Understanding Your Rights After a Distracted Driving Auto Accident in Albuquerque
Far too often, innocent people are either hurt or killed by another driver who was acting irresponsibly, or downright negligently. While there are many ways in which a driver can act negligent, one of the most common ways that drivers act negligently which results in car accidents in New Mexico is distracted driving. In 2020 alone, 3,142 people lost their lives due to distracted driving. This number is staggering, especially because if drivers acted responsibly then these people would be alive today. A distracted driving auto accident in Albuquerque, NM is a senseless act of negligence that can easily be prevented, by far too many drivers still cause these serious and deadly accidents.
What is most shocking is that insurance companies and defense lawyers will try to protect dangerous drivers, including arguing that the victim was at fault for the defendant’s texting while driving. This is both absurd and unfair.
Here at the Caruso Law Offices, P.C., our experienced auto accident lawyers in Albuquerque, New Mexico can help you and your family recover compensation for a distracted driving auto accident in Albuquerque, NM that results in serious personal injuries or the wrongful death of an innocent person. We can help you and your family recover the compensation that you need for your losses. To learn more, please call us to schedule a FREE consultation with one of our experienced lawyers to learn more about your rights and how we can help.
What is Distracted Driving?
While most people think of texting while driving when talking about distracted driving, there are actually many other actions that constitute as distracted driving. According to the NHTSA, examples of distracted driving include the following:
- Talking on the phone
- Texting on the phone
- Eating
- Drinking
- Talking to other people in your vehicle
- Reaching for something in your car
- Playing with the radio or navigation system
- Any other action which takes your eyes or attention off the road.
All forms of distracted driving is a very serious type of negligence that could result in personal injuries and liability in a lawsuit. Distracted driving is the fault of the driver, whether a car driver or truck driver who is engaging in the distractions while operating a vehicle.
Injuries from a Distracted Driving Accident
Victims of distracted driving accidents often sustain serious injuries. Some victims sustain injuries so serious that they lose their lives. The most common injuries caused by a distracted driving accident includes the following:
- Traumatic brain injuries (TBI)
- Broken bones or fractures
- Spinal cord injuries (SCI)
- Internal organ injuries
- Paralysis (i.e. quadriplegia, paraplegia, etc.)
- Scarring or disfigurement
- Back or neck injuries
- Wrongful death, and
- Other injuries caused by a distracted driving auto accident in Albuquerque, NM.
If you loved one passed away in a car accident and you wish to pursue a wrongful death claim in Albuquerque, contact our lawyers for a free case evaluation to discuss potential legal recourse.
How Can I Prove the Other Driver Was Engaging in Distracted Driving?
You may not be aware of why the accident occurred or you may have seen the driver looking down at their phone or doing something other than driving before the crash occurred. Regardless of whether or not you believe the other driver caused the accident as a result of distracted driving, it’s important to contact an experienced car accident lawyer right away when the accident occurs. This is because proving that the other individual engaged in distracted driving requires evidence.
Evidence must be collected immediately in order to preserve the evidence. This requires the help of a car accident lawyer who can work to secure evidence that will prove that the other driver was acting recklessly when the accident occurred, giving you the best opportunity to recover the compensation you deserve. Some of the pieces of evidence we help to secure include the following:
- Cell phone records – Your attorney is able to request records from the defendants cell phone company after the collision occurs. The records will show if the driver was talking or texting on their phone at the time of the accident.
- Police report – A police report is an important piece of evidence as it is an impartial record of the accident, stating only the facts. Often times, police officers will note if they saw evidence of distraction which may have contributed to the accident.
- Driver statements – Drivers typically will make statements to the insurance company which may help to prove that the driver was distracted at the time of the accident. If the driver says to you something as simple as “I’m sorry I didn’t see you! I was handing my daughter a snack” could be vital evidence which can further prove that the driver was distracted at the time of the accident.
- Accident reconstruction – If necessary, we may work with accident reconstruction specialists who are able to reconstruct what happened at the time of the accident which can help prove that the other driver was distracted at the time of the accident.
Call Our Personal Injury Law Firm After a Distracted Driving Auto Accident in Albuquerque, NM
If you or a loved one were seriously injured in any type of serious car accident or trucking accident, call our personal injury lawyer in Albuquerque, NM at the Caruso Law Offices, P.C. to schedule a FREE consultation to learn how we can help you and your family recover the compensation that you deserve for your injuries. To learn more, call (505) 384-7865 to schedule a FREE consultation with our lawyers.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. We also have a second trucking accident office in California, serving those in Inland Empire County and San Bernardino County, as well as those who have been catastrophically injured or wrongfully killed through California. Please call to schedule for FREE appointment by dialing (505) 384-7865 or contact us through our website’s easy to use and convenient contact box available here.