Early last week, an individual was found dead after being involved in an accident. According to Albuquerque news reports, the individual was a passenger in a car that was fleeing the police.
Evidently, the driver of a Mazda was pulled over at a traffic stop when he fled the police. The driver sped away and only made it approximately one mile before he rammed into an SUV. When police apprehended the driver, they made a gruesome discovery. A deceased individual was in the car. Police initially believed that the individual was deceased before the accident. However, an autopsy revealed that was not the case. The driver was taken into custody, and the police identified the body as his mother’s. The autopsy indicated that the woman was killed as a result of the injuries she sustained in the accident.
New Mexico State Police reported that the driver admitted to driving under the influence for most of the day. They have charged him with driving while a license is revoked, fleeing from an officer, fourth-offense DWI, and homicide by vehicle. The man has previously been arrested for driving while intoxicated and fleeing from the authorities.
Passenger Rights in New Mexico
Passengers who are injured in an accident have certain rights and remedies. In the above case, unfortunately, the passenger in the vehicle was killed because of the seemingly reckless behavior of the driver. Her family may wish to pursue a claim on her behalf.
There are several different ways a passenger can recover after being injured in an accident. They may wish to pursue a claim with the insurance company, or a negligence claim against the driver of the car they were in or the car that caused the accident.
To bring a negligence claim against the driver of the car they were in or another driver, the injured individual must be able to show that one of these parties was negligent. If both parties were negligent, a suit can be brought against both of them. New Mexico follows the comparative negligence theory of liability, meaning that the amount of fault will be divided between the two culpable parties.
At times, an issue may arise when either or both of the parties do not have auto insurance. This can lead to many complications in apportioning liability and collecting damages. It is important that you contact an attorney to discuss how to proceed if you have been injured in an accident.
Have You Been Injured In an Accident in New Mexico?
As the above case illustrates, auto accidents can be seriously devastating and can result in serious injury or death. If this has happened to you or someone you love, you may consider bringing a personal injury lawsuit against the culpable parties. You may be entitled to damages for the injuries you sustained, including compensation for your past medical bills, future medical expenses, and other payments related to your injuries. Contact one of the dedicated attorneys at the Fine Law Firm at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Family of Man Killed by New Mexico Police Office Files Suit, New Mexico Personal Injury Lawyer Blog, April 1, 2015.
Skateboarder Hit and Killed in Fatal DUI Accident in New Mexico, New Mexico Personal Injury Lawyer Blog, February 25, 2015.