April 22, 2010

Espanola Motorcycle Accident & Punitive Damages

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.

September 4, 2009

Albuquerque's New Drunk Driving Accident Crystal Ball

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.

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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.

August 31, 2009

New Mexico Drunk Driving's New Poster Boy

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.

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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.

August 25, 2009

Espanola Drunk Driving May Mean Trouble for Liquor Store

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.

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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.

August 22, 2009

New Mexico Drunk Driving Statistics - Reason to celebrate?

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.

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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.

August 10, 2009

New Mexico Motorcycle Accidents & Drunk Drivers

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.

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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.

December 8, 2008

Beware of New Mexico Holiday Car Accidents

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:

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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.

December 4, 2008

Santa Fe Lawyer Hit & Run

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.

November 20, 2008

When Insurance is Not Enough

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.

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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.

November 16, 2008

New Mexico's Career Drunk Drivers

KOB news reporter, Joe Vigil, recently covered a remarkable New Mexico drunk driving story about an Albuquerque man who has been arrested 24 times for DWI. At one point, the seasoned drunk driver would encourage his friends to go drive drunk around Albuquerque just to see if they could beat the charges. Despite his lengthy arrest record, 18 of his 24 cases were thrown out of court, and of the remaining six he would generally have to serve just 10 days in jail.

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At the close of the story, the man says that he has changed his life and is now clean and sober going on 11 years. He also states that he hopes his story will encourage others to stop drinking and driving.

Yeah, I'm going to have to say that this may not be the best story to tell New Mexico's drunk driving population. I truly don't mean to offend the drunk driver, but I'm going on record as saying this is a bad story share with those thinking of drinking and driving in Albuquerque. I believe it would likely have the opposite effect, suggesting to many that New Mexico drunk driving accidents are not taken seriously, and drunk driving violations are beatable. Worst-case scenario, if you are hit with a drunk driving charge this story would suggest that it is a mere slap on the wrist.

How about instead we focus on the "scared straight" stories, to help with the New Mexico drunk driving epidemic. Lets instead tell stories involving serious punishments for first-time offense, or life-changing mistakes involving New Mexico alcohol-related accidents.

It is certainly wonderful that a hard-core alcoholic can turn his life around, and that is a story worth applauding and being told to many people, however, I suggest leaving out all those details about how easy it is to overcome DWI charges in New Mexico.

November 13, 2008

How Far Does Employer Responsibility Go?

In August of 2003 an employee of BNSF railroad was driving near grants New Mexico when his vehicle veered into oncoming traffic killing the driver of another vehicle. Not surprisingly, the drunk driver did not have car insurance nor any substantial assets.

The New Mexico car accident attorneys that pursued the case attempted to argue that the railroad company should be responsible for their employee's conduct. The two methods of connecting an employer to an employee's negligent conduct our vicarious liability or negligent retention/hiring.

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With respect to vicarious liability, the court found that because the employee was not on the clock, and instead was on his own time, his employer was not responsible for his actions. Regarding the negligent hiring, the plaintiffs argued that because the employee had a substantial drinking problem and previous DWIs, the employer should have known that such an accident was likely to occur. Again, the court concluded that because it was not the negligent hiring or retention that was the cause of the accident, the employer could not be held responsible.

As evidenced by this New Mexico car accident case, connecting an employer to its employee's negligent conduct can oftentimes be a difficult task. Sadly, in this New Mexico drunk driving accident case, there are no winners or happy endings.