New Mexico Personal Injury Lawyer Blog

An early morning, June 22, 2011, New Mexico accident near Las Cruces has claimed the life of 3 individuals.  The New Mexico wrongful death accident occurred on Interstate 10.  While authorities are still investigating and trying to recreate the horrifying accident, initial reports suggest the FedEx driver collided with a pickup truck from behind. The New Mexico accident claimed the life of two individuals inside the passenger truck as well as the FedEx driver.

New Mexico accidents such as these are complex for many reasons. First, any New Mexico wrongful death or accident lawyer knows that fatal accidents must be handled with more care and attention. Often time the impact they leave on family members is profound and far reaching.  Second, accidents in which the responsible driver is working pose numerous other issues that must be addressed methodically and thoroughly.

In the event the FedEx driver is found to be responsible, the family of the victims will have various possible cases against not just the driver, but also the employer, FedEx.  In such situations, each case must be preserved and pursued to bring the highest level of justice to those suffering a loss.

Finally, survivors of fatal car accidents have various claims that they can bring.  This may include New Mexico bystander claims, or loss of consortium claims.

While injury lawyers know that no matter what, there are some losses that can never be fully compensated, and well planned case and successful result can help ease life’s pressures for those who are left coping with loss.

On April 9, 2011, a Toyota Lexus hit the right side of a Ford Tempo in the intersection of Airport Road and Paseo del Sol in Santa Fe.  The driver of the Lexus told police that she was escaping gunshots fired from a pursuing Ford Mustang.  The Mustang fled the scene of the accident.  

The Tempo was occupied by four people.  The driver and his two children were hospitalized.  The front seat passenger was the seventy-nine year old great-grandmother of the children.  She suffered fatal injuries.  The occupants of the Lexus were not injured.  The driver of the Mustang was later arrested.  He is facing multiple charges, including murder.  

A New Mexico personal injury lawyer could bring claims for wrongful death and bodily injuries against the drivers of the Lexus and the Mustang.  Depending on the facts, the driver of the Lexus could be found to be free of negligence.  The most culpable parties are the driver of the Mustang and the person who fired the gunshots from the Mustang.

If the driver of the Mustang and the shooter had automobile liability insurance, the insurance would not cover the damages caused in the collision.  Liability insurance policies exclude coverage for damages willfully caused by criminal conduct.  

If the driver of the Tempo had “uninsured motorist” insurance, the New Mexico car accident lawyer would make a claim for wrongful death and bodily injury damages against the insurance company under the “uninsured motorist” coverage.  Under New Mexico law, the driver of the Mustang and the shooter are “uninsured motorists.”

Under the “uninsured motorist” coverage, the insurance company is required to pay all damages for which the “uninsured motorists” are legally liable.  The exclusion for criminal conduct does not apply to the “uninsured motorist” coverage.  The insurance company would pay the damages for which the criminals are responsible.

On February 17, 2011, shortly before midnight, a woman was speeding east on Interstate 40. She was going the wrong-way in the westbound lanes.

When she approached Rio Grande Boulevard, she collided with a westbound vehicle. The male driver died at the scene. The woman was hospitalized in critical condition.

It is not yet known why the woman was eastbound in the westbound lanes of Interstate 40. A blood test showed that her blood-alcohol concentration was .09. Under New Mexico law, .08 is proof of impairment.

A New Mexico personal injury lawyer could make a claim for wrongful death damages against the wrong-way driver. If the driver’s insurance is not adequate to satisfy the wrongful death claim, the decedent’s insurance company could be liable for the amount of damages not covered by liability insurance. The decedent’s insurance company could be liable under the “underinsured motorist” provision of the decedent’s insurance policy.

The limits of “underinsured motorist” coverage would be equal to the total of liability limits on all of the vehicles insured by the decedent. Insurers must provide “underinsured motorist” coverage equal to liability coverage. Unless the insured explicitly declines to buy the “underinsured” coverage, New Mexico law requires the insurance company to provide the coverage.

In many cases, the defendant’s liability insurance is not sufficient to satisfy the wrongful death claim. The New Mexico car accident lawyer would then seek full compensation for all wrongful death damages from the “underinsured motorist” insurance available to the decedent’s family.

Having spent the evening drinking, a customer left an Albuquerque bar after midnight on March 27, 2011. When he attempted to drive, he hit five pedestrians. Two were hospitalized, one in critical condition. Three suffered minor injuries.

When the police arrived, the driver was given a breath alcohol test. It showed a blood-alcohol concentration at a level more than twice the level at which driving is illegal.

A New Mexico personal injury lawyer could make claims for bodily injury damages against the drunk driver. The New Mexico car accident lawyer would also make claims for damages against the operator of the bar.

Under New Mexico dramshop laws, the bar operator can be held liable for the injuries and damages caused by an intoxicated patron. If bar employees served alcohol to the drunk driver when they should have known that he was intoxicated, the operator can be held liable for damages. If the intoxication is a substantial cause of the bodily injuries, the bar operator can be held liable for its proportionate share of the damages.

The driver’s impairment was readily apparent. When police attempted to administer field sobriety tests, the driver was unable to maintain his balance. The police stopped the tests because they feared that the driver would suffer serious injury if he fell.

On December 14, 2010, an intoxicated driver caused a wrong-way collision on Interstate 25 resulting in a New Mexico wrongful death accident. The New Mexico drunk driver was driving south in the northbound lanes of the Interstate. At approximately 2:30 a.m., she collided with a northbound vehicle. The intoxicated driver died at the scene. Her passenger and the driver of the other vehicle were seriously injured.

A postmortem toxicology test revealed a blood-alcohol concentration of .26. This is more than three times the definition of impairment: .08.

The negligent driver had spent the evening in a bar in Santa Fe. When she left the bar, the bouncer saw that she was “thoroughly intoxicated.” The bouncer offered to call a cab. After the offer was refused, the bouncer called 911. He told the operator that a drunk patron was going to drive from the bar.

It is illegal for a bar employee to serve alcohol to an intoxicated patron. Under New Mexico dram shop law, the operator of a bar can be held liable for the injuries and damages caused by the intoxicated patron.

The fact that the bar employee tried to keep the drunk driver from driving and that he called 911 would not excuse the bar’s wrongdoing or exempt the bar from liability.

A New Mexico personal injury lawyer would present evidence that the bar employees served alcohol to a customer they should have known was intoxicated. The New Mexico car accident lawyer would show that providing alcohol to such a customer was a substantial cause of the wrong-way collision. The bar should be held liable for its proportionate share of the damages suffered by the injured survivors of the wrong-way collision.

On November 17, 2010, a Clovis police officer was driving his police vehicle during his lunch break. He was eastbound on Grand Street. He was traveling
56 mph in a 35 mph zone.

The officer failed to stop at a stop sign at the intersection of Grand and Sycamore. He collided with a pickup truck in the intersection. The driver of the pickup was hospitalized with multiple fractures. The passenger was fatally injured.

On January 21, 2011, the police officer was indicted by a Curry County grand jury. The grand jury found that the police officer had been driving recklessly. He was indicted for two felonies: homicide by vehicle and great bodily harm by vehicle.

The police officer denies that he was using his cell phone at the time of the collision. The cell phone records have not yet been released.

The speed of the police vehicle, before and at the time of the collision, was captured on a recording device in the vehicle. The recording was triggered by the deployment of the airbags. The vehicle was accelerating at the time of impact. One second before impact, the speed was 56 mph. It is evident from the speed of the police vehicle that the police officer did not stop at the stop sign at the intersection of Grand and Sycamore.

Under New Mexico law, the City of Clovis is liable for damages caused by the negligence of the police officer. A New Mexico personal injury lawyer could file suit against the city for wrongful death damages caused by the negligence of the police officer. The city is also liable for the bodily injury damages suffered by the driver of the pickup. Under the New Mexico tort claims act law, the liability of the City of Clovis is capped at $750,000.00, plus medical expenses.

On December 26, 2010, a Colorado state senator was involved in a fatal collision in the Texas Panhandle. The senator was driving north on US 385. She was wearing her seatbelt. Her son and two grandsons were unrestrained without seat belts.

The senator’s vehicle drifted into the southbound lane and collided with a SUV, occupied by a family of four. All four, husband, wife, and two kids, were wearing seatbelts. The husband and the two kids survived. The wife suffered fatal injuries.

The three passengers in the senator’s vehicle were ejected. The state police report that, after the collision, the senator picked up her three year old grandson and put him in a child restraint seat in her vehicle. The senator says she has no recollection of the accident.

The senator has sponsored seatbelt legislation in the Colorado state senate. The legislation requires proper restraints for children in automobiles.

New Mexico personal injury lawyers know from experience that seat belts save lives. They frequently make the difference between life and death on New Mexico highways. The accident in the Texas Panhandle is an exception to the rule.

People who are ejected in highway crashes usually suffer devastating injuries or death. The grandsons were treated in the ER and released. The son was hospitalized. Five of those in the accident were belted. The senator was treated at the scene. The husband and the kids in the SUV had minor injuries. The wife, 7 months pregnant, died during surgery. Her newborn son survived in critical condition.

When a tragic accident happens on a New Mexico highway, New Mexico personal injury lawyers attempt to secure compensation for the victims. A New Mexico personal injury lawyer cannot undo the death or erase the injury. The lawyer may be able to lighten the burdens for the bereaved and for the injured.

Critical developments in New Mexico uninsured motorist law could provide substantial assistance to people who have suffered serious personal injuries cause by uninsured or under-insured drivers. This could be true even for injured persons who have already settled their uninsured or under-insured motorists claim.

Uninsured motorist coverage is a type of insurance coverage which is purchased from your automobile insurance company. It protects you from damages which may be inflicted by an uninsured driver because your company will step-in and compensate you for all of the damages the uninsured motorist is legally liable for, at least up to the amount of coverage you purchased.

Under-insured motorist coverage is similar; it applies in situations where you have purchased more coverage to protect yourself than the amount of coverage carried by the person who hurt you. For example, let's say that a New Mexico drunk driver causes an accident in which you are injured. Even if he has liability insurance, he may only carry the required minimum coverage of $25,000.00. But if you were hospitalized for even a few days, your medical bills could exceed that amount. And there are, of course, other types of losses, such as lost wages, pain and suffering, etc. This is why it is a good idea to purchase sufficient uninsured motorist coverage. If you have purchased more than $25,000.00 of protection for yourself, you would be able to ask your insurance company to step in and cover the damages which exceed the amount of the at-fault driver's coverage—up to the amount of insurance you purchased for your own protection.

Many people do not even know if they have uninsured motorist coverage, although most do, or understand how it protects them.

The new development in New Mexico law have to do with rules governing how this protection must be offered and presented by insurance companies to their customers. Any person who has suffered serious damages which exceed the amount an at-fault driver's insurance coverage should contact a lawyer if the amount of their own uninsured motorist coverage is less than the amount of their own liability coverage. For example, if you have $100,000.00 in liability coverage, but only $25,000.00 in uninsured/underinsured coverage, you should contact an attorney if you were injured by either an uninsured motorist or by a driver who carried insufficient insurance to cover your damages.

Allstate insurance, Fireman’s Fund, and six other automobile insurance companies have filed lawsuits against Toyota. The insurance companies are asking to be reimbursed for losses paid because of crashes caused by “runaway” Toyotas.

The insurers claim that there is a “product defect” in Toyota vehicles that causes sudden, unintended acceleration. When unintended acceleration occurs, the driver looses control. The brakes are unable to override the acceleration.

The lack of brake-override system in older model Toyotas is another product defect. Over 80% of its new vehicles now on sale are equipped with the “brake-override” control feature. Toyota intends to be the first carmaker to offer the safety technology in all of its models. The safety software is intended to ensure that, when the car experiences unintended acceleration, pressure on the break will cause the engine to reduce thrust and return to “idle” mode.

The victims of “runaway” Toyotas have filed numerous lawsuits for personal injuries and wrongful deaths. It is estimated that Toyota may be liable for more than $10 billion.

Reports of “runaway” Toyotas began in 2000. Toyota has always maintained that the unintended acceleration was due to driver error, improper floor mats, or sticky accelerator peddles. Toyota has always denied that there is an electronic flaw in its vehicles. Government studies have found no evidence of a glitch in Toyotas electronics.

In wrongful death and personal injury litigation, Toyota may well prevail on its claim that there is no glitch in its electronics. Toyota’s liability might rest on the absence of a fail-safe override system. A fail-safe override system was not introduced until 2010.

New Mexico personal injury lawyers can sue Toyota for damages cause by Toyota’s defective vehicles. Toyota’s liability for wrongful death and bodily injury damages will not make the plaintiffs “whole.” It will, however, lessen the burden of losses caused by a decade of “runaway” Toyotas.

Another New Mexico wrongful death accident involving a mother and child is making headlines. This one, occurred on I-25 near Santa Fe. According to initial reports, the New Mexico rollover wrongful death accident began when a woman was traveling on interstate 25 when she collided with another car.

This Santa Fe car accident resulted in the Las Vegas woman’s vehicle rolling several times at which point her three-year-old child was ejected. Authorities are still investigating the cause of the New Mexico accident and the various factors that contributed to the child’s death.

No matter what happens, this type of accident is a tragedy. It sends a profound shock wave through not only the family involved, but also their friends and community. From a New Mexico personal injury lawyer’s perspective, it is always difficult handling such cases. However, it is nonetheless important to recognize that while a financial recovery, of whatever amount, may not be enough to compensate accident victims, it can be used to bring some good to those involved.

In a case such as this there are various possible claims that may arise. There are at least two separate vehicle insurance policies that may provide coverage as well as other possible theories to review. These theories include a New Mexico product defect case as well as a possible government liability case.

On December 28, 2010, a mother was driving north on 1-25 with her daughter. The daughter, 13, was riding in the front seat. She was not using her seat belt.

This vehicle moved into the left lane, hitting another vehicle. The New Mexico car accident put the vehicle into a spin. The vehicle slammed into the guardrail. The daughter was ejected from the front seat. She died during surgery. The driver was hospitalized with serious injuries.

Not much earlier, on November 21, 2010, another mother was driving south on a Highway 217 with her 14 year old daughter.

Again, the daughter was riding in the front seat. She was not wearing a seatbelt. Two younger children were buckled up in the back seat.

When the driver attempted to pass another car, she lost control and the vehicle rolled. The daughter was ejected from the front seat. She died at the scene. The driver and the two young children sustained minor injuries.

The use of a seatbelt can make the difference between life and death on New Mexico highways. A parent who allows a child to ride unbuckled is endangering the child’s life. The parent is allowing the child to walk a tightrope without a net.

A parent who allows a child to ride unbuckled can face a lifetime guilt and regret. Depending on circumstances, the parent can also face criminal charges of child abuse resulting in death.

All New Mexico wrongful deaths are tragic. Sometimes wrongful death litigations can mitigate part of the loss. Sometimes, even in these situations where a family member may cause the accident, New Mexico law may allow for a recovery. However, no New Mexico personal injury lawyer, nor verdict can ever replace the promise and dream of a healthy, eager, vibrant teenager.

On August 20, 2009, a runaway Lexus crashed and burned. The four occupants of the vehicle were killed. Before the crash, a passenger made a frantic 911 call from the vehicle. The passenger told the 911 operator that the driver could not control the vehicle, the accelerator was stuck, and that the breaks were not working.

A wrongful death lawsuit was filed against Toyota, the manufacturer of the Lexus, and against the Lexus dealership, which installed an over-sized floor mat in the vehicle.

In September 2010, Toyota paid 10 million dollars to settle the wrongful death claims against it. The action for damages against the dealership continues.

The runaway Lexus was “loaner” from the local Lexus dealer. The dealer had installed a floor mat designed for a larger vehicle. Sheriff’s investigators concluded that the gas petal became stuck under the over-sized floor mat.

Another customer drove the “loaner” Lexus a few day earlier. He reported that the Lexus raced out of control and the gas pedal became stuck on the floor mat. He was able to regain control after he put the gear shift into neutral. He said he reported the problem to the Lexus dealer.

The attorney for the plaintiffs in the wrongful death lawsuit says that the plaintiffs regard the dealer as the party responsible for the deadly crash. The attorney said the plaintiffs will ask that the wrongful death damages assessed against the Lexus dealer be in an amount in excess of the 10 million dollars paid by Toyota.

New Mexico’s wrongful death law is similar to California's. If the deadly crash had happened in New Mexico and the wrongful death claims were filed in a New Mexico court, the outcome would be the same as in the California case. After the jury determines the total amount of the wrongful death damages, the jury would be asked to asses the percentage of the total damage that was due to the negligence of the Lexus dealer. The dealer would be liable for the share of the damages caused by it’s negligence.

The Insurance Institute for Highway Safety has given its top safety rating to 66 vehicles for the 2001 model year. Last year, it gave 27 vehicles its top rating.

Some safety equipment, intended to avoid or mitigate car and truck accidents, is now standard on 2011 models. Electronic stability control and side-curtain airbags are standard equipment on over 90 percent of 2011 cars and SUVs. These standard safety features more then double the vehicle receiving the top safety rating in 2011.

To the extent the safety features are standard equipment on 2011 models, New Mexico drivers are now driving safer vehicles. Safety has come a long way in the last 40 years. Current models are unlike the vehicle described by Ralph Nader in his classic; Unsafe at any speed. New Mexico drivers and passengers are now safer at all speeds. Hopefully such safety measures will result in a decrease of New Mexico car accident cases.

At 1:30 am on December 14, Kylene Homes left a bar in Santa Fe with a friend. The bouncer saw that Homes was intoxicated. He offered to call a cab. She refused. An hour later, Homes was driving, at a high rate speed, south in the northbound lanes of I-25, just south of Santa Fe. Homes collided with a northbound ambulance. Homes died. Her passenger and the ambulance driver were seriously injured.

The Santa Fe car crash reminded us of the deaths caused by Dana Pabst three years earlier. On November 21, 2007, Pabst was southbound in the northbound lanes of 1-25. Pabst collided with a northbound vehicle that was occupied by 6 family members. The collision killed five of the family and the wrong-way driver, Dana Pabest.

The Homes and Pabst wrong-way crashes recall a notorious Christmas eve tragedy. On December 24, 1992 Gordon House was eastbound in the westbound lanes of 1-40. House collided with a car occupied by five family members. The mother and the three daughters were killed. The father was seriously injured.

Before each New Mexico wrongful death accident, Pabst and House had made u-turns in the median of the interstate. It has not yet been determined how Homes became southbound in the northbound lanes. All three drivers were highly intoxicated. It would appear that the drivers became disoriented and thought that they were driving in the right lane of a regular highway.

While it is impossible to remove blame from these New Mexico drunk drivers, it has also become clear the drunk driving, and specifically drunk drivers making u-turns in this area is all to foreseeable. Perhaps it is time for the State to do more to prevent u-turns in the median and to alert wrong-way drivers they are on a “one-way” road.

The horrific Clovis New Mexico car accident involving the wrongful death of an innocent passenger and the careless driving of a Clovis police officer made headlines again. This time, a report of the events leading up to the New Mexico wrongful death accident was released. According to reports, New Mexico investigators have been able to determine that the Clovis police officer was traveling at 58 mph four seconds before the accident, and one second before impact, slowed to 53 mph only to accelerate to 56 mph immediately before impact. All of this occurred on a road with a speed limit of 35 mph.

It seems as the the police officer is unable to claim he was responding to an emergency or even engaged in a hot pursuit, instead he was on his lunch break. As a result of his actions, he caused an accident that fatally insured the passenger of a pickup truck he collided with.

A suspicious turn of events is being reported in the Santa Fe wrongful death case. Lawyers for a Santa Fe bar have contacting authorities claiming to have knowledge of where the driver was who caused the accident earlier in the evening. Considering law enforcement officers suspect the collision is another New Mexico drunk driving accident, it seems as though there may be a possible dram shop violation involving the accident.

New Mexico dram shop law is centered around a body of statutes that prohibit bars and restaurants from selling or providing alcohol to intoxicated individuals. In the event it can be shown that the driver of the vehicle that caused the horrific Santa Fe wrongful death accident involving a local ambulance, and that such person was over-served alcohol, then the bar may be liable for some if not all of the damages that arose from the accident.

Dram shop law in New Mexico is highly specialized, and the cases are often very complex. Typically, one of the most difficult issues in proving that the alcohol served to the driver was the alcohol that made her sufficiently intoxicated so as to cause the accident.

To what extent does the economy effect New Mexico personal injury claims? One theory is that injuries are related to economic activity—the more economic activity, the more injuries will occur. This is because economic growth produces construction, the use of roads, increased shopping, eating out, etc., which increases the numbers of accidents.

Personal Injury lawyers are in disagreement about the effects of an economic downturn. A large number of personal injury cases arise from automobile use, and past recessions have shown that American's driving habits are somewhat “inelastic,” meaning that people drive about the same amount, regardless of the overall economic situation. So, in economic hard times, people are on the road about the same amount as in good times.

Another factor complicating how to judge the relationship between economic growth and personal injury litigation is the lag between the injury, itself, and when lawyers become involved. After an injury, the first priority is undergoing medical treatment. Often, a New Mexico personal injury claimant will need to finish medical treatment before being able to evaluate his/her case. A period of negotiation may then follow, so that lawyers may not become involved for some time after the initial accident.

A recent holiday parade in Raton, New Mexico brought anything but joy when it was released that a man injured during the festivities passed away from his injuries. Police have indicated that the 78 year old man was hit by an SUV driven by a 17 year old female. Although no charges have been filed to date, police a continuing to investigate the New Mexico wrongful death accident.

Such an accident injury is too similar to another accident case previously discussed in which a Rio Rancho motorcycle rally resulted in numerous New Mexico motorcycle accidents and injuries. Such organized events are resulting in more and more injuries throughout New Mexico. While driver error may play a part in these accidents and injuries, it is also important to make sure that the injuries could not have been prevented with a better organized traffic plan or safety measure.

Common examples of such safety measure that protect participants and such rallies or parades includes a revised traffic plan, extra law enforcement, and pedestrian crowd. Although it is not possible to determine if such factors, or lack thereof contributed to these injuries, it is nonetheless an alarming trend.

Recently an Albuquerque city employee was charged with sexual assault against a neighbor. According to the story, the city worker, while under the influence of alcohol and drugs, attempted to rape his neighbor. While this garbage employee is making headlines, this is certainly not the first time an employee has caused a New Mexico personal injury or New Mexico accident.

From a New Mexico personal injury lawyer's perspective, this sexual assault story raises the issue or respondeat superior or vicarious liability. This is when somebody, such as an employer, can be held accountable for the conduct of someone else, such as an employee. Often times for such New Mexico injury and accident cases, the question comes does to whether the employee was working under the scope and corse of his or her employment, or whether it was forceable such a person such a incident could occur. For example, the new story on this incident suggests that the driver had to submit to regular drug tests. In the event he failed any such tests and nothing was done, then the City of Albuquerque could be responsible for allowing such an individual to remain on the streets.

In addition to helping hold employers responsible for sloppy employee management, hiring, training, and retention, New Mexico personal injury claims against an employer often allow the injury victim to recover substantially more than claims limited to the employee.

Rio Rancho hosted a motorcycle rally recently to help raise money for a Toy Drive. Sadly, Rio Rancho also hosted a Rio Rancho motorcycle accident. While it is difficult to determine exactly how many motorcycles were involved in the accidents, initial reports seem to suggest numerous people were injured.

The remarkable fact about the Rio Rancho motorcycle accident story is that within the past few years Rio Rancho has also seen other New Mexico motorcycle accidents occur during motorcycle rallies. In some of those prior cases it has been alleged that Rio Rancho did not properly permit the event and allow for sufficient police escorts. While it is unclear what caused the numerous motorcycle accidents at this recent Rio Rancho rally, one has to begin wondering just how good the city and organizers protect riders that participate for the most respected of reasons.

A recent Clovis, New Mexico car accident, in addition to being a tragic story, highlights New Mexico government liability law, specifically, New Mexico's Tort Claims Notice requirements.

The fatal New Mexico accident occurred when a Clovis police officer ran a stop sign near Grand and Sycamore and struck another vehicle. The driver of the other vehicle was taken to University of New Mexico hospital and is listed in critical condition. Sadly the passenger died as a result of the injuries.

Under New Mexico law, each accident victim is entitled to pursue a New Mexico wrongful death claim. However, under the letter of the law, there is immediate action taken. Depending on the severity of her injuries, the accident survivor may have only three or six months to place the government on notice that there may be a potential claim. With respect to the deceased accident victim, her family and loved ones may only have six months.

These limits arise from the New Mexico Tort Claims Act that requires near immediate notice to the correct branches of the government. Although some New Mexico wrongful death lawyers have been successful in challenging these requirements, there nonetheless remains various legal requirement that must be followed while New Mexico accident victims must also cope with their injuries.

New Mexico’s most recent fatal truck accident occurred on US 54 and involved vehicles from Wisconsin and Minnesota. Initial reports suggest that the accident began near Nara Visa when two passenger vehicles collided and were subsequently hit by a semi truck. The New Mexico truck accident has left a man and a woman dead and two others in critical condition.

Multiple impact car crashes such as this can become very complex, very quickly. Under New Mexico accident law, each driver is responsible for his or her own actions and the damages that are caused. For example, even though the semi-truck did not start this particular New Mexico truck accident, the driver could still be accountable of any of his driving contributed to the second accident. Similarly, the vehicle that was struck by both the first car and the semi truck may be allowed to pursue claims against both insurance carriers.

As is true in any New Mexico wrongful death case, the prospect of financial recovery offers no consolation for the families of those involved, but nonetheless, we have seen recovery used to improve the quality of life for the victims loved ones.

News of a recent Albuquerque car accident on Golf Course Rd raises the question of whether New Mexico law allows for a recovery in single vehicle accidents.

Just as the name sounds, single vehicle accidents are those in which only one vehicle is damaged. Under New Mexico law, passengers involved in single vehicle accidents will almost always have a case to pursue. In some situations the driver may also have a claim. This arrises in situations where the accident was caused, or contributed to by: an unknown vehicle, a dangerous condition of road, or a defective vehicle.

Very often these claims go un-pursued when the injury victims mistakenly believe there is nothing that can be done. To the contrary, single vehicle accidents, just like all Albuquerque car accidents, may allow for the injured victims to recover.

For example, in the recent Albuquerque car accident on Golf Course Rd, initial media reports suggest that the vehicle made contact with a guardrail. Regardless of what caused the vehicle to lose control, if it is found that the guard rail was maintained defectively, there may be a viable claim for those injured to pursue.

Airbags are now common place throughout the nation. We rely on airbags to protect us when the unthinkable happens. However, defective airbags can be just as harmful, if not more dangerous than no airbag at all.

Defective airbag lawsuits generally involve a limited series of claims. The airbag deployed with too much force, too little force, or it failed to deploy under the appropriate force. An experienced airbag attorney (not meant as a slur) is aware that such cases are often very technical and usually require an expert to study the vehicle as soon as possible to provide an opinion regarding what caused the airbag to deploy defectively, or fail to deploy all together.

Given the high costs that an attorney must front in defective airbag cases, the severity of injury is a major factor for product liability attorneys selecting which cases to pursue. However, if you or a loved one has been injured due to a defective airbag, it is wise to contact an attorney experienced in defective airbag litigation before allowing the vehicle to be moved, inspected, or repaired by an insurance company.

A freak semi truck accident recently claimed the life of a Bernalillo County Sheriff’s Deputy. The accident occurred when one vehicle apparently negligently pulled out of a gas station causing a semi truck to take evasive action. In doing so, the semi truck collided with the Bernalillo Sheriff Deputy’s unmarked car.

According to initial reports, the fatal car accident involving the deputy was caused by a German national in town for a local conference. This wrongful death accident not only claimed the valued life of a New Mexico law enforcement member, but was triggered by a simple lapse in attention.

One unique issue is whether, in an accident such as this, New Mexico law would apply to a wrongful death suit. As with any New Mexico wrongful death case there may be recovery available to the family of the victim, however, in this situation, the litigation may take a complex path through New Mexico law, truck accident law, and even German law.

For the time being, the New Mexico law enforcement community is left grieving the loss of one of its respected brothers.

Obviously, the most important settlement consideration to the plaintiff in a personal injury case is his/her net recovery. Therefore, the plaintiff's attorney must understand the role of the various parties who make a claim against the settlement proceeds. The plaintiff's net recovery is enhanced by proper handling of these claims. In addition, the plaintiff must be aware of the potential consequences of not handling these claims correctly.
Subrogation arises between an insurer and its insured, allowing the insurer to recover payments against the person who caused the loss. Subrogation “allows an insurer who has fully compensated the insured to step into the shoes of the insured and collect what it has paid from the wrongdoer.” Amica Mut. Ins. Co. of Ariz. v. Maloney, 120 N.M. 523, 527, 903 P.2d 834, 838 (1995). Subrogation arises “by operation of law.” Safeco Ins. Co. of America v. U.S. Fid. & Guar. Co., 101 N.M. 148, 149, 679 P.2d 816, 817 (1995). Subrogation also arises in the suretyship context. See NM State Highway & Transp. Dep’t v. Gulf Ins. Co., 2000-NMCA-007, ¶11, 128 N.M. 634, 996 P.2d 424.

New Mexico has applied subrogation principles only in disputes involving insurers. Gulf Insurance Co. v. Cottone, 2006-NMCA-150, ¶11, 140 N.M. 728, 148 P.3d 814. Cottone arose from a chain reaction auto accident. A person injured in the accident sued (only) a driver, insured by Gulf Insurance Co. Gulf then sought reimbursement from others allegedly at fault for the accident. Gulf argued it became subrogated to the claims of the injured party when it settled with her. The court rejected this attempt to expand the concept of subrogation, which traditionally has been limited to insurance companies that had paid their own insureds. The reasons for this rejection were (1) the doctrine of comparative fault meant that Gulf had only paid damages by which its insured was responsible and, therefore, had no claim against the other parties, (2) New Mexico does not allow an assignment of personal injury claims, and (3) the release signed by the injured party did not release anyone other than Gulf’s insured.
An insurance company providing uninsured or underinsured motorist coverage is entitled to reimbursement out of the proceeds of any recovery which might be obtained from the person(s) responsible for the accident (the “tortfeasors”). See NMAC, Dept. of Insurance Regulations, §12.3.17.9.2. The company also has a subrogation right, and may sue the uninsured tortfeasor to recover any amounts it may have paid. Id, §12.3.17.9.4. The insured must cooperate in any subrogation suit brought by the carrier, and the carrier could compel joinder of an uncooperative insured to serve as an “involuntary plaintiff.” §12.3.17.9.11.
Special considerations apply in workers compensation cases. If the employer paid the premiums for the uninsured motorist coverage, reimbursement is handled normally. See Section 52-5-17C. (As a practical matter, most employers have figured out that they can opt not to have uninsured motorist coverage to cover their employees.) On the other hand, if the worker pays the premiums of the uninsured motorist coverage, the employee is not required to reimburse the workers’ compensation carrier. Id. Moreover, this subsection does not entitle the UM carrier to a credit or offset for the amount of workers’ compensation benefit paid to the worker. Mountain States Mut. Cas. Co. v. Vigil, 1996-NMCA-062, 121 N.M. 812, 918 P.2d 728.

Oil and water, cats and dogs, phone bills and teenagers.  Some things just don't go together.  But does the same have to be true for New Mexico bicyclists and motorists? Well, if New Mexico's neighbor to the west is any indication, there is a long way to go. Transportational tensions are flaring in Tuscon as bicyclists and drivers continue their war of words.  Even to local news has become caught in the middle.

Here in Albuquerque, bicycle accidents are all too common. Any drive on a weekend morning will reveal that the issue will not be going away anytime soon.  While drivers tend to feel that they are entitled to the road and bicyclists must yield the way, the law is not so one-sided.  More often than not, New Mexico bicycle accidents occur when a driver fails to respect their fellow two-wheeled roadster.  

While it may take some time for New Mexico bicyclists and drivers to coexist in harmony, there is certainly no need to tolerate hostility and injury while we wait.

New Mexico accidents are common. New Mexico motorcycle accidents unfortunately are also prevalent. Often with New Mexico motorcycle accident cases, it is important to overcome prejudices and show that the motorcycle driver is not at fault. Sometimes this can be difficult, while other times it is exceedingly easy.

Bizarre facts are surfacing of a recent New Mexico motorcycle accident that occurred near Espanola. The Espanola motorcycle accident occurred moments after a police officer clocked a driver racing over 100 mph. As the officer was preparing to pull over the driver, he ran a red light and struck a motorcyclist.

Other than making liability an easier task to prove, the facts leading up to this New Mexico motorcycle accident provide an example of when outrageous conduct can lead to punitive damages following a car accident.

Attorneys on both sides of new Toyota litigation arising from the injuries and deaths allegedly caused by defects in the design of the Toyota Prius have petitioned a single California district court to assume jurisdiction over hundreds of lawsuits pending across the nation. The system under which this consolidation would occur for cases such as Toyota Prius Litigation, called "Multidistrict Litigation" or MDL, helps conserve the resources of the judiciary and the parties involved in the lawsuit, by unifying the process by which all sides conduct trial preparation. After this trial preparation, or discovery, is completed, the case returns to the original jurisdiction for trial, if necessary. Thus, a person who was injured in a Prius in New Mexico would file his or her case in the District of New Mexico; it would then be transferred to whatever federal district was assigned the MDL and returned to New Mexico for trial. Because of the large number of plaintiffs who are affected, MDL most often occurs in product liability cases and environmental and toxic torts.

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.

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.

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.

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 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 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.

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 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.

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.

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.

Albuquerque motorcycle accidents are too common. They often require just the slightest lapse in attention from a negligent driver and can result in some of the most serious injuries. A New Mexico motorcycle accident lawyer is aware that many times these cases involve more complex areas of damages and require special attention and care.

Unfortunately, a recent New Mexico motorcycle accident serves as a reminder to just how serious these accidents can be. Police responded to a motorcycle accident on Sunday night involving an SUV that rear-ended an unsuspecting motorcycle rider. The motorcyclist was stopped at Coors and Quail for a traffic light when he was rear-ended by a woman in an SUV. Making matters worse, the injured motorcyclist was pinned under the vehicle and required the assistance of various onlookers to be removed.

Recent reports also suggest that the woman failed a subsequent sobriety test and was arrested. This appears to be a New Mexico injury case in which no amount of money is going to be sufficient to compensate the accident victim. Separate from her criminal charges, the driver of the SUV will likely also be responsible for punitive damages in the event that sufficient insurance coverage exists.

Albuquerque accidents are common, and everyone seems to complain about the awful drivers unique to the Duke City. However a study of Albuquerque car accidents, as they compare to cities from around the Nation, attempts to rank exactly who holds the title as the “Nations Worst Drivers.”

I’m not sure if people will be happy or sad to hear that Albuquerque’s drivers and are not the worst, and Albuquerque car accidents not more common than anywhere else. Rather, according to the study published by Allstate's annual America's Best Drivers Report. Of the 193 cities involved in the accident study, Albuquerque came in at 76. The worst drivers, according to the study come from Washinton DC where motorists are likely to be in an accident every 5.2. The Nation’s best driver are in Sioux Falls and are involved in accident only once every 13.5. As for Albuquerque drivers, you can expect to be in an Albuquerque auto accident once every 9.6 years.

Many Albuquerque and New Mexico accident lawyers are aware of a trend involving pedestrian or bicycle accidents. Typically in such cases, the injured pedestrian or bicyclist has been taken away from the scene, the driver of the vehicle is emotionally upset, and the officer arrives to begin the investigation. Given the dynamics of such accidents, there is a phenomenon in which the investigating officer tends to empathize with the motorists rather than the absent and seriously injured pedestrian.

Fortunately, new training for Albuquerque police officers regarding pedestrian and bicycle accidents will hopefully yield more accurate and unbiased investigations. Sponsored by ABQ Ride, a training recently occurred during which a vehicle continuously slammed into a mannequin on a bicycle or on foot on Albuquerque’s West Side. Police officers were then briefed on how to examine the clues at the scene, including debris and personal effects to determine information regarding the impact.

It remains to be seen at this training will have any effect on how public or the police reports are written out following pedestrian or bicycle accidents. As an aside, I’m not quite sure what to make of the fact that ABQ Ride spent $10,000 to assist in the investigation of serious accidents rather than in preventing them.

Our New Mexico personal injury attorneys often times receive calls from people injured due to negligent bus drivers for the City of Albuquerque and other New Mexico cities. Because of this, I was especially intrigued to see a local story about Albuquerque's own Transit Director who believed it was a good idea to release to the public, videos of his drivers driving poorly.

Victims of Albuquerque bus accidents and injuries will be especially interested to view the video and its depiction of Albuquerque bus drivers text messaging, beating up passengers, and showing disregard for passenger safety. The video of Albuquerque bus drivers is even more shocking given the fact that many of the scenes shown involve pending injury cases.

Anyone injured because of an Albuquerque bus should be aware that New Mexico law requires written notice be sent to the relevant officials within 90 days of the injury to preserve the right to pursue a claim.

Local news recently reported that police in Gallup New Mexico tend to begin a study of New Mexico Highway 602 after two pedestrians were hit by vehicles and killed this past week. Although pedestrian deaths are not uncommon in New Mexico, this stretch of road has seen its unusual share.

Under New Mexico law, claims are allowed against the government for the defect is or negligent maintenance of roads and highways, but not for the design of them. Typically, such cases require an argument that lighting of a road falls within the maintenance category rather than design.

In a recent cases in Gallup, at least one motorist reported being unable to see the pedestrian. These cases suggest that even though the police reports may be suggestive that the driver was not at fault, there still could be a case in the event that the county, state, or municipality, is aware of the danger posed by these roads, yet does not act promptly.

As an aside, it seems puzzling that the police department is responsible for studying ways to improve lighting rather than the city planning or highway departments.

The New Mexico injury lawyer blog has provided, on numerous occasions, a soapbox on which to emphasize the importance of New Mexico uninsured motorist coverage. However, a recent study by the Insurance Research Council serves to reinforce this position. Be recent study concluded that New Mexico led to the nation and 2007 with uninsured motorists. These statistics showed that one out of every four New Mexico drivers, get behind the wheel without insurance in. This would mean that any New Mexico accident victim has a one out of four chance of the responsible party having no insurance.

The study also found a correlation between economic conditions and uninsured motorists. The connection suggests that the worse the economic situation, the more uninsured motorists there are on the roads. Although this is certainly not the primary concern with the nation's current economic crisis, it is nonetheless an effect of it that cannot be ignored.

The study points out that uninsured motorist coverage becomes more of a necessity when a number of insured drivers in the surrounding area decreases. Hopefully to be one out of four statistic will encourage more New Mexico drivers to obtain uninsured motorist coverage and ensure that they are adequately protected. Until then, the study places New Mexico at the top of yet another undesirable list.

A South Valley man is celebrating the streetlights that may be pouring into his bedroom, keeping him up at night. Although it sounds like an odd reason to be happy, it is important to look at why the streetlights were installed. In a story reported by Michael Paluska at KRQE, the addition of 25 streetlights installed along Isleta Blvd. in Albuquerque, is the ending to a dark story involving an Albuquerque man who was forced to witness the death of his son.

The South Valley father saw his son crossing the street, and although he told him to be careful, it was too late. Although the driver of the truck that killed the New Mexico man faces vehicular homicide charges, as well as others, the dark, under lit, nature of the road seems to have been a contributing factor in the death.

This scenario brings to light a common issue in New Mexico injury law which is whether the government can be held accountable for poorly maintained streets. Essentially, the distinction that makes all the difference is whether the street or highway contributed to an injury because of its poor design or poor maintenance. Without getting into extensive detail that would no doubt boor half of Albuquerque, citizens are unable to sue the government for negligent design of roadways however, are permitted to do so for negligent maintenance of roadways. However, before beginning the analysis of whether the defect is maintenance or design, one must ask whether a played a material role in the injury. Because New Mexico is a comparative fault state, in this case, the jury would also consider the percentage fault that the negligent driver had.

According to statistics, during the holiday season, it is best for New Mexicans to stay indoors. The following is a list of statistics as well as their sources:

National Highway Traffic Safety Administration: 4020 people in the United States will die in a car accident between Thanksgiving and New Year's.

Mothers Against Drunk Driving: 1000 people will die between Thanksgiving and New Year's in drinking related crashes.

Insurance Institute for Highway Safety: The most alcohol-related car accidents will occur between December 23 and January 1.

Obviously staying inside for fear of a New Mexico Car Accident would defeat the purpose of the holiday season, however, any glance at these statistics sends a signal that it is important to stay cautious and safe while on New Mexico's roads. The majority of these statistics are the result of not only drunk driving, but also fatigue, speeding, and talking on cell phones. Not only is it an obvious suggestion to avoid doing these, but it is also prudent to be aware that other drivers around you may not be so responsible.

Many New Mexican's are aware of the somber holiday news regarding a New Mexico lawyer that was involved in an New Mexico car accident that left resulted in the death of a San Felipe man. The accident occurred near a Santa Fe bar and, according to news reports, occurred when the vehicle the lawyer was driving struck a pedestrian. Initially, the pedestrian was taken to a local hospital where he was listed in critical condition, sadly, the man passed away, unable to survive his injuries.

As noted earlier, the attorney now faces both criminal and civil penalties. A sad, and legally unique aspect of the case surrounds the vehicle's passenger, a state police officer who was also assigned to the governor's security detail. New Mexico law is foggy on how to treat the conduct of a passenger who knowingly enters a vehicle with an intoxicated driver. How this translates into criminal and civil legal action against the passenger will be interesting to follow.

Gallup, New Mexico is targeting distracted drivers in hopes of curbing accidents. While it has become common for municipalities to ban cell phone use while driving. Gallup city officials are taking it one step further by targeting not only drivers on cell phones, but also those who apply makeup, eat, or anything else that distracts from driving.

Aware that such a new law would take substantial resources to enforce, the approach that seems to make to have the most support is to enforce the law only of the behavior leads to a car accident. I think this law will do little to discourage distracted driving, and instead just add another ticket to distracted drivers. The idea is applaudable, but the execution seems to prove difficult.

A recent study found that roughly 13% of semi truck accidents occur during bad weather. Fortunately, bad weather in New Mexico does not occur very often, but when it does many drivers are not prepared. The same holds true for semi truck drivers who do not always exercise the caution necessary to avoid endangering the New Mexico public.

I experienced this first hand last winter when I was traveling to Gallup for a hearing and was on I-40 during a blizzard. Many cars pulled to the shoulder and simply stopped driving. However, numerous semi trucks were passing vehicles on all sides traveling at high speeds. Not only were the drivers not exercising proper caution, but they seem to have a complete disregard for the smaller vehicles scattered throughout the road.

New Mexico semi truck accidents are some of the most serious given the sheer weight and size of the vehicle involved. The injuries can be serious and sometimes fatal. The New Mexico semi truck accident lawyers at the Fine Law Firm believe it is important to review the federal semi truck regulations in every semi truck accident case to determine if any rules were broken that contributed to the accident.

It is important to know that semi trucks traveling through New Mexico's highways are obligated to abide by a strict set of regulations regarding the operation of their trucks. One such regulations specifically addresses driving in hazardous conditions and requires "extreme caution."

When evaluating New Mexico semi truck accidents it is important to keep in mind these regulations to evaluate if the violation of any such rules contributed to the accident. Many times even the violation of a seemingly obscure regulation can result in substantial recovery for New Mexico semi truck accident victims

KOAT recently reported on the amazing ending of a horrible story. The article was about a 14-year-old Albuquerque boy who was released from the hospital four months after he was seriously injured in a New Mexico drunk driving accident. Doctors gave the boy a 20% chance of surviving, however, with the help of his family and his own perseverance, he recently returned home. During his hospitalization he not only had to endure 5 surgeries, but also spent some of the time is a coma.

As an Albuquerque accident lawyer, this story brings to light an important issue is many New Mexico injury cases, subrogation. Subrogation is the duty to reimburse health insurance or medical providers for care they provide to an accident victim who later recovers from an automobile insurance company. This "duty" is often times made binding in New Mexico health insurance contracts, or from the medical provider directly.

This is an important aspect of New Mexico car accident cases considering that a client's recovery is determined by two separate elements: how much the car insurance pays, and how much of that has to be paid back to the health insurance companies. This unique relationship means that even if liability is clear and a car insurance company pays the policy limits, it is just as important to work to reduce the subrogation claim to maximize a client's recovery.

This is certainly a complex issue, and one that cannot be fully explained in a New Mexico Personal Injury Lawyer Blog entry. However, if nothing else, it is important for victims of serious New Mexico injuries to contact an experienced lawyer who can not only get you the most money possible, but help you keep it.

For the second time this month a Taos accident has resulted in a fatality. Earlier this month, the New Mexico Injury Lawyer Blog featured the tragic story of a Taos motorcycle accident. Sadly, another fatal Taos car accident recently occurred that has taken the life of a two year old toddler. Words cannot express the depth of loss that such an accident causes and certainly no legal outcome, whether civil or criminal will ever be just.

The accident occurred when a Taos hit-and-run driver struck the child and fled the scene. Following the car accident, the child was taken to Holy Cross Hospital where revival efforts were unsuccessful. The vehicle involved was a dark colored, beat up, late 1990's model pickup. Anyone with information can contact the Taos Police Department.

The accident again brings to the forefront the New Mexico personal injury law governing both hit and run and pedestrian accidents. A little known area of New Mexico uninsured motorist coverage would allow for recovery if any of the victim's family members who live in the same household have uninsured motorist coverage. This is true even the the vehicle that is insured has nothing to do with the accident. Again, while no recovery could come anywhere near adequate, this situation highlights the importance of contacted an experienced New Mexico injury and accident lawyer to explore all possible options.

The New Mexico Court of Appeals recently wrote an opinion regarding New Mexico uninsured motorist coverage waivers. Prior to the recent opinion, it was understood that unless an insurance company could produce a written waiver by their customer specifically asking to exclude uninsured motorist coverage, they were required to provide it.

Many of our New Mexico car accident clients have benefited from this law when they were involved in accidents in which the negligent driver did not have insurance. Although the client's insurance company would initially attempt to exclude uninsured motorist coverage, when they were unable to produce the necessary documents, they had no choice but to provide such coverage and pay our client's claim.

The recent decision involves a driver who was injured while working for a large company and who sought to stack his employer's uninsured motorist coverage. The insurance company denied the stacking despite not having a signed waiver. The court did an about-face and concluded that the signed waiver is no longer a requirement and instead the waiver must only be made part of the policy.

Although the court expressly limited its opinion to the specific case, it is hard to imagine that the door has not been cracked open for insurance companies to argue a sweeping change.

For the second time in one week, Clovis is again in the New Mexico personal injury lawyer blog as a result of a two-car accident on New Mexico 209. the accident occurred on Wednesday when a northbound vehicle crossed into the southbound lane resulting in a head-on collision.

Sadly, three individuals were killed in the collision while another was airlifted to Texas. It is possible that this single collision could result in three separate New Mexico wrongful death claims. Such scenarios are not uncommon for New Mexico wrongful death lawyers to encounter, and often times result in drastically insufficient coverage to come anywhere near what would otherwise be recoverable. Such a New Mexico wrongful death accident highlights the importance of searching for any and all available coverage.

Although in New Mexico wrongful death cases, there can never be "enough" insurance coverage, but we have seen numerous wrongful death settlements and verdicts be used to provide an education for the families involved, or resolve some of the financial worries that may develop as a result of such situations.

Most any driver on New Mexico roads has at some point seen the small crosses along the shoulders that designate scenes of serious or fatal New Mexico car accidents. These memorials, or descansos, have been reported to have various effects on people ranging from offensive religious symbols to comforting objects helping people grieve.

Personally, these symbols do not strike me as religious as much as they do somber reminders of serious car accidents that changed people's lives. I oftentimes can't help but slowdown, become a little more cautious, and try to drive safer. It would not matter to me if the symbol was a cross, a Jewish star, a circle or a rectangle. Rather, the effectiveness is the consistent symbol that reminds people of importance of driving safely.

These symbols are being challenged in a Utah court which has caught the attention of New Mexico's Attorney General. The lawsuit was brought by an atheist group concerned with the state's funding of the crosses to designate the deaths of state troopers. New Mexico has filed a brief in the pending appeal to challenge the case.

I can understand the frustration with the state funding religious symbols, however, I sincerely hope that these highway memorials do not disappear as a result of the case. Hopefully the sides will reconcile their differences and allow the symbols of New Mexico accidents to remain standing.

I truly believe, as do many New Mexico car accident lawyers, that cautious driving would greatly reduce New Mexico wrongful death and accident claims. If these reminders scattered throughout New Mexico's highways help in that process, it would be a shame to lose them.

A local Albuquerque television station recently did a report on the requirements necessary to obtain a New Mexico driver's license. Specifically, the report focused on the 25 question driving test in which it is necessary to correctly answer 18 questions to pass. From an Albuquerque personal injury lawyer's perspective, I watched the report wondering if more stringent testing requirements would decrease the number of accidents on Albuquerque streets. Honestly, I don't think it would make much of a difference.

In my experience meeting with victims of Albuquerque car accidents, very rarely can I say that an accident occurred because somebody did not properly tap their breaks or pull over for an approaching emergency vehicle. Instead, accidents occur most often from a lapse in attention, or a conscious decision to drive dangerously and erratically.

Currently, at least according to the news report, drivers must answer 18 of 25 questions correctly. This is essentially asking for a 72%, or C-, grade to pass a driver's test. Even if the necessary score were increased, I do not believe that it is going to prevent some people from speeding, running red lights, or not properly yielding to oncoming vehicles. Simply put, I believe that many Albuquerque car accidents occur because people choose to be risky and dangerous drivers, not that they simply do not understand driving rules.

Nonetheless, it is an interesting report by Shelton Dodson. If you want test yourself, you can try a sample New Mexico drivers license test.

There was a recent Albuquerque car accident on I-25 and Paseo Del Norte. Although this in and of itself is not terribly noteworthy, let alone “blog worthy” for an Albuquerque injury lawyer, the way the accident happened is worth focusing on.

In the early evening an officer observed a motorcycle traveling at a high speed, high being up to 140mph, on the freeway. Not surprisingly the officer began pursuing the moron on the motorcycle. However, when the Albuquerque Police Department officer followed the motorcycle off the interstate, he collided with a pickup truck. Apparently the motorcycle sped away.

Accidents that occur during police chases, or “pursuit cases” as they are referred to by Albuquerque car accident attorneys, require looking at whether the pursuit was following the police departments standard operating procedure.

Generally the SOPs require that the police officer balance the risk posed to the public by continuing the chase, with the harm of letting the subject remain at large. Essentially, if the risk the public is not worth catching the guy, the office should let up.

Each case needs to looked at closely by an experienced New Mexico car accident attorney, and while I would not begin to speculate as to whether the pursuit was justified in this situation, in nonetheless brings to light an important issue.

Of note, victims of New Mexico police pursuit accidents should be aware that to preserve all their rights to pursue their case, action must be taken within 90 days of the incident otherwise their ability to recover may be affected.

Typically when you hear about a New Mexico motorcycle accident when the driver admits to drinking at a bar beforehand and tests positive for alcohol, you can expect DWI charges to follow. However, apparently the rules change when the suspected New Mexico drunk driver is a police officer.

Steve Lynn of the The Daily Times out of Farmington, San Juan County, reported that following the accident in which the police officer injured his motorcycle passenger, there were no criminal charges other than a misdemeanor careless driving citation. While New Mexico drunk driving lawyers know that the law allows for DWI charges even if the blood test is not the requisite .08, apparently nobody felt compelled to file such charges against the police officer.

Instead, the officer received an "unbecoming conduct" violation for which it is unclear how he will be disciplined. As Albuquerque motorcycle accident lawyers, we handle numerous cases throughout New Mexico and into the Farmington, San Juan County, area. We also encounter numerous cases in which the government, or police officers contribute to causing the accident. You always hoped that the officer will be treated just as if he was any other motorist, however, that is not always the case.

Although I admittedly have not reviewed the police report nor have any inside information into whether or not the Farmington police officer was in fact driving his motorcycle drunk, this case smells.

A recent fatal accident in Taos Canyon leaves a woman coping with her serious injuries while simultaneously mourning the loss of her husband. The accident occurred on November 2nd when a a vehicle crossed the center line and struck the motorcycle head on. The driver was cited for vehicular homicide after his reckless driving was found to have caused the accident.

From a New Mexico motorcycle accident lawyer's perspective, this is an all too common story. The reckless driving charge will likely allow for the pursuit of punitive damages which typically can only be recovered with substantial assets or the victim's own underinsured motorist coverage.

The recent Taos Canyon motorcycle accident highlights that motorcycle accident are often the most gruesome of accident on New Mexico's highways. I do not hesitate when I say that paying for New Mexico underinsured motorist coverage is one of the most important decisions a motorcycle rider can make.

According to a foreign research company, it may not be long before New Mexicans have a third eye watching their every move. The company has found a way to install a small camera in the front windshield of most vehicles for under $1000.

The camera, or "eye" constantly monitors obstacles approaching the vehicle and notifies the driver regarding any potential danger. The goal of the device is clearly to prevent car, truck, and motorcycle accidents. It is currently being tested by the Dutch government and pending its trial phase may be seen in all vehicles before long.

Its features include the ability to warn drivers when they are tailgating, drifting out of their lane, or approaching a stopped or rapidly slowing vehicle. Although it is nice to contemplate the technology working in making the roads safer, it is hard to reason that tailgaters drive the way they do not because they choose to, but rather they are unaware they are doing it.

Even if the technology lives up to half its billing, it has the potential to be one of the most revolutionary vehicle safety advances in recent history.

New Mexicans often read about a new drunk driving car accident in Albuquerque, Farmington, Las Cruces, or most any other New Mexico city every week. But, believe it or not, New Mexico was recently cited as a success story in the fight against drunk driving accidents. An out-of-state article focusing on drunk driving laws and ignition interlock devices cited a study that suggests New Mexico my be on the right track in fighting drunk driving car accidents.

The article, written by Vicki Ekstrom mentions that in 2005 New Mexico was the first state to require and ignition interlock devise for first DWI convictions. At the time, New Mexico ranked eighth in the nation for drunk driving fatalities. The following year, after the new legislation had been in place, New Mexico ranked 14th for the same statistic. Another national study found that ignition interlock devices reduce drunk driving by 45 to 90 percent.

I admit that it is hard to point at one particular piece of New Mexico legislation and suggest that it will save our state's public, but by the same token, it is hard to ignore the fact that this may, in some way, be working. Victims of drunk driving accidents as well as New Mexico drunk driving lawyers are aware that while a huge amount of blame should fall on the drunk driver, it is also time for the state's lawmakers to try other options. Fortunately that seems to be happening, and in the years to come, which this, as well as new legislation, New Mexico may continue to drop further down these undesirable statistics.

Albuquerque and New Mexico car accidents are often the result of drunk drivers. Not surprisingly, during the holidays these numbers spike. Often times the question is raised regarding what extra money can be recovered from an Albuquerque drunk driving car accident.

Typically, if the drunk driver has insurance it will cover medical expenses, pain and suffering, lost wages, disfigurement, etc. However, in addition to these damages, Albuquerque victims of drunk drivers often ask if they can also recover punitive damages to cover the drunk driver’s conduct. Most liability insurance policies exclude such damages leaving the possibility of going directly after the drunk driver.

However, if the injured party, or any household member living with him or her has uninsured motorist coverage then that may be usable to increase address the punitive damages.

Special New Mexico insurance rules exist regarding when you can settle with the drunk driver’s company and still use uninsured motorist coverage to recover punitive damages.

For this reason in is was to contact an experienced Albuquerque Drunk Driving Accident Lawyer to discuss your case in more detail.

Drunk driver accidents in New Mexico have consistently been a problem. However, upon closer examination, the nature of their influence has changed over time. In 1982 roughly 65% of all accidents in New Mexico, including Albuquerque, were caused by drunk drivers. Since that time there has been a fairly consistent drop in alcohol related accidents. In 2005 the percentage of accidents that were alcohol related had dropped to 39%.

Although drunk driving in New Mexico remains a social plague, its complexion has, and continues to change. The drunk driving accident fatality rate remains roughly .30% higher than the national average.