Making Your Case: Caruso Law Offices, P.C. Explains How to Prove Liability in a Car Accident in Albuquerque, NM
There are many common causes of auto accidents in Albuquerque, NM. Unfortunate, there are many laws that dictate liability, or fault. In fact, some of the laws that apply may not be a written law at all but actually what is known as “common law,” or judge-made law. This is law that is in the form of written decisions and has evolved over decades of public sentiment. But regardless of the form of a law, everyone needs to know both. This means the vehicle and traffic code as well as the common law or unwritten laws. When there is an auto accident and someone is hurt, proving liability can be difficult. Many victims and families come to our law offices and ask how to prove liability in a car accident in Albuquerque, NM.
Here at the Caruso Law Offices, P.C., we know that to be true. Our experienced auto accident lawyers have over 30 years of successfully fighting back at some of the largest insurance companies, biggest law firms, and equally experienced defense lawyers. We have a prove track record of success in protecting innocent people from dangerous motorists, truckers, trucking companies, and overreaching insurance companies. Learn how we can help you and your family if you have been seriously injured or if a loved one was wrongfully killed by a negligent driver. We can help prove liability in a variety of circumstances, which include the following examples in this post.
How to Prove Liability in a Car Accident
There are many types of car accidents and many different claims that could be made. Liability is generally supported by a negligence cause of action. Negligence is when someone recklessly or carelessly exposes another to an unnecessary risk of harm or damage. In a motor vehicle, a motorist could be negligent if he or she fails to exercise reasonable care in the use or operation of a motor vehicle. Thus, if a motorist fails to act reasonably, he or she could be at fault or liable for a car crash and the injuries that it causes.
But outside of negligence, there are statutory obligations too. The vehicle and traffic codes can help prove liability if they were violated and the statute was meant to protect the victim from the harm that was caused to him or her. Here are some examples of that principle and liability:
Left Turn Accidents: Two vehicles collide at an intersection. One vehicle was going straight, and the other vehicle was making a left. The vehicle going straight hit the left turning vehicle at the rear passenger side. Who is at fault?
The left turning vehicle!
A vehicle turning left must always yield to the right-of-way of other vehicles at an intersection. This is required under NM Stat. section 66-7-329. Thus, even if a vehicle going straight hits a left turning vehicle on the back or end, there is still liability.
Distracted Driving: This one is easy. A distracted driving motorist who is using a cell phone or texting will generally be at fault for a motor vehicle accident resulting in personal injuries. This is provided for under NM Stat. section 66-8-114, which states “[a]ny person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.” Thus, eating food, doing makeup, playing with the radio, or performing any other tasks may be considered reckless and negligent.
Texting While Driving: Like distracted driving, texting while driving takes a person’s full time and entire attention away from operating a motor vehicle. This is dangerous like above, but it can also be deadly. And it is also illegal. How to prove liability in a car accident with a texting while driving defendant is very easy because NM Stat. section 66-7-374 also prohibits texting, viewing, sending, reading, or otherwise operating a cell phone to send text while operating a motor vehicle. A defendant that does this is going to be liable.
Speeding: Here is another common liability question that our experienced auto accident lawyers at the Caruso Law Offices, P.C. get. What if the other driver was speeding? How can I prove liability?
Well, most people know that speeding is unlawful and dangerous. But did you know that even going the speed limit can result in issues with liability when the whether conditions do not permit for safe travel?
Yes, even someone going the speed limit could be liable for speeding!
The law is New Mexico Stat. 66-7-301, which provides “[i]n every event, speed shall be so controlled by the driver as may be necessary: (1) to avoid colliding with a person, vehicle or other conveyance on or entering the highway; (2) to comply with legal requirements as may be established by the state highway and transportation department or the New Mexico state police division of department of public safety and the duty of all persons to use due care . . . .”
This means that a motorist driving even 5 MPH below the speed limit could be driving too fast if the weather conditions or traffic, such as a dust storm, do not allow for safe travel.
Rear End Collisions: How to prove liability in a car accident involving a rear end collision is usually one of the easiest ways to win a case. However, defendants still hotly contest this type fo claim because it usually is a “free shot” to damages. Meaning, whatever the damages are will usually be paid out entirely because there are little if any mitigating defenses.
This is because the law is crystal clear. Under NM Stat Section 66-7-318, a motorist if driving too closely when “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” If the following vehicle rear ends another vehicle, that could result in serious liability issues for a defendant and an easier way to prove a claim for a plaintiff.
Other Auto Accident Claims Claims Should be Reviewed by Our Lawyers
We know how to prove liability in a car accident in Albuquerque, NM. If you or a loved one were seriously injured in an auto accident in Albuquerque, NM, ask our experienced car accident lawyers at the Caruso Law Offices, P.C. for help with your claim immediately. We have over 30 years of experience and a proven track record of success representing victims in serious motor vehicle accidents, trucking wrecks, motorcycle collisions, and pedestrian knockdowns. Learn how our experienced legal team at the Caruso Law Offices, P.C. can help protect your rights to compensation under New Mexico law.
We offer a FREE consultation and handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the Caruso Law Offices, P.C. by dialing (505) 273-2978 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.