Car accidents are among the leading causes of personal injuries and death in the United States. According to statistics from the National Highway and Traffic Safety Administration (NHTSA), approximately 43,000 people are wrongfully killed in traffic accidents each year in the United States. Roughly another 2.2 million people suffer personal injuries in traffic accidents throughout the United States, some ending up with permanent disabilities.
Our experienced Albuquerque car accident lawyer knows that motor vehicle crashes are a big problem in New Mexico too. Although the New Mexico Department of Transportation has enacted may safety programs to help combat traffic accidents, statistics reveal that New Mexico is still the sixth most deadly state for car accidents deaths per population and per vehicle miles traveled.
Here at the Caruso Law Offices, P.C., we understand that motor vehicle crashes involving passenger cars, tractor trailers, buses, motorcycles, bicycles, pedestrians, and other types of traffic accidents can result in serious or fatal injuries. These injuries affect not only the victim, but also the entire family – often causing physical harm, emotional injury, and financial damages that may seem overwhelming. We are proud to accept all types of car accident claims.
If you or a loved one were involved in any type of serious car accident in New Mexico, call our experienced Albuquerque car accident attorneys at the Caruso Law Offices, P.C. to schedule a FREE consultation to learn how we can help you recover the damages that you may be entitled to under New Mexico law.
Victims and their families who have been involved in a serious or catastrophic motor vehicle accident cannot just call any personal injury law firm or lawyer to help them. They need to call an experienced like ours:
If you or a loved one were injured in any type of motor vehicle accident in New Mexico, call the Caruso Law Offices, P.C. to schedule your FREE consultation to learn more about your rights with one of our car accident lawyers.
Car accidents come in many forms—varying widely in how they happened and the type of injury suffered by our clients. At Caruso Law Offices, P.C., our top-rated Albuquerque car accident lawyers have the skills and legal knowledge to handle all types of accidents. No matter what kind of car or truck accident you were in, we will provide the same high-quality legal assistance. Among other cases, we can help you with:
Our goal is to make sure that you get everything you need while working through the recovery and insurance claim process. This looks different for everyone, which is why we tailor our approach to your exact situation. But we want you to know that our car accident attorney will take the stress out of your car and truck accident.
Car accidents are overwhelming, and you likely have many questions. With our experienced car accident attorney on your side, we can help remove as much anxiety as possible and get you the answer and compensation that you deserve.
Although an individual could be seriously injured or wrongfully killed in a car accident anywhere in Albuquerque or New Mexico, there are certain areas of our City that continue to prove to be very dangerous intersections. Some of the most dangerous intersections for Albuquerque car accidents are the following:
Even though this list contains many high-speed and high-traffic roadways, a catastrophic or fatal intersection could occur in any area of Albuquerque. That includes even low-speed roadways, where even a minor collision could cause permanent and disabling injuries. Victims who are injured in these types of accidents should call our experienced car accident lawyers for help with their cases.
Generally, there are two types of car accident insurance states. One type of state is a “no-fault” state, which means that an injured driver turns to their own insurance carrier for compensation after a motor vehicle accident – even if they were not responsible for their injuries or the crash. The purpose is to allow a victim to recover quick compensation in a non-adversarial manner. After fault is later determined, the insurance carriers can sort out liability and apportionment between themselves in a separate lawsuit known as a subrogation lawsuit or claim (although most times they will settle with each other). Whereas in an “at fault” state, a victim must turn to the at-fault driver’s car insurance to recover compensation.
New Mexico is an “at fault” car accident state. Thus, in order to hold another driver responsible for your crash, you must prove that their negligence (unsafe actions or inactions) contributed to the collision. A successful car accident injury claim will be supported by compelling and well-organized evidence. We will investigate your accident and secure all of the evidence you need to prove fault.
Caruso Law Offices, P.C. utilizes leading experts and investigators who can be immediately called and directed to the scene of an accident. This is extremely important if the accident involves a commercial vehicle, since the commercial vehicle driver is normally directed to contact a specific accident investigator upon impact with another vehicle. You must protect the evidence in a commercial vehicle crash immediately following the crash. In trucking accidents, preserving the electronic control module (ECM) data is also critical because it can be easily modified or deleted – thus making it harder to prove your claim.
Generally, there are two ways to prove liability in an Albuquerque car accident under New Mexico Law:
The most common cause of action (or claim) in a car accident case is known as negligence. This is a common law, or judge-made law, that has evolved over decades of legal evolution. That’s because the common law is a flexible standard which dictates what society finds to be reasonable and just. It is the most common type of claim in any personal injury case, and often other types of lawsuits like construction, business deals, or even construction.
Under New Mexico common law, a driver is negligence when he or she fails to exercise reasonable care in the use or operation of a motor vehicle. That means seeing what there is to be seen and hearing what there is to be heard in a motor vehicle. It also means that drivers must be courteous and reasonable in the movements, driving defensively and as a reasonably prudent person would drive in similar circumstances.
Thus, a driver who is operating a vehicle in a reckless, careless, or outright dangerous manner will likely not be driving as a reasonably prudent person. This standard is flexible and adjusts based on the facts and circumstances. But in general, when a defendant fails to act in a reasonable manner, he or she can be found negligent and liable for the harm of others injured in Albuquerque, New Mexico.
A second way to find a defendant negligent for personal injuries in a motor vehicle accident is through the doctrine of negligence per se. While the common law standard of negligence is based on the reasonableness of the general public and what a reasonably prudent person would do, negligence per se is a legal doctrine based on what the Legislature (or laws made through formal rule-making processes) has determined to be illegal. Thus, the doctrine of negligence per se is based on the violations of statutory law.
When a defendant has violated a statutory law, and such violation has caused the harm the law meant to prevent to the person that the law was meant to protect, a defendant can be found automatically liable to a victim. That means the victim will only need to prove that his or her damages were caused by the defendant’s negligence. This is a powerful legal doctrine for that purpose.
An example would be when a defendant commits a violation of the New Mexico motor vehicle code under chapter 66 of the New Mexico revised statutes. Some common examples of statutory violations that could hold a defendant automatically negligence under New Mexico law for an Albuquerque car accident include the following:
While the doctrine of negligence per se is very powerful for a statutory violation, it does not apply in the same way for regulatory violations. This predominately focuses on trucking regulations under the Federal Motor Carrier Safety Administration (FMCSA). A violation of a regulation that results in harm to a victim the regulation was meant to protect is not an automatic finding of negligence. Thus, a victim will still need to prove liability.
Rather, a violation of a regulation (an agency-made rule) is just evidence of negligence. That means it can be used to show to a trier of fact (a judge in a bench trial or a jury in a jury trial) that the defendant’s conduct was evidence of careless, reckless, or possible negligence. But it cannot be used to show that defendant’s conduct was absolutely negligent.
Thus, when there is a violation of a regulation rather than a statute, you will need to search for a car accident attorneys near me to find the best car accident lawyer in Albuquerque to help you. That means calling the Caruso Law Offices, P.C. to learn more about your rights to compensation.
Victims of a car accident may be entitled to “damages.” This is a legal term of art which simply means the type of relief that a party to a lawsuit can obtain. Although there are many different types of damages, in a personal injury action like a car accident, damages are typically monetary compensation.
In New Mexico, car accident victims can recover this financial compensation for both economic and noneconomic losses. Economic losses are those which can be reasonably calculated. This includes medical bills, lost wages, lost future earnings, and property damage. Whereas noneconomic losses include harm like conscious pain and suffering, loss of consortium, emotional harm and distress, and other nontangible losses.
Some of the most common damages that our Albuquerque car accident attorneys can recover for you include the following:
It’s the job of your car accident attorney to help you identify which type of damages you can include in your car accident claim. Not all car accident cases are alike, so having one of our expert auto accident attorneys help you evaluate your car crash is pivotal.
Damages in a personal injury lawsuit can be significant, especially in certain types of car accidents resulting in permanent damages and disability. Of course, insurance companies have an incentive to settle these claims for the lowest amount possible. One way is to blame the victim for his or her injuries and damages.
States throughout the country have adopted different types of fault-sharing statutes. This includes contributory fault where even a portion of fault for an accident could bar a victim from recovering compensation. This can lead to unjust results where a victim could be barred from recovering compensation if he or she is just 1% at fault. Some states have modified this approach and allow a victim to recover as long as he or she is not more than 50% at fault, meaning the defendant carries the majority of fault for the car accident.
Whereas New Mexico is a known as a pure comparative fault state. That means a victim’s negligence in causing the accident or injuries will be used to proportionally lower his or her recovery. The exact percentage is what is used, no matter how high or low it is. This is very equitable and fair because it allows a victim to recover his or her damages which are truly deserved under the law.
An example of pure comparative fault in New Mexico would be a victim who recovers $100,000 but is 15% at fault for the crash. A court will likely reduce his or her comparative fault to $85,000. This removed compensation for the 15% that the victim caused, and keeping the defendant liable for the 85% that he or she truly caused.
Insurance companies will try to offer or advocate for a low damages award, while trying to maximum a victim’s comparative fault. That means they will try to burn at both ends of the candle, decreasing what you can get but maximizing what is your fault. With experience on the other side as a former insurance attorney, our Albuquerque car accident lawyer Mark Caruso and Caruso Law Offices know their tactics and strategies. He knows how to help clients maximize their compensation.
There are many possible personal injuries that could be caused by a car accident in Albuquerque, New Mexico. Virtually any injury is possible. Although many of the most dangerous intersections above are high-speed and frequently result in catastrophic harm including wrongful death. Generally, the most devastating that the injury is, the more experienced of a car accident lawyer you will need. That is because your case will not only involve complicated issues of law, but also complicated issues of medicine and anatomy. With over $30 million recover for clients since 2016, our Albuquerque car accident lawyer is a clear choice for complicated, catastrophic, disabling, and permanent injury cases.
Some of the most devastating and catastrophic types of car accident injuries that the Caruso Law Offices, P.C. has handled include the following:
If you or your loved one was injured in a crash in Albuquerque, New Mexico, it is normal to be overwhelmed. The road after a car accident can be long, so you need the right Albuquerque car accident lawyers on your side. At our bodily injury law firm, we will help you deal with every issue as soon as it comes up. We have done this for a long time, and we can advise you on a host of legal and medical situations. More specifically, our team of compassionate and experienced legal professions is ready to:
While most motor vehicle accident cases are eventually settled, Mark Caruso is a trial-tested personal injury lawyer. We are prepared to bring your claim wherever it needs to go to get you the complete financial compensation that you deserve.
At Caruso Law Offices, P.C., we fight aggressively to protect the rights and interests of our clients. If you were injured in a car, our attorney is standing by, ready to help. To learn more about how our dedication to results can benefit you, we invite you to call (505) 369-0744 or reach out to us online now to request a free initial consultation.
If you are not able to visit our offices in Albuquerque or Rio Rancho, we can make arrangements to come and see you in your own home or hospital, if necessary. We accept cases throughout New Mexico, and we will travel to see you if you cannot drive to Albuquerque or Rio Rancho. We do not charge anything unless we win the case for you. We offer a contingency fee, which makes us more affordable than any other personal injury attorney in New Mexico.
The road after a car accident can be long, so you need the right people on your side. At our personal injury law firm, we will help you deal with every issue as soon as it comes up. We have done this for a long time, and we can advise you on a host of legal and medical situations.
For a free consultation, please contact our office. You can reach our Albuquerque car accident lawyers by our convenient and easy-to-use Contact Us box available here, or by phone: (505) 369-0744. We practice throughout New Mexico from our location in Albuquerque. We look forward to working with you and your family.