor store.

New Mexico cases against liquor establishments, also called New Mexico dram shop cases, are intended to keep those who sell alcohol responsible. It is important for these New Mexico establishments not to place their goal of making money about keeping the community safe. When these liquor stores act responsibly, they run the risk of becoming liable for damages caused as a result of their own negligence.

New Mexico Drunk Driving Statistics - Reason to celebrate?

2009-08-23T01:34:44Z

New Mexico Drunk Driving is in the news again, but this time its not all bad. On the same hand, its not all good either. NPR recently reported on New Mexico’s affliction with drunk driving, and more specifically that it moved from leading the nation in drunk driving deaths in the 90’s, to its current ranking of 17th. The article noted that New Mexico’s fall from the 10 worst states for drunk driving deaths allowed for an extra $1.5 million dollars in federal money.

So far so good. New Mexico lowers its drunk driving rate, and gets a wad of cash in the process. However, the story on New Mexico drunk driving goes on to ask the burning question of “Why” the drop in drunk driving.

At first, the reduced drunk driving deaths in New Mexico is attributed to the ignition interlock system for which New Mexico was the first state to require the installation of after a DWI conviction. However, another Albuquerque DWI expert was interviewed as part of the study and recommends New Mexico not start patting itself on the back.

She claims that the decrease in New Mexico DWI rates is also, at least partially, attributed to a change in how the statistics are reported. It used to be that the DWI rate was based on DWI deaths per capita. This is how it was tabulated when New Mexico led the nation. The method later changed to calculated DWI deaths per miles per year traveled by each resident. Considering New Mexico is a spread out state, and many New Mexico drivers travel hundreds of miles a week, the statistics went down.

This would suggest that even though the national rating has changed, the problem is still as big as ever. Of course, as long as New Mexico moves lower and lower on the list, there is still reason to applaud. Although our New Mexico personal injury attorneys represent many drunk driving victims, this is one type of case that New Mexico has always seemed to have plenty of.

Freak New Mexico Truck/Train Accident

2009-08-21T20:32:38Z

Within the thousands of car accidents, many of which are New Mexico truck accidents, that occur each year, occasionally there are some that are so unusual and bizarre that it is impossible not to take notice. Granted there is never a New Mexico truck accident that is planned or predictable, but most certainly it easier to envision any accident other than what occurred recently on the outskirts of Albuquerque.

Yep okayA freight train that was near Belen was passing through the New Mexico darkness as if it was any other night. Whatever part of a freight train can be considered calm and serene, was interrupted when a truck came flying down from the sky and landed on it. It is certainly enough that New Mexico railroad operators need to be aware of street crossings in high-traffic areas. However, there likely was no training that could prepare anyone for vehicles falling from the sky.

Although New Mexico authorities are still investigating the incident, it appears that a truck traveling on I-25 lost control while on an overpass and fell on top of a freight train. Early accounts suggest that nobody on the train was injured and that the driver of the truck survived the incident without serious injury.

From a New Mexico personal injury lawyer’s perspective, this accident has so many possible causes and theories that it resembles a bar exam question more than a real-life occurrence.

Solving New Mexico Insurance Policy Questions

2009-08-19T17:11:58Z

New Mexico is far from the richest state in the nation. New Mexico residents rarely have substantial assets buried in their back yard that can compensate New Mexico accident victims for their injuries. As a result, the financial recovery available to New Mexico car accident victims is often limited to the insurance policies in effect at the time.

Unless the negligent driver has substantial assets to cover the injuries caused by the accident, many times the biggest question for serious car accidents or New Mexico wrongful death cases, is what is the available limits of insurance. Answering this question typically requires obtaining the other driver’s insurance policy. However, if the accident victim has any New Mexico uninsured or underinsured coverage, than a simple review of the policies can shed some light on what the minimum available limits may be.

If you have been injured in a New Mexico accident, you can check your own insurance to see if you see the letters “UM” or “UIM” next to various numbers. If you see these letter, it means that you have uninsured or underinsured motorist coverage that if necessary can be used to help in the recovery. Next to these letters you will see two numbers separated by a “/”, such as “25/50” or “100/200.” Whatever these numbers may be, they are your policy limits on that particular vehicle. The way to read these figures is to look at the first number which indicates the most that any single person is able to recover from injuries resulting from the accident, and the second number which is the most that can ever be paid by the insurance company for the accident.

Before looking at your New Mexico insurance policy and thinking you figured everything out, it is important to be familiar, or at least talk to somebody who is familiar, with New Mexico uninsured motorist law. Under New Mexico law, a car accident victim may be entitled to use other insurance policies beyond those in effect on the vehicle that was involved in the accident, to recover additional money. For this reason, it is highly recommended to speak with an experienced New Mexico car accident lawyer before contemplating, let alone accepting, any offer for a car accident case.

Large New Mexico Medical Malpractice Reversed

2009-08-19T03:49:14Z

Albuquerque medical malpractice verdicts are hard to come by. Heck, New Mexico medical malpractice lawyers will tell anyone that these case are some of the most hardly fought for anywhere in New Mexico. It is because of this that a recent New Mexico Court of Appeals decision is rippling through the state.

A while ago there was a large multi-million dollar jury verdict that was awarded in a New Mexico nursing home abuse case. The decision set various records and sent a strong message to New Mexico nursing homes on how that had to treat their patients. The case was reversed on what some may consider a legal technicality, while other may recognize as a material issue. As a result of the appellate court's ruling, the massive verdict has disappeared like a David Copperfield assistant.

The claim was based on part on the trial court's ruling that the nursing facility, under a legal theory of agency, was responsible for the conduct of the nursing home staff. Rather than present this particular issue to a jury, the trial judge decided that it was essentially an issue of law rather than fact. Unfortunately, the New Mexico Court of Appeals thinks differently and has ruled that the jury should have been allowed to decide if the New Mexico nursing home was responsible for the conduct of every staff member. As a result of the decision, the multi-million dollar verdict is gone, and the case is back to where it was years ago.