New Mexico Personal Injury Lawyer Blog

The Supreme Court of New Mexico has reversed a lower court’s holding that the New Mexico Department of Transportation (DOT) is immune as a matter of law from being sued for negligently failing to remedy a purportedly dangerous road condition. In Martinez v. N.M. Dep’t of Transp., the family of a couple who was killed in a 2004 head-on traffic accident on NM 502 near Los Alamos filed a wrongful death lawsuit against the DOT claiming the agency committed negligence when it failed to construct a barrier between oncoming traffic near mile marker 9. In the 1980s, a concrete barrier was reportedly installed on other stretches of the roadway in order to keep similar accidents from occurring but one was not installed where the fatal collision occurred.

Prior to trial, the DOT filed a motion for summary judgment claiming the agency was not responsible for the crash pursuant to the New Mexico Tort Claims Act. According to the DOT, the decision to install a two-way turn lane instead of a barrier despite that there were reportedly no intersecting roads onto which traffic could turn was a design decision that provided the agency with immunity under the Act. At trial, the victims’ family was not permitted to introduce evidence regarding a number of other accidents that occurred at the same location or the numerous citizen complaints that were filed with the DOT regarding the allegedly unsafe roadway. After a jury returned a verdict in favor of the DOT, a New Mexico Court of Appeals affirmed the verdict. The victims’ family then appealed the case to the Supreme Court of New Mexico.

New Mexico’s high court stated that although the DOT was initially granted immunity related to barrier placement on NM 502, notice regarding a dangerous condition could trigger a maintenance issue that the agency may be held responsible for. The court continued by stating the safety of New Mexico motorists would be thwarted by providing the agency with perpetual design immunity. The court also said whether the DOT had sufficient notice of the allegedly dangerous road condition to trigger the maintenance exception to design immunity was a question for a jury. Finally, the Supreme Court of New Mexico reversed and remanded the case for a new trial.

Sadly, motorists and passengers are killed on highways and other roads located throughout New Mexico each day. Although traffic wrecks may be caused by impaired, careless, or simply distracted drivers, they may also result from hazardous or poorly maintained roadways. Car accident victims may be eligible to receive compensation for their medical bills, lost wages, pain, suffering, and any disability that resulted from the wreck. Additionally, those who lost a close relative in a New Mexico traffic crash may be able to collect damages for loss of support and funeral expenses. If your beloved family member was killed in an automobile collision, you should contact a qualified wrongful death attorney.

Continue reading "New Mexico Supreme Court Orders New Trial in Wrongful Death Case " »

New Mexico State University basketball player Emery D. Coleman II was recently charged with third-degree felony homicide using a motor vehicle in connection with the January 2012 traffic death of 85-year-old Clarence G. Boulanger in Alamogordo. According to the Alamogordo Department of Public Safety (ADPS), Coleman was texting behind the wheel at the time of the fatal crash. The 19-year-old was released on an unsecured $5,000 bond until his preliminary hearing is held at the end of January.

According to ADPS Captain Israel Trujillo, Coleman was charged more than one year after the crash in large part due to the amount of time it took to get an accident reconstruction team from the New Mexico State Police in Santa Fe to investigate the collision. Additional time was also reportedly required for the reconstruction team to complete and file an accident report. A Spokesperson for the New Mexico State Police, Lieutenant Robert E. McDonald stated it is not uncommon for investigations to take several weeks. In the Coleman case, an accident reconstruction team was allegedly unavailable for more than six months.

ADPS Detective Dusty L. Collins said the reconstruction team determined that Coleman was headed south on White Sands Boulevard in a Dodge pick-up truck when he struck the driver’s side of Boulanger’s Chevrolet sedan as the elderly man crossed the roadway at a traffic light. Coleman allegedly told investigators that he was not speeding and his attempt to stop at the traffic light was unsuccessful.

Traffic wrecks are one of the leading causes of personal injury claims filed in the State of New Mexico every year. An accident can result whenever a distracted, impaired, inattentive, or reckless motorist travels on the roadways in our state. Automobile collisions may also result from hazardous road conditions, medical emergencies, motor vehicle defects, and a wide variety of other factors. The victim in a New Mexico car accident may be eligible to receive compensation for pain and suffering, medical expenses, lost wages and benefits, disability, and more. In addition, the personal representative of someone who died in a traffic wreck may be entitled to recover damages pursuant to the New Mexico Wrongful Death Act. Contact a skilled attorney to discuss your rights in greater detail.

Continue reading "New Mexico State University Basketball Player Charged in Connection With Fatal Alamogordo Traffic Accident " »

A Santa Fe elementary school teacher was recently killed in what began as a one-car accident on Interstate 25 near La Cienega. 54-year-old Dorothy Mullins was reportedly returning home from transporting school supplies, toys, and other items to Juárez, Mexico as part of a holiday collection campaign when she lost control of her vehicle. According to New Mexico State Police Lieutenant Robert McDonald, Mullins was headed north on the freeway when she slid off of the roadway and hit a barrier wall. Following the initial impact, her automobile allegedly rolled back onto the interstate before coming to rest in the middle of the two northbound lanes. McDonald stated the driver of a Chevrolet pick-up truck was unable to stop and struck Mullins’ disabled vehicle. Sadly, Mullins was pronounced dead at the scene of the crash.

Although the accident is currently under investigation by police, McDonald said alcohol was not a suspected factor in the fatal collision. The crash was reportedly one of many in the area that resulted from inclement weather.

Unfortunately, single-vehicle and other crashes occur regularly on the interstates and other roadways in our state. In 2011, 353 people died in traffic accidents throughout the State of New Mexico. Of those, 240 people were killed in a single-car crash. This means about two-thirds of drivers and passengers killed in New Mexico car accidents died as a result of a single-vehicle collision. Dangerous road conditions, vehicle defects, swerving to avoid a negligent driver, and weather frequently cause such accidents.

In certain cases, the family members of someone who was killed in a single-car or other crash may be eligible to file a wrongful death lawsuit against a car manufacturer, a town or city, another driver, and others who may have caused the tragic loss. Although no amount of money can make up for the pain associated with losing your loved one, you may be entitled to receive compensation for your relative’s lost earning capacity, any pain and suffering that occurred prior to his or her death, medical bills, funeral expenses, and more. If you lost a close relative in a single-vehicle or other New Mexico car accident, you should contact a hardworking personal injury lawyer.

Continue reading "Santa Fe Teacher Killed in Accident on I-25 Near La Cienega " »

In September, a tragic accident on Interstate 40 near Gallup left two roadway construction workers dead and another injured. According to New Mexico State Police, five Valley Fence Company employees were installing a post and cable barrier in the median of the roadway when a westbound recreational vehicle (RV) driven by 67-year-old Lee McCray of Owensville, Indiana unexpectedly swerved into the median and struck three of the men. Sadly, 20-year-old Johan Marioni was pronounced dead at the scene of the accident. 56-year-old Hermelindo Autunez was reportedly pinned between the RV and a work truck parked in the median. He died at a local area hospital about five hours later. A fence company foreman, 36-year-old Pedro Moreno, was treated for broken ribs after he was allegedly struck by a side mirror attached to the RV.

According to State Police, it does not appear that alcohol played a role in the crash. Although the exact cause of the fatal incident was not clear, police stated McCray appeared to have suffered a medical emergency immediately prior to striking the three men. Despite that McCray did not suffer any injuries as a result of the collision, he was purportedly transported to a Gallup hospital for a series of tests. The accident is currently under investigation by the nation’s Occupational Safety and Health Administration.

Ironically, the fence that was being installed by the workers killed was part of a New Mexico Department of Transportation (NMDOT) safety project designed to prevent vehicles from entering the median of the freeway. A NMDOT spokesperson, Melissa Dosher, stated agency employees were in the process of placing warning signs along the roadway and closing the lane the RV was traveling in at the time of the wreck.

Car accidents are one of the leading causes of personal injury claims filed in New Mexico every year. A crash can easily result whenever a distracted, inattentive, impaired, or reckless motorist travels on the roadways throughout our state. In addition, automobile collisions may result from hazardous road conditions, motor vehicle defects, medical emergencies, and any number of other factors. The victim of an accident with a vehicle may be entitled to receive compensation for pain and suffering, medical costs, lost wages and benefits, and more. The personal representative of someone who was killed in such an accident may be entitled to recover additional compensation pursuant to the New Mexico Wrongful Death Act. A skilled wrongful death attorney can explain your rights in greater detail.

Continue reading "Two Roadway Construction Workers Killed, One Hurt When Struck by RV Near Gallup " »

One woman was killed and five others were hurt in a recent crash on Interstate 25 near Santo Domingo Pueblo. According to Sandoval County Sheriff’s Office Lieutenant Keith Elder, the accident occurred when a southbound automobile struck the back of a U-Haul trailer that was being pulled by a pick-up truck. The impact reportedly caused the truck to roll. As a result of the collision, three passengers, including 51-year-old Susan Kratt, were ejected. Kratt reportedly died as a result of the injuries she sustained in the accident.

Following the crash, emergency responders transported the 23-year-old driver of the car, Miles Martinez, to Christus St. Vincent Regional Medical Center in Santa Fe via emergency helicopter. Rescue crews purportedly took the driver of the truck, 50-year-old Karl Kratt, and two other passengers, 52-year-old Antoinette Burns and 13-year-old Alissa Touart, to the University of New Mexico Hospital in Albuquerque by ambulance. Another passenger in the truck, 48-year-old Roy Burns, was also airlifted to the same hospital.

The exact cause of the fatal collision is currently under investigation. Although it is reportedly unclear what caused Martinez to lose control of his vehicle, Elder stated police do not believe alcohol played a role in the incident. Police are also reportedly uncertain how many truck occupants were wearing safety belts when the crash occurred.

Every year, car accidents are one of the leading causes of personal injury and death in New Mexico. Unfortunately, an unexpected automobile crash with a careless, negligent, or inattentive driver can occur at any time. Too often, car accident victims are left with catastrophic or disabling injuries. Anyone who was hurt due to another driver’s negligence on a New Mexico roadway may be eligible to collect compensation for their medical bills, lost wages, any resulting disability, pain and suffering, and other damages. If your loved one was killed in a car crash, you may also be eligible to recover for his or her wrongful death. A skilled New Mexico car accident attorney can explain your rights and help you file your case.

Continue reading "One Killed, Five Injured When Car Rear-Ends Moving Trailer on I-25 Near Santo Domingo Pueblo " »

The mother of a man who hanged himself two years ago has filed a New Mexico wrongful death lawsuit against two Santa Fe mental health professionals who reportedly cared for him prior to his death. According to his mother’s lawsuit, 24-year-old Dylan Ravenfox sought treatment from psychiatrist Dr. George Greer and licensed psychologist Robert Weisz for depression and suicidal thoughts in July 2010. Dylan committed suicide on August 7, 2010.

Pleadings filed by Caroline Ravenfox in a New Mexico District Court allege her son Dylan visited with Weisz five times in the month immediately preceding his death. Caroline claims she alerted Weisz that she was worried about her son’s well-being and that Dylan had placed a belt around his neck at one point. According to Caroline, Weisz told her he was unaware Dylan was suicidal. In her lawsuit, Caroline alleges Weisz ignored signs that Dylan’s mental health was quickly deteriorating and made no attempt to intervene or treat the young man. She also alleges the psychologist breached his duty of care by failing to refer Dylan for additional mental health treatment.

The lawsuit also alleges Dr. Greer committed medical negligence by failing to schedule a follow-up appointment with Dylan within an appropriate time-frame. Dr. Greer reportedly prescribed a number of anti-depressants and other drugs to Dylan and only increased the dosage after the young man allegedly told the psychiatrist he was thinking of jumping off of a bridge. According to Caroline, Dr. Greer should have visited with Dylan more frequently and erroneously stated the young man’s mental state had improved considerably prior to his suicide.

In the lawsuit, Caroline has asked the New Mexico court to award her unspecified damages. According to Dylan’s mother, the two mental health professionals failed to notice a number of signs that her son was likely to take his own life and failed to properly treat him.

Medical malpractice can result whenever a health care provider in New Mexico does not adhere to a reasonable standard of care and a patient is hurt. Unfortunately, medical malpractice cases in our state can be tough to prove. Whether your medical provider is a member of the New Mexico Patient Compensation Fund can also have an effect your ability to recover for medical malpractice. If you were hurt by a doctor, nurse, pharmacist, dentist, or another individual who was tasked with providing your health care, you should contact an experienced New Mexico medical malpractice lawyer as soon as you are able.

Continue reading "Wrongful Death Case Filed Against Two Santa Fe Mental Health Professionals " »

Last week, the Sandoval County Fire Chief was killed in a motor vehicle crash on Interstate 25 near Bernalillo while on his way to work. 59-year-old John Tibbetts was on duty and driving a county-issued sport utility vehicle (SUV) in a northbound lane of the roadway when the accident occurred. According to New Mexico State Police, a Cadillac SUV driven by 22-year-old Armando Saenz struck the median in front of Tibbetts and careened back into traffic. The Cadillac reportedly then hit the SUV Tibbetts was traveling in. Tibbetts’ SUV proceeded to flip over the concrete median and came to a stop in one of the southbound lanes of the Interstate. Despite that he was wearing a seat-belt at the time of the crash, the Fire Chief was pronounced dead at the scene. Saenz was reportedly transported by emergency responders to Presbyterian Hospital in Albuquerque for treatment of undisclosed injuries.

A Sandoval County Fire Department ambulance was reportedly the first to respond to the unfortunate accident. Although the cause of the crash is currently under investigation, it is unclear what caused Saenz to strike the median. According to State Police spokesperson Lt. Robert McDonald, alcohol was not a suspected factor in the collision.

Unfortunately, many people are killed in auto accidents on New Mexico roadways every year. Motor vehicle crashes can be caused by many factors such as driver intoxication or inattention, reckless driving, hazardous road conditions, and automobile defects. Individuals who are injured by a reckless, negligent, or careless driver in a New Mexico automobile collision may be eligible to receive compensation for their medical expenses, lost wages and benefits, pain and suffering, and any temporary or permanent disability caused by the crash. Those who have lost a family member in a tragic car accident may also be able to recover for loss of support and funeral expenses. Because the amount of time you have to file a personal injury or wrongful death claim is limited, you should speak with an attorney as soon as possible following any accident or a loved one's unexpected death.

Continue reading "Sandoval County Fire Chief Killed in Accident on I-25 Near Bernalillo " »

Last week, an unidentified woman was struck by an 18-wheeler and killed on Interstate 10 near Deming. According to the New Mexico State Police, an emergency call came in around 1:30 am on June 18th. The caller reportedly stated a pedestrian was hit by an eastbound semi-truck on I-10 near Exit 81. The first responding officer discovered a deceased woman in the roadway.

The semi-truck driver, 51-year-old Kelly Swafford, was reportedly unaware he struck anyone. He stated that he thought his truck blew a tire, and pulled off of the road in order to inspect the damage. After he saw the front of the truck was damaged and found a boot and another personal item wedged into the truck’s grill, Swafford notified law enforcement officers that he believed he hit someone. Swafford allegedly told a representative from the New Mexico State Police that he was eating chips at the time of the accident and may not have had his eyes on the road at the time of the impact. A report filed by the Luna County Sheriff's Office, who helped provide traffic control following the crash, stated the boot stuck in Swafford’s truck matched a boot found near Exit 81. According to the New Mexico State Patrol, the accident is currently under investigation and the driver of the 18-wheeler was not detained.

It is common to see semi-trucks on roadways throughout New Mexico. 18-wheelers are an especially familiar feature of the landscape as you approach Interstates 10, 25, and 40. Too often, these big rigs cause accidents that can leave victims with serious or fatal injuries. Every year, more than 2,000 collisions involving 18-wheelers occur in New Mexico. Big rig accidents are caused by a number of factors including driver fatigue, excessive load weights, defective brakes, and impaired driving. Unfortunately, one of the most common causes for such accidents is an inattentive driver, as was apparently the case here.

Truck accident victims may be eligible to receive financial compensation for their pain, suffering, lost wages, disability, and medical expenses. The close relatives of someone killed by a semi-truck driver may also be eligible to recover funeral expenses and other damages. Although the victim in a New Mexico truck accident has up to three years to file a case, it is important to speak with a qualified attorney as soon as possible in order to protect your legal rights.

A wrongful death case involves a fatality caused by the negligence or inattentiveness of another person. In New Mexico, a case for wrongful death must be brought by a representative of the plaintiff’s estate. Because of this, choosing a personal representative is often the first step in proceeding with a wrongful death case. If you lost a family member in an accident caused by someone else, an experienced Albuquerque wrongful death lawyer can discuss the process for filing your claim with you in more detail.

Continue reading "Pedestrian Killed by 18-Wheeler on I-10 Near Deming " »

Two people died Tuesday morning after the vehicle they were traveling in rolled in a single-car crash on Interstate 25 between Hatch and Las Cruces, New Mexico. A sport utility vehicle carrying a group of relatives was traveling southbound on the way to Chihuahua, Mexico when it reportedly blew a tire and left the roadway. Four of the six passengers traveling in the SUV were ejected from the vehicle. One man, 50-year-old Daniel Chavez, was pronounced dead at the scene of the accident. Another passenger, Elsa Hernandez of Albuquerque, later died as a result of her injuries. Emergency responders transported the four survivors to University Medical Center in El Paso. At least two of the survivors were taken to the hospital via medical helicopter. According to New Mexico State Police, none of the vehicle’s passengers was wearing a seat belt at the time of the crash.

Tragically, people are killed in motor vehicle accidents while traveling on New Mexico roads each and every day. Crashes may be caused by any number of factors including driver inattention, drunken or reckless driving, hazardous road conditions, or automobile defects. Those hurt in a car accident may be eligible to receive compensation for their medical bills, lost wages, pain, suffering, and any disability that resulted from the crash. Additionally, those who lose a close relative in a New Mexico auto accident may be able to collect damages for loss of support and funeral expenses. If you lost a beloved family member in a car crash, a qualified Albuquerque wrongful death attorney can answer any questions you may have.

In some cases, a defective product such as a tire or vehicle may cause someone to become injured. Products are generally defective when they are poorly or negligently designed, manufactured, or tested and someone is injured as a result. A design defect can occur if someone is injured by a product such as a sport utility vehicle even where it was manufactured according to specifications. Additionally, a manufacturing defect may occur where an individual is hurt as a result of errors made during the manufacturing process. If you were the victim in a New Mexico product liability case, you may have the right to receive compensation for your injuries from the manufacturer or the distributor of the faulty product.

Continue reading "Two Killed, Four Injured in I-25 Rollover Crash Near Hatch " »

On December 4, 209 Rodrick Jones was shot in the back by an APD officer who was subsequently fired by APD as a result of his conduct involving the shooting.

Police shooting attorneys representing the family, Joe Fine and Brad Goodwin, pointed out that APD’s suggestion that Rodrick Jones was involved in a robbery was not supported by the fact that his fingerprints were not at the residence; there was an absence of stolen property in his possession; and Mr. Jones was in possession of any burglary tools. Rodrick Jones was a forty-two year old father of seven, a former US Air Force Security Officer and a security guard at Kirtland Air Force Base.

The $950,000.00 settlement is, to the family, recognition that APD made a serious mistake and that APD will attempt to improve its practices and procedures regarding the use of deadly force.

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 March 24, 2011, at 7:30 p.m., a car with five occupants was speeding down an Albuquerque on-ramp to southbound Interstate 25.  When the car reached the end of the ramp, the driver lost control.

The car veered across the southbound lanes.  A southbound van clipped the rear of the car.  The car went into a spin.  Two passengers were ejected, one landing in the northbound lanes.  Both died at the scene.  Two other passengers sustained minor injuries.  The three occupants in the van were not seriously injured. 

The police noted that excessive speed and influence of alcohol were factors in the accident.  The driver of the car had been convicted of DWI in 2008.  The driver was treated at the hospital for a possible head injury.  A test of her blood revealed a blood-alcohol concentration of .23. 

A New Mexico car accident lawyer could file claims for wrongful death damages against the driver of the car from which the decedents were ejected.  If the driver’s liability insurance is not adequate to cover the wrongful death compensation claims, the accident attorney would look to other sources of recovery.

If the decedents were “insureds” under their own auto policies, there could be a recovery under the “underinsured” provisions of the policies.  There is also the possibility that a decedent was an “insured” under an auto policy owned by a household member.

The results of the blood test indicate that the driver was highly intoxicated at the time of the accident.  A New Mexico car accident lawyer would investigate the possibility of New Mexico wrongful death claims under New Mexico’s dramshop law.  If the driver was served alcohol when she was impaired, dramshop liability could apply. 

If a bar or a retail store supplied the driver with alcohol when she was intoxicated, the alcohol provider could be liable for its proportionate share of wrongful death damages.  Under New Mexico law, liability can be imposed if the intoxication was a substantial cause of the fatal accident.

A recent Carlsbad semi truck accident seems to belong in Hollywood rather than the streets of New Mexico. The tanker truck accident occurred on State Road 128 (Jal Highway) when two semi trucks collided head on. Both trucks were tanker trucks and believed to be carrying full loads. The head-on accident has claimed the life of one Carlsbad resident, and resulted in critical injuries to an El Paso man.

As is true with all New Mexico semi truck accidents, one of the most common problems that arrise is the need to preserve crucial evidence such as black boxes and data records before they are wiped clean. Sadly, many accident victims and their mourning families overlook these pressing needs and occasionally experience a weaker case as a result.

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.