New Mexico Personal Injury Lawyer Blog

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

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

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Posted In: Government Liability

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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.

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Posted In: Auto Accidents , Government Liability , Wrongful Death

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New Mexico police pursuit accidents are not the most common type of accidents, but when they occur, often result in serious or even fatal injuries. Typically, the basis of these injury cases involve claims that local authorities did not properly handle a police pursuit and instead, jeopardized the safety of New Mexico public.

News arising out of Iowa seems to reflect good judgment by pursuing officers during a motorcycle chase. A motorcyclist first drew the attention of police by speeding at 90 mph through a construction zone. When officers attempted to pull the motorcyclist over, he increased his speed to a whopping 188 mph. The moron motorcyclist exhibited a sliver of intelligence when he slowed to 158 mph to pass other vehicles.

When the chase entered more populated areas, the police balanced apprehending the suspect and charging him with driving offenses, with the overall safety of the public. This balancing test resulted in the police falling back in following the suspect by air surveillance. When the motorcyclist pulled into a parking garage, the police surrounded the area and arrested him.

While no one can condone the motorcyclist’s driving, the police must be applauded for calling off the chase and preventing what would likely have been a horrific motorcycle accident. In the event that all police officers acted with such judgment and discretion, there would likely not be nearly as many New Mexico police pursuit accidents.

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Posted In: Government Liability , Motorcycle Accidents , Personal Injury News

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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.

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Posted In: Auto Accidents , Government Liability

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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.

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Posted In: Auto Accidents , Government Liability

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Three members of the Raton Police Department were recently indicted on charges of involuntary manslaughter. The charges arose from a November 2007 incident in which the three officers were attempting to subdue a suspect. The officers began the ordeal by firing Tasers at the suspect then, placed him face down a police car with his legs shackled and a police officer sitting on his back. The unorthodox restraint technique, in addition to the drugs and the suspect's system resulted in an impaired breathing and ultimately, his death.

New Mexico police misconduct cases, such as the one actionable by the deceased subject's estate, are often times difficult to prove. Generally, contrary to popular belief, the success of a New Mexico police misconduct case is based not on the conduct of the police officers, but rather whether it was justifiable based on the conduct of the suspect. For example, there is no prohibition on using lethal force by police officers however, it is crucial that such force, when used be justifiable and proportionate to the harm that the suspect may pose. Similarly, any such conduct by police officers, whether it be Tasering, or physical restraint, must be necessary and in relation to the misconduct by the suspect.

For this reason, the success of a New Mexico medical malpractice case often depends on being able to prove that the officer's conduct was not justified. Ideally, this can be accomplished through testimony and evidence other than from the plaintiff or his or her friends or family. Often times, this evidence is best when it comes from an independent, unbiased witness, or, better yet, a dashboard camera or other indisputable physical evidence.

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Posted In: Government Liability , Wrongful Death

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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.

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Posted In: Auto Accidents , Government Liability , Wrongful Death

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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.

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Posted In: Auto Accidents , Government Liability , New Mexico Laws

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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.

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Posted In: Auto Accidents , Government Liability , Motorcycle Accidents

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Generally when people are injured through the negligence of any government entity, they do not need to worry if there is enough insurance. However in certain situations, the government may not be responsible for the full value of someone’s injury.

The New Mexico state Legislature has imposed a limit on the amount of money that any branch of government would have to pay an injured victim. Only $300,000 can ever be awarded to cover medical expenses, and only $400,000 can cover the value of the injury itself including pain and suffering, lost wages, disfigurement, loss of enjoyment of life, etc. This means that, in New Mexico, somebody can die as a result of the New Mexico government’s gross negligence and still only recover $400,000. Throughout the legal community this is known as a cap, meaning that the New Mexico government’s exposure to pay somebody for their injury is capped at $400,000 for the injury itself.

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Posted In: Government Liability , Slip & Fall

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