New Mexico Personal Injury Lawyer Blog

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury News , Product Liability

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Auto Accidents , Drunk Driving , Personal Injury News

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Auto Accidents , Catastrophic Injury , Drunk Driving , Personal Injury News , Wrongful Death

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury News , Truck Accidents

Bookmark:

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

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

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

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse , Personal Injury News , Personal Injury Verdicts

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

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

Bookmark:

The New Mexico Court of Appeals is receiving national attention for its recent decision regarding the “baseball rule.” The baseball rule is known to exempt professional teams from liability when bats or balls go flying into the stands. This limit on liability exists so long as the stadium has the area and immediately behind home plate fenced off.

The case arose when a New Mexico child was struck in the head by a homerun ball at Isotopes Park in Albuquerque. The parents contended that the baseball team was partially responsible for the child's serious injury and the Court of Appeals was recently tasked with deciding the matter.

I have to admit, I am somewhat mixed on the decision. As a New Mexico plaintiff’s attorney, I am all for helping New Mexico injury victims. However, as a baseball fan, I enjoy the ability to have an unobstructed view of the action and the possibility of catching a ball here or there. I can’t help but wonder if part of the New Mexico Court’s decision has to do with the fact that the injury occurred at a picnic area adjacent to the outfield wall.

Arguably, it would be more prudent to place seats that are not positioned toward the field of play in areas that are not prone to have balls falling from the air. Of note, the case is going to be appealed to the New Mexico Supreme Court where it will be determined if the “baseball rule” will be good law in New Mexico.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: New Mexico Laws , Personal Injury News

Bookmark:

In theory, jury trials are supposed to be heard before your “peers.” However, there have always been a few exceptions, jury pools tend to be based on driver’s license records or voter registration records. From there, there can be all sorts of exclusions. However, a recent bill being circulated in the state Senate allows those over 70 years old to submit a written statement to the court to get off of jury duty.

In theory, supporters of the bill suggests that it will prevent many seniors from having to find rides to the courthouse, or sit through uncomfortable and lengthy trials. They are also eager to point out that the bill does not prohibit seniors from serving on a jury, rather allows them leave to get out of jury duty.

State legislators voted in favor of the bill and it now heads to the House of Representatives for consideration. It will be interesting to see if those who can actually benefit from the bill are as eager to do so as the supporters of it.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

A Kentucky jury recently awarded $2.5 million to the victim of a hate crime beating. The victim, mistakenly believe to be an immigrant was beaten by the Ku Klux Klan. The attack left the boy, now 19, with constant nightmares and nerve damage. Although the attackers also went through the criminal system, the civil trial created a unique opportunity that was the focus of the plaintiff lawyer's goal. To obtain a high enough verdict to bankrupt the organization.

It is amazing that an organization so wrapped in violence and hatred can be brought down by the civil legal system. It is similar to Al Capone being apprehended not in the course of a heinous robbery or crime, but rather for not paying taxes on time.

The ability to connect the organizations and assets to the conduct of its numbers is similar to recognize liability principles that will hold an employer responsible for the negligent conduct of an employee. By personal injury lawyers, this is known as "respondeat superior."

Applying this unique employer/employee theory of liability against organized crime opens the door to other applications. In the right circumstances there may be possible cases against gang violence or other hate crimes.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: New Mexico Laws , Personal Injury News , Personal Injury Verdicts

Bookmark:

Anyone with children or an interest toward electronic devices is well aware of what the retail industry calls the "clamshell." It is the infuriating clear plastic packaging that takes substantial time, brute force, and sometimes spilled blood to open. Although I generally keep these packages as a nuisance, I was surprised to hear that they are the legitimate cause of injuries throughout the country.

According to the New York Times, 6000 Americans end up in the emergency room as a result of trying to open these packages. That is 6000 Americans who had to show up at school or work the next day and tell an embarrassing story of how they got their bandages. You may be asking why on earth is this posted in the New Mexico injury lawyer blog. Please understand that I have never heard of anyone pursuing legal action for such a case, and I believe that any such cases would face many difficulties.

However, what is comforting is that the retailers including Amazon.com and other toy manufacturers have heard their customers complaints and are attempting to return to the simple cardboard box to package their merchandise. From a New Mexico product liability lawyer's perspective, this story is a unique example of businesses taking it upon themselves to fix dangerous or unsafe products, or in this situation packaging.

By the same token, what is amazing about this story, is that manufacturers will bend their policies to prevent their customers from suffering aggravation and minor injuries. However, when it comes to serious harm that many products pose, manufactures and retailers are less likely to intervene. Many New Mexico product liability cases occur because a dangerous defect or condition is known, but not seen as important enough to resolve or fix. Either way, I'm just glad that there is hope that I won't spend future holidays and birthdays swearing over my workbench trying to pry open a toy horse.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

Occasionally New Mexico personal injury law and humor cross paths. A recent case in which the plaintiff sued the City of Las Vegas highlights such an intersection. The lawsuit arose when the plaintiffs toilet backed up causing sewer water to gather on the bathroom floor. There was undisputed property damage that occurred in the City of Las Vegas accepted liability.
However, in addition to claiming damage to their house, one plaintiff claimed emotional distress. Although the plaintiff made clear that the emotional distress stemmed entirely from the damage to his floor and walls, I would assume that smelling sewer water on one's bathroom floor would invoke a great deal of emotional distress. Heck, a clogged toilet at the wrong time can cause fear and anxiety. Sewer water on a bathroom floor goes a step further.

Although a jury awarded the plaintiffs $10,000 for his emotional distress claim, the New Mexico Court of Appeals clarified long-standing law that requires physical injury, defamation, or intentional misconduct prior to allowing emotional distress as a damage.

In New Mexico, negligent infliction of emotional distress is generally limited to the emotional shock that occurs when witnessing a sudden traumatic event. Typically, such triggers include shootings, car accidents, or other serious physical injuries.

On the bright side, this case finally clarifies whether smelling sewer water on one's bathroom floor is a recoverable damage in and of itself.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Auto Accidents , Motorcycle Accidents , Personal Injury News , Truck Accidents

Bookmark:

Earlier the White House dog, Barney, bit a reporter who was reaching to pet it. Aside from its comic implications, it brings up a common New Mexico dog bite scenario. The "first dog's" attack would produce some amazing pretrial discovery issues.

Does Barney have a tendency toward violence?
Did Barney live in an abusive household?
Was Barney bred for his watchdog tendencies to protect the White House?
Has Barney previously attacked any world leaders or diplomats?

Unfortunately, as New Mexico dog bite attorneys, many of the injuries we see are far more serious than Barney's encounter. To make matters worse, a high percentage of the victims tend to be children with lasting injuries and scars.

Typically, the availability of homeowners insurance is one of the more important factors in evaluating the value and likelihood of success in Albuquerque dog bite cases. In addition, attention to detail must be focused on evaluating the foreseeability of the dog attacked and any comparative fault on behalf of the dog bite victim.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

Obama will soon be president of the United States. He inherits a nation that is divided and wounded. But also one the he promises to make a better. Across the nation, we saw red fade into blue. New Mexico is now a blue state from border to border. The election results, which increased the democratic pull across America, also sound an alarm for the republican party that they need to regroup and refocus their principles.

Republican strategists have already begun recommending a new direction for their party, a return to fiscal conservatism. As a Albuquerque personal injury lawyer, I immediately wondered how any such refocusing will affect the popular talking point of "tort reform". If in fact the Republican Party is to separate itself from the religious right and reorganize itself under economic issues, it seems likely that they will attempt to piggyback tort reform as a needed change.

Although in exit polls, tort form is not popular enough of a topic that drives elections, it is a part of the common popular issues; access to health care and the economy. Under the Republican plan, both health care and the economy will be cured by implementing tort reform. Should the Republican Party abandon the divisive issues of gay marriage, abortion, and gun rights, this would seemingly allow more resources for an attack on tort reform.

Although the issues relating to tort reform have been well researched and statistical data shows that personal injury lawyers and accident attorneys are in no way ruining the economy or health care system, it is a topic that has persisted from election year to election-year. And even if tort reform is never accomplished, the brainwashing of jury pools has a far more beneficial effect for the insurance companies in the passage of any bill or measure.

If there is to be an increased attack on the legal system by the Republicans, Democrats, injury victims, and trial attorneys must prepare for what is to come. I would hope that New Mexico personal injury attorneys continue to discuss how their clients' cases are affected by politics, and that those in office waste no time in preparing for he newly engineered attack on injury and accident victims.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

A recent New York Times article addressed the age old plaintiff lawyer's dilemma, "Should I settle or should I sue." Generally this predicament boils down to an analysis of what the insurance company is offering and whether the client is likely to fair better before a jury. The article reports on a study lead by a consulting group that poured over numerous cases in which plaintiffs turned down a defendant's final offer and went to trial.

Among the study's findings; defendants were found to have done worse than the plaintiff's final offer only 24% of the time. Plaintiffs made the wrong choice 61% of the time, meaning they recovered less than what the defendants had last offered.

While it is difficult to apply such general statistics to any specific case, the article does suggest what most any experienced personal injury attorney already knows, that the jury system is becoming more and more risky.

Separate from its statistical analysis, the article also points out that an attorney's role is more than simply preparing a case for trial. Rather, an experienced attorney should provide their clients with advice to make the best decision regarding the direction of their case. Although clients may not wish to hear their lawyer advise them on the weaknesses of their case, it is nonetheless necessary.

While it is always the client's decision whether to proceed to trial, the analysis is not much different than how one would reason at a casino. The risks of proceeding may be known, but the excitement of the moment often times encourages people to risk money in the hand for a chance at more. A personal injury attorney must be able to accurately advise their clients on how to proceed, and after a decision has been made, support them thoroughly. At times this may mean preparing for settlement, or preparing for trial.

A personal injury lawyer must never allow their own aspirations to interfere with their client's logical goals. Similarly, just as at the casino, there are certainly instances, and cases, in which a lawyer must be prepared to double down and do everything physically possible to convince a jury to do what is right.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

Ask most New Mexico personal injury lawyers and they'll tell you how politicians, pandering for popular votes, target injury lawyers and threaten changes that help large corporations at the expense of injured New Mexicans. For the most part, New Mexico has dodged this national tort reform trend and fought to protect those injured by medical malpractice, slip and fall, andNew Mexicans injured by car accidents truck accidents or motorcycle accidents.
I was surprised to hear that Obama, heralded as the champion of the left, has supported in the past and continues to support forms of tort reform.
Sebastian Mallaby with the Washington Post recently wrote an article, that although referenced a, "grotesque tort system" had some nonetheless valuable reflections on the two presidential candidates. The article mentions that Obama voted in favor of the Class Action Fairness Act. Although the bill did not implement obscene limits is such cases, it did increase the Federal Court's jurisdiction, giving executive appointed judges more control over case originally in state court. Critics claim the bill makes limits access to the legal system and makes it easier to monitor and control.
The question is whether Obama voted for this bill because he believes in even broader tort reform, or this was an attempt to garner some bipartisan support. If it is the former, New Mexico may be seeing its tort reform defenses begin to weaken.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark: