New Mexico Personal Injury Lawyer Blog

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.

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Posted In: Auto Accidents , Motorcycle Accidents , Wrongful Death

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Sadly the number of fatalities is increasing in a Roswell motorcycle accident. The accident initially resulted in two wrongful deaths, however, New Mexico media is reporting that a third accident victim recently lost his life. This particular Roswell motorcycle accident, involving three separate motorcycles has to be one of the worst New Mexico motorcycle accidents in recent history.

While early reports suggest that speed and alcohol may have played a role in the crash, this particular motorcycle accident brings up a question that our motorcycle accident lawyers hear regularly. Accident victims often want to know if anything can be done if a New Mexico wrongful death or injury is caused by a friend or family. Typically, people are hesitant to pursue legal action in these situations for fear that they will be hurting another member of the family. However, the truth is that not pursing such cases rarely results in any benefit.

While our New Mexico accident lawyers are the first to admit that no case is worth breaking apart healthy family bonds, we also remind our accident and injury clients that not all cases require a formal lawsuit to resolve. Typically, if the family member or friend has insurance, a case can be settled without the need to even file a lawsuit. Another way of looking at is is, if the insurance premiums have all been paid, the insurance company essentially has a pile of money somewhere to cover the accident victim's injury or death. The choice is whether to give that money back to the insurance company or use it to compensate the New Mexico accident victims and their families.

All cases that the New Mexico accident attorneys at the Fine Law Firm handle are controlled by the client. That means that if a client says they want to settle a case without litigation, then they are in control.

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Posted In: Motorcycle Accidents , Wrongful Death

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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 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.

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Posted In: Auto Accidents , Catastrophic Injury , Truck Accidents , Wrongful Death

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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.

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Posted In: Auto Accidents , Catastrophic Injury , Drunk Driving , New Mexico Laws , Wrongful Death

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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.

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

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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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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.

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Posted In: Auto Accidents , New Mexico Laws , Uninsured Motorist , Wrongful Death

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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.

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.

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Posted In: Catastrophic Injury , Drunk Driving , Wrongful Death

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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.

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Posted In: Auto Accidents , Catastrophic Injury , Wrongful Death

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In New Mexico wrongful death cases, there are typically two focuses to any case. First, what can be recovered in a New Mexico wrongful death claim. And second, how is a New Mexico wrongful death lawyer required to distribute any proceeds that may be recovered.

The answer to both of these New Mexico wrongful death questions are complex, and I will reserve the first topic, of what damages are recoverable in a New Mexico wrongful death case for another post. Regarding the second topic, it is an unfortunate reality of wrongful death cases that sometimes family members emerge and come out of the wood work saying how close they were to the deceased and asking if they can recover anything. Fortunately, the New Mexico legislature has spoken on this issue and written into the New Mexico Wrongful Death Act the following language:

[New Mexico wrongful death proceeds shall be] distributed as follows:
A. if there is a surviving spouse and no child, then to the spouse;
B. if there is a surviving spouse and a child or grandchild, then one-half to the surviving spouse and the remaining one-half to the children and grandchildren, the grandchildren taking by right of representation;
C. if there is no husband or wife, but a child or grandchild, then to such child and grandchild by right of representation;
D. if the deceased is a minor, childless and unmarried, then to the father and mother who shall have an equal interest in the judgment, or if either of them is dead, then to the survivor;
E. if there is no father, mother, husband, wife, child or grandchild, then to a surviving brother or sister if there are any; and
F. if there is no kindred as named in Subsections A through E of this section, then the proceeds of the judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons.

This language generally resolves most any New Mexico wrongful death claim, but, not surprisingly, there are some exceptions. Given the relatively "complex" family histories that a common these days it is wise to consult with an experience New Mexico or Albuquerque wrongful death lawyer to explore the details of any possible claim.

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Posted In: Wrongful Death

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The second New Mexico wrongful death lawsuit has recently been filed against the Rail Runner and its governing entities. Both New Mexico wrongful death incidents occurred within a month of each other in 2007, and both miles south of Albuquerque.

While the entrance of the Rail Runner train and its scheduled extension into Santa Fe are welcomed additions for the Rio Grande corridor, the arrival of the commuter train with tracks through populated areas create a new danger for Albuquerque and New Mexico residents. Albuquerque and the surrounding area do not have much recent experience with frequent train crossings and the development of two wrongful death lawsuits shortly after the train began operation highlight this lack of experience.

Hopefully as the Rail Runner continues to offer its service it will better address needed safety issues such as train crossings. It is the hope of many of Albuquerque's personal injury attorneys, that the wrongful death lawsuits filed will serve to highlight the glaring need for a safety evaluation. Typically Rail Runner commuter train operators are required to ensure that railroad crossings are appropriately marked, that tracks and mechanical systems are properly maintained, that operators are adequately trained, and that the train is properly loaded and traveling at a regulated speed.

Unless the Rail Runner resolves its safety issues, we may be in store for additional lawsuits arising from Santa Fe and the greater Albuquerque area.

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Posted In: Wrongful Death

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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.

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Posted In: Auto Accidents , Motorcycle Accidents , Uninsured Motorist , Wrongful Death

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Semi truck accidents in often result in wrongful death cases. Wrongful death and truck accident lawyers will tell you that these cases often require immediate action to preserve important pieces of evidence. These cases typically involve commercial carrier insurance policies and have limits far in excess of many basic insurance policies. It is important to select an attorney familiar with Federal Trucking Laws, and State Trucking Laws.

Failure for trucking companies to comply with multiple laws and regulations may open the possibility of punitive damages that extent beyond the available insurance limits. Wrongful death cases the result from semi truck accidents require both immediate action and thorough exploration to maximize recovery.

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Posted In: Catastrophic Injury , Truck Accidents , Wrongful Death

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