Articles Posted in Aggressive Driving

Any time someone is injured in a New Mexico accident, they are entitled to file a negligence claim against any and all parties they feel were responsible for their injuries. However, before an injured party is allowed to recover for their injuries, that party must prove certain elements. One of the most often contested elements in New Mexico auto accident cases is establishing that the defendant breached the duty of care he owed to the plaintiff.

Liquor BottlesEstablishing that a defendant owed the plaintiff a duty of care is usually simple in auto accident cases, since all motorists owe those with whom they share the road a duty to safely operate their motor vehicle. However, proving that the defendant breached that duty can be more complicated, and this is where the bulk of litigation often occurs in car and truck accident cases.

In order to prove that a defendant breached a duty, the plaintiff must be able to show that the defendant’s negligent acts could foreseeably result in the harm ultimately suffered by the plaintiff. In other words, if a defendant’s actions could not foreseeably result in the harm suffered by the plaintiff, the law may not be willing to say that he breached a duty to the plaintiff.

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Although most people spend a great deal of time and energy trying to avoid accidents, sometimes getting into an accident is out of their control. In many accidents, it is quite clear who is at fault. However, many times, when multiple vehicles are involved, it can difficult to ascertain and apportion liability.
Screen Shot 2016-03-24 at 1.18.34 PMGenerally, before a party commences a personal injury lawsuit they must be able to show that a named defendant owed them a duty of care, that they breached that duty, and that the breach resulted in actual or proximate injuries. However, a problem arises when the person who caused the actual injury puts forth a defense claiming that some event occurred after the defendant’s allegedly negligent act that ultimately caused the accident. This is called an intervening cause.

The only way this defense will be viable is if the defendant’s actions were interrupted by some unforeseeable event. However, even if there is an intervening cause, the defendant may still be liable if the event was foreseeable. Further, there are two distinct types of intervening causes: dependent and independent. A dependent intervening cause is when the defendant sets a series of events in motion. The only way the defendant will avoid liability in this situation is if a response was considered “extraordinary.” On the other hand, independent intervening causes are resulting events that occur completely independently of the original action by the defendant; this is considered unforeseeable.

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A Farmington man has been indicted by a grand jury as a result of his alleged actions in an accident back in February of this year. According to local news reports, the man was involved in a road rage situation in which he hit another individual and then left the scene of the accident.

harley-day-in-arnhem-792931-m.jpgThe victim was driving on Interstate 25 when a truck driver began to tailgate him and a few other drivers on the road. The victim pulled into a parking lot near Highway 550 and got out of the vehicle. Video footage shows the truck driver following the driver into the parking lot and then slamming right into the victim and speeding away. Unfortunately, the victim suffered serious injuries, including a fractured pelvis, internal bleeding, broken ribs, and punctured lungs. The man is still in serious condition.

Video footage from the parking lot led to several leads, and luckily the truck driver was eventually apprehended. The truck driver was charged with criminal damage to property, aggravated battery with a deadly weapon, leaving the scene of an accident, and aggravated assault. The truck driver was arraigned and ordered by the judge not to leave the state.
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