Pedestrians Hit by Vehicle: Albuquerque Pedestrian Knockdown Attorney Explains

- Mark Caruso

Albuquerque Pedestrian Hit by Vehicle Cases

According to the National Highway Traffic and Safety Administration, almost 5,000 pedestrians are killed and 76,000 are injured in motor vehicle related accidents each year.  Most of these accidents occur at non-intersections, where pedestrians are attempting to cross the road without cross-walks.  Additionally, two-thirds (2/3) of pedestrian accidents occur at nighttime when visibility is difficult.

Unfortunately, children comprise a large percentage of pedestrians hit by cars, with almost twenty percent (20%) of all pedestrian injuries being caused to children.  In fact, children 15-years-old or less are twenty-two percent (22%) likely to be killed in a pedestrian collision with a vehicle, which is more than any other age group including the elderly (19% in age group 75-79 years old).

At the Caruso Law Offices, P.C., we know that when a pedestrian is struck by a motor vehicle there can be very serious injuries.  This can cause a significant emotional and financial hardship on a family.  Our experienced Albuquerque pedestrian knockdown attorneys have the compassion and knowledge to help protect your rights while you are healing to help your family overcome these hardships.  If you or a loved one has been injured or killed in an Albuquerque pedestrian collisions, contact us today for a FREE case evaluation by calling (505) 384-6322.

Liability in Albuquerque Pedestrian Knockdowns

Under New Mexico law, a motor vehicle which strikes a pedestrians can be liable under a theory of negligence or negligence per se.  Both are very important and both may apply to your case at the same time, or only one may apply.

Under a theory of negligence, a motorist owes all individuals on or near the roadway (both pedestrians and other motorists) a duty of reasonable care under the circumstances to the degree that a prudent person would exercise in similar circumstances.  Generally, this means to drive just as safe and careful as any other person in the community would drive.  If a motorist breaches his or her duty to drive like a prudent person, and this breach causes injuries to another, the motorist may be liable for those damages.

Under a theory of negligence per se, a motorist may be automatically found negligent as a matter of law for violating a statute and causing damage is the statute is meant to protect the person who was harmed and prevent the harm that was done to such person.  A perfect example is NM STAT 66-7-334 which governs pedestrians’ right of way.  This section requires that, if a pedestrian is at a crosswalk, all motorists must yield to the pedestrian.  If a motorist in one lane does yield, but a motorist in another lane fails to yield and strikes the pedestrian, the non-yielding motorist may be liable under negligence per se.  Thus, the injured pedestrian may be able to collect compensation for his or her injuries.

If you are the victim of an Albuquerque pedestrian knockdown, contact us today for a FREE case evaluation and we can review what theory of liability may be applicable in your case.

Common Causes of Pedestrian Knockdowns

There are many causes of pedestrian knockdown accidents, and unfortunately many of these causes are preventable and should never occur.  For example, many common causes of pedestrian collisions include the following:

  • Distracted driving (cell phone calls, texting, radio, tablets);
  • Speeding or driving too fast for the conditions;
  • Following too closely or tailgating;
  • Tractor trailer or large trucks that cannot stop in time;
  • Not paying attention to the road (i.e., looking for a parking spot);
  • Driving while intoxicated (DWI) or driving while ability impaired (DWAI);
  • Weather conditions (heavy rain or fog);
  • Driving while under the influence of drugs (both prescribed medications and illegal narcotics);
  • Sunlight conditions (sun directly in eyes, or nighttime);
  • Driving while tired; and
  • Many other causes.

If a motor vehicle has struck you or a loved one for one of the reasons above or any other reason you think may be due to the negligence of the other driver, please contact our office today for a FREE case evaluation.

Contact an Experienced Albuquerque Pedestrian Accident Attorney

If you or a loved one has been injured in an Albuquerque pedestrian knockdown accident, call the experienced pedestrian knockdown accident attorneys at the Caruso Law Offices, P.C. today by dialing (505) 384-6322  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.