car accident

Lubbock Fatal Crash: Who is Liable in Single Car Crashes in New Mexico

- Mark Caruso

A Lubbock Teenager Was Killed in a Single Car Crash in New Mexico: Who is Liable in These Types of Accidents?

News sources are reporting that a Lubbock, Texas teenager has been killed in a one car crash on US Highway 62/180.  The crash occurred about 26 miles away from Hobbs, New Mexico.  The vehicle was traveling west.  The victim was a 14-year old in the front, passenger seat.  She was not wearing her seatbelt.  The vehicle left the roadway and rolled over.  The victim was ejected from the vehicle and sustained serious personal injuries that resulted in her death.  She died at the scene.  Other occupants were taken to the hospital for treatment.

New Mexico crashes like this are horrible and destroy families.  Here at the Caruso Law Offices, P.C., our New Mexico car accident attorneys handle many fatal accidents involving minors, on the highway, and single car vehicles.  We have also represented many victims who live in other states but were injured or killed in New Mexico.  If you or someone you love has had a similar accident, call us today for a FREE consultation to learn your rights to compensation by dialing (505) 883-5000.

Liability in Single Car Crashes

In a New Mexico single car crash there could be several people at fault.  Generally, a passenger in a single car crash is rarely if ever at fault.  Only where there is evidence that the passenger affirmatively caused the crash can the passenger be at fault.  Thus, when a passenger is injured or killed in a single car crash, the passenger likely has a claim against the driver.

Indeed, the driver of the single car will likely be the liable party.  Standard negligence claims may apply, such as distracted driving, drunk driving, drugged driving, falling asleep at the wheel, and excessive speed.

When a driver of a single car crash kills a passenger that driver will be subjected to a wrongful death lawsuit.  Unfortunately, the driver and passenger usually have some relationship such as family, friends, or co-workers.  This makes a wrongful death lawsuit difficult for parties to bring against the driver, but it is very necessary to ensure the family of the victim gets the compensation for the victim’s loss of services, financial support, and pain and suffering.

Car Accidents In New Mexico from Out-of-State Victims

In the news report, the victim was from Lubbock, Texas but the car accident occurred in New Mexico.  There is something known as “conflict of laws” and long arm jurisdiction, or the ability of the court’s in a certain location to hear a case.  This is generally known as jurisdiction.

When the victim is from out-of-state and is injured in New Mexico in a negligence case, a New Mexico court will very likely have jurisdiction.  This means that the victim can bring his or her case in New Mexico because the courts can hear that type of case.

Our experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. have handled many motor vehicle crashes involving victims out of state.  The most common are from trucking accidents involving truckers in Ontario, California and Upland, California.  This is where many truck drivers are from and can result in trucking crashes in New Mexico.  Anytime a victim from out of state is injured in New Mexico, especially in the sad result of a wrongful death, victims should always call a New Mexico attorney first such as us to learn their rights.

Lubbock Texas Victims Should Call the Caruso Law Offices, P.C. for Legal Representation in Single Car Accidents

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico Interstate Car Accidents Caused by Unsafe Lane Changes

- Mark Caruso

Unsafe Lane Changes Can Result in Deadly New Mexico Interstate Car Accidents

Driving on an interstate or fast-moving highway is a challenge for even the most experienced of drivers.  This is particularly true of New Mexico’s interstates such as I-40, I-25, and I-10 because many commercial trucking companies use these roads to transport goods from east to west and north to south.  This means that large commercial trucks such as semis, tandem trailers, tankers, flatbeds, big rigs, 18-wheelers, and other trucks are merging on and off the highways and changing lanes frequently.  Around some of the busier cities such as Albuquerque, New Mexico and Las Cruces, New Mexico which have more passenger cars on the roads, this can become particularly dangerous or deadly stretches of road due to the congestion of other vehicles on the roads.

If you or a loved one have been serious injured or killed in a New Mexico car crash caused by an improper lane change, contact the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. for a FREE consultation by dialing (505) 883-5000.  We have represented many victims of motor vehicle accidents occurring on the interstates in New Mexico, including passengers, infants, and even other truck drivers such as those in Ontario, California, traveling through New Mexico.  Call us today to learn how we can protect your rights to compensation.  There is no risk, and you will only pay us if we win your case.  To find out more, contact us today!

Interstate New Mexico Car Crashes Caused by an Improper Lane Change is Negligent

The violation of a statute which causes harm to a protected class is known as negligence per se.  It is an automatic finding of negligence by the very happening of the event.  Under New Mexico Law, NM Stat. 66-7-317 (a) provides that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

This means if a driver moves from his or her lane and into yours and collides with your vehicle, that driver will be liable for your injuries because he or she will automatically be found negligent as a matter of law.  This is a very important principle to be aware of and to know, as it can be used to prove your case.

If the defendant is a truck driver in your interstate trucking accident, you will be able to commence an action against the truck driver and against the trucking company.  This is important because it gives you avenues on where to seek compensation and how to obtain your rights to compensation.

Unsafe Lane Changes Can Cause Deadly New Mexico Car Crashes on the Interstate 

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Pelvic Fractures Caused by Albuquerque Motor Vehicle Accidents

- Mark Caruso

Serious Motor Vehicle Accidents Can Cause Serious Pelvic Fracture

One of the most serious types of fractures that a person can sustain is of the pelvis.  This is because the pelvis is very strong and sturdy, and it takes a lot of force to fracture the pelvis.  When the pelvis is fractured, it is often very dangerous because there are a lot of very vital structures running through that area, including major blood vessels, organs, and nerves.  Pelvic fractures may also cause extensive bleeding which must be quickly treated.

This is why a motor vehicle accident is one of the most common causes of a pelvic fracture, more than slip and falls or disease conditions.  The most common type of motor vehicle accident causing a pelvic fracture is a trucking accident, such as with a semi trailer, tandem truck,  big rig, 18-wheeler, tanker, and other large commercial truck.  This is because these types of trucks have a lot of weight and speed which means they have a lot of force and momentum.

Anatomy of the Pelvis

The pelvis is not made up of a lot of bones, but all of these bones are rather sturdy and rather important.  The sacrum is the triangular-shaped bone at the base of the spine which makes up the center of the pelvis.  The coccyx or tailbone is the very bottom of the sacrum.

Then there are the hip bones, which are the illium (the wings of the hips), ischium (ringed-shape bone at the bottom of the pelvis), and the pubis (narrow segment of bone between the ilium and ischium in the center of the pelvis near the base of the coccyx).  The three hip bones form a “cup,” known as the acetabulum socket, which is where the femur or leg bone connect.

Types of Pelvis Fractures Caused by Albuquerque Motor Vehicle Accidents

There are two general types of fractures of the pelvis.  These are a stable fracture and an unstable fracture.  A stable fracture is where there is just one break, the fractured ends line up, and the bones are not really shifting or moving.

An unstable fracture is whether there are two or more breaks, the fractured ends of the bones do not line up, and the bones may shift or move.  An unstable fracture is very common in high-speed collisions, particularly interstate collisions on Interstate 10, Interstate 25, and Interstate 40.  These types of collisions are frequently caused by trucking collisions.

Types of Stable Fractures

There are three main types of stable pelvic fractures which could be caused by a motor vehicle accident.  The first is where the iliac wing (the hip bone) is fractured.  This is the large bone that flares out to the sides of the spine at the hip.  The second is a sacrum fracture, which is the base of the spine.  The third is a pubic rim fracture, which is the ring-shaped bone at the bottom of the hip that breaks.

Types of Unstable Fractures

There are also three main types of unstable pelvic fractures which could be caused by a motor vehicle accident, but are most likely in a trucking crash.  The first is an anterior-posterior compression fracture which is where the iliac wing (shaped hip bone) and where the pubis bones on the left and right side meet in the middle.

The second type is a lateral compression fracture.  This type of fracture is very common in serious motor vehicle accident because the pelvis is struck and crushed inward.  The iliac wing, pubic, and ischium usually all break and curl towards the center of the body.  Think of a side-impact collision like a t-bone which hits an occupant and pushes all the bones inwards.

The third type is a vertical shear fracture.  This is another common type of fracture caused by a car accident.  This is where one half of the pelvis is pushed upwards and the base of the iliac wing, pubis, and ischium all fracture at or near the midpoint.   These types of fractures are also common in serious motor vehicle crashes where the metal of the car is very serious jolted and mangled, popping the occupant up in his or her seat even though there is a seatbelt on.

If You Have a Pelvis Fracture Caused by an Albuquerque Car Accident or Albuquerque Trucking Accident, Call our Experienced Attorneys Today to Learn How We Can Protect Your Rights to Compensation!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Truck Crash Statistics to Know: Albuquerque Trucking Accident Attorney Shares Scary Stats!

- Mark Caruso

Shocking Trucking Accident Statistics You Must Know and Share with Loved Ones

The Insurance Institute for Highway Safety, Highway Loss Data Institute just released horrifying and shocking statistics regarding trucking accidents.  Here at the Caruso Law Offices, P.C., we know how dangerous trucking accidents can be but most of our clients are surprised when they are involved in one.  Our experienced Albuquerque trucking accident attorneys have handled many trucking crash cases, even simple bumper taps, which have resulted in permanent and life-threatening injuries.  Unfortunately, many people have also been killed in these types of truck crashes.

Here are some findings from the study and comments from our law office:

Most deaths in large truck crashes are the occupants of passenger vehicles.  It seems like almost every trucking accident case involves a family in a passenger car being serious injured or killed while a truck driver walks away with minor injuries, if any.  According to the statistics, 69% of the people killed in a truck crash were the occupants of other vehicles—not the large truck.  There were 3,852 fatalities in trucking crashes, which equates to 10.5 people killed each day.

This is because commercial trucks such as big rigs, 18 wheelers, tankers, flatbeds, tandem trailers, semi trucks, and other large trucks tower over smaller passenger cars placing the truck driver higher up and out of danger, but lining up the passenger occupants with the large tires or engine block.  Large trucks also have significant momentum due to their large size and heavy weight, which sends powerful shockwaves through passenger vehicles causing serious injuries.  Simply put, the occupants of the passenger vehicle are more vulnerable.

Truck braking capacity can be a factor in causing truck crashes.  Given their large size and heavy weight, large commercial trucks can take 20 to 40 percent farther than other vehicles to come to a stop.  This distance is magnified on fast roads such as interstates I-40, I-25, and I-10 going through New Mexico, or during dust storms or on wet roads.  If a truck’s brakes are poorly maintained, they can cause even longer stopping distances.  Rear end truck crashes can easily result in the wrongful death of an innocent person.

Truck driver fatigues is a known crash risk, and a serious contributing factor.  Even though federal regulations have hours of services requirements, many trucking companies and truck drivers push the limits and even forge their service logs.  Many drivers use caffeine supplements or even illegal drugs to help them stay away while driving, which can obviously add to the risk.

If You or a Loved One Are Seriously Injured in an Albuquerque Trucking Accident, Call us Today!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico truck accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico Cities with the Worst Intersections for Fatal Car Accidents

- Mark Caruso

These New Mexico Cities Have the Worst Ranked Intersections for Fatal Car Accidents in the Entire State!

Intersections are the most dangerous portion of the road and travel pattern that a driver can encounter.  Unfortunately, most drivers encounter an intersection several times a day.  While most drivers successfully navigate these intersections, far too many people do not leave them alive.  Indeed, intersections kill more people each year than any other portion of a roadway.  And the reason is simple—cars from multiple sides are all coming together to a single point at the same time.  Even traffic light or traffic signed controlled intersections are still downright dangerous.

Here at the Caruso Law Offices, P.C., we handle many motor vehicle crashes at intersections which result in the wrongful death of a victim.  If you or a loved one have been serious injured or killed in a New Mexico intersection crash, call our experienced Albuquerque car accidents attorneys for a FREE consultation by dialing (505) 883-5000.  We will advise you of your rights and right to ensure you get the maximum compensation you may be entitled to.

List of New Mexico Cities with the Worst Intersections

According to the New Mexico Department of Transportation, the fifty worst intersections were ranked by the total number of motor vehicle crashes for three consecutive years.  After reviewing the data, the New Mexico cities with the worst Intersections are the following:

Albuquerque, New Mexico

There are more dangerous and deadly intersections in Albuquerque, New Mexico than anywhere else in the state.  In fact, the top 13 worst intersections were all in Albuquerque! And a majority of the list is from Albuquerque.

Paseo Del Norte Blvd NW and Paseo Del Norte Blvd NE contributed to over 250 fatal crashes which is more than any other three streets on the list.  The most dangerous intersection for car accidents was Paseo Del Norte Blvd NW and Coors Blvd NW, and the second worst was Paseo Del Norte Blvd NE and Jefferson St NE.  Other dangerous portions of Paseo Del Norte Blvd are NE and Pan American East Highway NE, and NW and 2nd St NW.

Other dangerous roads with deadly intersections in Albuquerque for car crashes were San Mateo Blvd NE, Montgomery Blvd NE, Coors Blvd NW, and Wyoming Blvd NE.  Of all the cities on this list, Albuquerque, New Mexico absolutely had the most crashes, the most injuries, and the most deaths than any other of the cities on the list.  While most of these intersections have  fatality and injury rate between 25% and 29%, the intersections of Central Ave W and Unser Blvd NW and Indian School Road NE and Sant Mateo Blvd NE both had a 38% fatality and injury rate—second highest on the list!

Las Cruces, New Mexico

While Las Cruces does not have nearly as many intersections on the list, motor vehicle crashes here are likely to cause serious injury or be fatal then any other intersection on the list!  In fact, Las Cruces, New Mexico holds the highest percentage and third highest percentage rate of injury or death in an intersection crash.  The worst was a 41% fatality and injury rate at Elks Dr and Main St.  This is the highest on the list and scary that almost half the time a person will be seriously injured or killed in a crash!.  The third worst on the list is Main St and Solano Drive in Las Cruces, New Mexico has a 37% fatality and injury rate.

Another reason why Las Cruces has such a high percentage of injury and fatality rates is simply because this is a major trucking hub and there are a lot of New Mexico trucking accidents occurring here.  Indeed, trucking companies across the country like Schneider, US Parcel, Estes, McLane, FedEx, and other large companies use New Mexico’s popular interstate highway system to ship cargo coast to coast and north to south.  At Las Cruces, this includes where I-25 and I-10 meet to switch north to south and east to west.  US Route 70 and US Route 180 are also very popular routes adding to the danger of motor vehicle accidents.

Santa Fe, New Mexico

While there are not many Santa Fe cities on the list, the one that is on the list carries a one in four chance to seriously hurt or kill a person in a crash.  This is Cerrillos Rd and St Francis Dr, and has caused over 150 crashes in three years with almost 40 killing or seriously hurting a victim.  Cerrillos Rd and Zafarano Dr is also a very serious intersection, where 30% of the people involved in a crash are seriously hurt or killed.

Española, New Mexico

While only one intersection makes the list, it has resulted in a fatality or serious injury in 37% of the motor vehicle accidents which is tied third for the worst intersection.  The intersection of Fairview Lane and Riverside Drive is incredibly deadly and single handedly gets Española on the list.

Farmington, New Mexico

This is the last non-Albuquerque city on the list.  The intersection of 30th St and Main St has seriously injured or killed 21% of the drivers and passengers.  Motorist should use extreme care when traveling on this intersection as well.

The Caruso Law Offices, P.C. Fight for the Rights of Victims at Dangerous Intersections

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Common Causes of New Mexico Motor Vehicle Accidents on Memorial Day

- Mark Caruso

Memorial Day Car Accidents are Common in New Mexico For Several Reasons

Memorial Day is a time for remembering the sacrifices that members of our armed services have made for our country and us.  Thus sacrifices could be serving and spending time away from family and friends, or paying the ultimate sacrifice for our country.  But it is a day to remember the fallen and their families for helping preserve our freedom.

But Memorial Day has evolved for many of us into times with family and friends BBQing and traveling.  It is known as the official start of the summer.  And it is also known as a time to relax from work and enjoy the usually nice weather.  However, this also means more motor vehicle accidents, serious injuries, and even wrongful deaths.  There are several reasons why for this, which include the following:

1) Alcohol/Drug Related Accidents – Alcohol and drugs should never be a contributing cause to any motor vehicle accident—they are very preventable causes.  However, on the big picnic day like Memorial Day, alcohol and drug related accidents are very high and result in horrific personal injuries.  Driving while intoxicated or under the influence of a drug is illegal by both statutory law and common law.  If alcohol or drugs is a cause of a car accident, the victim can be compensated for his or her injuries.

2) Excessive Speed – People are rushing to get to their parties and BBQs.  Many people are using some of New Mexico’s largest interstates such as I-40, I-25, and I-10.  These interstates are inhabited by large commercial trucks lie big rigs, tandem trailers, tankers, 18 wheelers, and other large trucks which could cause serious trucking crashes.  When motorists are driving at an excessive speed over the limit, or when large trucks are, it can result in catastrophic and deadly interstates accidents.  Las Cruces and Albuquerque are where two large interstates meet, which is also where a lot of high speed collisions occur.  Speed kills and is a major contributor to New Mexico car accidents.

3) Heavy Traffic – Holidays such as Memorial Day bring a lot of people out and onto the roads.  This means that there will be more traffic and congestion on the roads.  Simply put, this means more things to hit.  When you combine alcohol, drugs, and speeding as noted above, this is a simple recipe for devastating crashes which can kill people.

4) Inexperienced Drivers – Because it is a holiday, many people will be on the roads who are not comfortable with driving.  Some people only go out for special events, particularly elderly drivers who may only go out a few times a year.  Also more younger drivers get out for the beginning of the summer and enjoy having this as a major hang out holiday.  The combination of al the factors above and the inexperienced drivers will cause a significant number of motor vehicle accidents which will, unfortunately, result in the serious injury or wrongful death of victims.

Call the Caruso Law Offices, P.C. to Learn How We Can Help Get Your Compensation for Memorial Day Car Accidents

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

Chain Crashes and Interstate Pileups in New Mexico Motor Vehicle Accidents

- Mark Caruso

New Mexico Motor Vehicle Accidents Causing Large Chain Crashes or Interstate Pileups is Usually Caused by Negligence

Even just a single vehicle accident is dangerous enough, and the most common type of motor vehicle accident is a two vehicle accident.  But large chain crashes or interstate pileups involving five, ten, fifteen, or even more vehicles can be outright deadly.  This is particularly true on some of New Mexico’s interstates such as I-10, I-25, and I-40, which are major tractor trailer and trucking routes throughout the United States.

Here at the Caruso Law Offices, P.C., our experienced New Mexico motor vehicle accident attorneys know that chain crashes and large interstate pileup accidents can cause serious injury or death.  Victims of these accidents are entitled to compensation, and should call us for a FREE consultation by dialing (505) 883-5000.

Common Causes of Chain Crashes and Interstate Pileup Crashes

There are many causes to any type of motor vehicle accident, but interstate chain crashes and highway pileups are almost always caused by negligence.  And usually the negligence of several different parties.  Some common causes include the following:

– Speeding or driving excessively fast;

– Failing to yield;

– Dust storms or other weather events;

– Failing to guard against ice or other slippery conditions;

– Failing to slow down as reasonable in a dust storm;

– Road rage;

– Drowsy driving or driving while fatigued;

– Drunk driving;

-Drugged driving;

– Improper lane changes;

– Following too closely or tailgating;

– Slamming on the brakes;

– Tire blowouts; and

– Many other causes.

Liability in Chain Crashes or Interstate Pileups

Determining who is at fault for an interstate chain crash or a massive pileup is always very difficult.  Generally, the rule is that the vehicle who rear ends another vehicle will almost always be liable.  There are exceptions, but that is the general rule and a good place to start in the analysis of a pileup car accident.

While it is also obvious to say that the first few cases who may have “started” the pileup may be liable, other vehicles in the back of the pack may also be liable for not stopping in time.  In fact, every vehicle may be liable to the next vehicle in front of it that they hit for negligence.  This is why massive pileups can be a nightmare and require strong counsel to represent your interests to ensure you get the compensation you deserve, especially with a large trucking accident.

In smaller chain crashes, liability is generally placed on the first or final vehicle.  Again, when it comes to any pileup, the general rule is that the rear ending vehicle will be negligence.  For instance, take these examples using three cars:

Example 1: The first car stops, the second car stops, and the third car rear ends the second car and pushes it into the first car.  Because the first and second car were able to stop without difficulty, the third car will be the cause of the accident and liable.  Even though the second car rear ended the first car, the second car was pushed by the third car—the second car stopped in time and did nothing wrong.

Example 2: The first car stops short for no reason, the second car cannot stop and time and rear ends the first car, the third car can also not stop in time and rear ends the second car.  Here, it is likely the first car will be liable for the entire accident.  Stopping abruptly for no reason is negligent and the proximate cause of the second car rear ended the first, and the third car rear ending the second.  Now, the third car may be liable for not stopping in time before it hit the second car for following too closely.  But that is also not likely in a chain where the first car caused the accident.

Example 3: If the first car stops short, the second car stops just in time, and the third car rear ends the second car and pushes into the first car, the third car will likely be liable for the entire crash.  This is because, even though the first car stopped short, the second car was able to stop in time thus demonstrating that a reasonable person could stop in time.  But the third car failed to do so, and will be liable.

Sounds complicated?  Think about the scenario if there are five, ten, or even twenty vehicles involved.  Imaging trying to have to dissect who is liable and taking all of the witness accounts.  It is a nightmare!  That is why you should not try to guess about liability yourself, and contact an experienced New Mexico motor vehicle crash attorney instead.

The Caruso Law Offices, P.C.: Fighting for Victims in Interstate Pileup and Chain Crash Accidents

 

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

May is National Bike Safety Month: NM Bicycle Accident Attorney Explains

- Mark Caruso

May is National Bike Safety Month: Learn How to Avoid Danger and Hear About Your Rights If you Were Injured in a New Mexico Bicycle Crash

Many people enjoy cycling on the roads throughout the country, including New Mexico.  In fact, cycling has increased in popularity and brought many more people to the roadways.  “Share the road” is also a slogan during this time of year which is meant to bring awareness to motorists so they remember to lookout for bicyclists on the roadway.  To this extent, May is National Bike Safety Month to further bring safety tips to motorists and bicyclists alike.

This is because a cyclist can be very serious injured in a motor vehicle accident, particularly with a large commercial truck such as a trailer truck, tanker, 18 wheeler, big rig, or other truck.  A cyclists lacks the protections of others on the roadway.  Motorists in cars have steel walls and airbags to protect them.  Truck drivers sit up high in a cabin and also surrounded in a steel shell.  Even motorcyclists have roll cage and slide bars to help prevent some serious injury.

The statistics show that cycling is a very dangerous sport on the roadways.  In fact, according to the National Safety Council, over 500,000 people were treated in an emergency department for injuries while riding a bicycle.  For reference, football had almost 400,000.  If you or a loved one were injured in a New Mexico bicycle crash, call our experienced personal injury attorneys at the Caruso Law Offices, P.C. by calling (505) 883-5000 to learn how we can protect your rights.

Safety Tips for Bicyclists

There are some tips and advice that every bicyclists should know to help lower the risks of being involved in a New Mexico bicycle accident.  These include the following types:

  • Be visible and use bright colors that do not blend in with your surroundings;
  • Know how to ride your bike and know its capabilities;
  • Always stop at intersections and when crossing, especially at stop signs or traffic lights;
  • Make sure your bicycle is equipped with reflectors on the sides and back;
  • Never hitch onto vehicles;
  • Use hand signals when turning;
  • Ride single file—never double up;
  • Ride in the direction of traffic;
  • Always be aware of pedestrians coming out of parked cars or at intersections;
  • Watch for car door opening;
  • Know the traffic laws for cyclists;
  • Use a headlight and rear light;
  • Have a horn or bell loud enough to get the attention of a driver; and
  • Many others.

Common Injuries from New Mexico Bicycle Crashes

When a bicyclists is hit by a motor vehicle, the injuries can be catastrophic.  A victim may be entitled to compensation for injured caused by a negligent driver to help a victim recover.  Some common injuries caused by motor vehicle accidents include the following:

  • Broken bones;
  • Traumatic brain injuries;
  • Nerve damage/brachial plexus injuries;
  • Spinal cord injuries;
  • Back injuries;
  • Organ damage;
  • Permanent scarring;
  • Massive lacerations;
  • Paralysis;
  • Permanent nerve damage;
  • Orbital blowout fractures;
  • Concussions;
  • Depression and/or anxiety;
  • Hip replacements;
  • Shoulder replacements;
  • Torn ACL or MCL or PCL or LCL;
  • Torn rotator cuff or labrum;
  • Broken pelvis or hip
  • TMJ;
  • Road rash;
  • Wrongful death; and
  • Many other injuries.

Injured in a Bicycle Accident?  Call the Caruso Law Offices, P.C. for Legal Representation to get the Compensation you Deserve!

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

The Statute of Limitations in New Mexico Motor Vehicle Accidents: Know How Long You Have to Sue

- Mark Caruso

Victims of New Mexico Motor Vehicle Accidents Have Three Years to Commence a Lawsuit Under the Statute of Limitations

While a victim of a serious New Mexico motor vehicle crash should be focusing on his or her recovery, there is a time limit that he or she will have to commence a lawsuit.  This is true in every state throughout the country.  This time limit is the period in which the person must start a lawsuit after the injury-causing event occurred.  This period is known as the statute of limitations period, and it can completely bar your case if you do not follow it.

The statute of limitations period is different for every offense, and varies from state to state.  If a victim fails to commence an action within the statute of limitations period, there is no way to revive the claim—even the most sympathetic of judges cannot resurrect your case.  It is the single most important part of your case, and most people have never even heard of it.

The purpose of the statute of limitations period is to prevent “stale claims.”  Meaning, it is to prevent people from coming back years after an incident to make claims.  The longer away from the time of the accident, the worse a witness’ memory will be, the less physical data there will be, and the less likely that evidence is retained.  Thus, the statute of limitations period facilities an expeditious resolution after an incident to make sure the evidence is fresh and available.

The Statute of Limitations Period for Motor Vehicle Crash Victims

People hurt in New Mexico motor vehicle crashes may have been in trucking accidents, car crashes, motorcycle collisions, SUV rollovers, or other serious incidents.  These types of injuries can cause very serious injuries and even the wrongful death of a victim.  It is important to commence a lawsuit on time and within the statute of limitations period to ensure a victim’s rights are preserved.

Under New Mexico law, NM Stat. 37-1-8 provides that an action for damages caused by an injury to the person is three years.  This means that an accident victim must start a lawsuit within three years from the date of the accident.  This is not the date of the injuries, or the date the person realizes there may be a lawsuit.  But this is three years from the date of the act or omission causing the serious injuries.  This applies to car accidents, motorcycle crashes, and trucking crashes all the same.

Is There a Way Around the Statute of Limitations?

There are very few ways to extend the statute of limitations.  The extensions are really known as tolls, or temporary pauses preventing the statute of limitations from running.  The most common is infancy, which is when an infant is injured in a motor vehicle accident.  The statute of limitations will toll while the child is a minor.

Another toll is disability or incompetence.  Another is where the victim is serious injured and unconscious, thus physically unable to commence the lawsuit.  This can help extend a time to commence a lawsuit, but it should not be relied on and best practice is to always commence an action within the three year time period.

Commencing a New Mexico Motor Vehicle Crash Case Most be Done on Time, and by Good Attorneys

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

New Mexico’s Deadliest Intersections: Albuquerque Motor Vehicle Accident Attorney Explains

- Mark Caruso

All Intersections are Dangerous, But These New Mexico Intersections are the Deadliest in the State

Any time a vehicle approaches an intersection it could result in a serious motor vehicle accident.  That is the simple truth in that intersections are segments of the road where one direction of traffic crosses over another lane of traffic.  Collisions can be at high speeds and impact at the vulnerable part of the vehicle—the side impact.  Not only is this dangerous, but it is deadly.

Recently statistics from the University of New Mexico have been released ranking the worst intersections in New Mexico.  As previously identified in our last blog post, the worst intersection was Coors Blvd NW and Paseo Del Norte Blvd NW in Albuquerque, New Mexico.  This intersection had 380 motor vehicle accidents of which 29% (110) were fatal.  This intersection had the highest number of fatalities out of any other intersection in the state.

Deadliest Intersections in New Mexico

While Coors and Paseo Del Norte have the highest number of fatalities, it does not have the highest percentage of fatal accidents.  The percentage of fatal accidents really goes to how dangerous an intersection is.  Here is a list of the intersections with the highest rate of fatality per vehicle accident:

Elks Dr and Main St, in Las Cruces, New Mexico – 41% fatal;

Central Ave W and Unser Blvd NW, in Albuquerque, New Mexico – 38% fatal;

Indian School Rd NE and San Mateo NE, in Albuquerque, New Mexico – 38% fatal;

Main St and Solano Dr, in Las Cruces, New Mexico – 37% fatal;

Fairview Lane and Riverside Dr, in Española, New Mexico – 37% fatal;

Coors Blvd NW and Irving Blvd NW, in Albuquerque, New Mexico – 35% fatal;

Airport Rd and Cerrillos Rd, in Santa Fe, New Mexico – 33% fatal;

Coors Blvd NW and Quail Rd NW, in Albuquerque, New Mexico – 32% fatal;

Osuna Rd NE and San Mateo Blvd NE, in Albuquerque, New Mexico – 32% fatal;

Eubank Blvd NE and Montgomery Blvd NE, in Albuquerque, New Mexico – 31% fatal; and

Cerrillos Rd and Zafarano Dr, in Santa Fe, New Mexico – 30% fatal.

Injuries and Deaths at Intersections Deserve Strong Legal Advocacy 

If you or a loved one has been injured in a motor vehicle accident, call the experienced New Mexico car accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 883-5000 You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.