Car accidents caused by someone’s negligence can lead to severe injuries requiring expensive medical treatment. In some cases, these injuries could even leave a life-long impact on the victim. It’s important to contact an Albuquerque car accident lawyer to pursue legal recourse.
Under New Mexico law, victims of car accidents have the right to recover compensation for their losses and injuries if someone else is at fault. However, this legal process can be challenging.
Fortunately, we are here to help. Caruso Law Offices is a renowned law firm known for its expertise in handling car accident cases. Each Albuquerque personal injury lawyer in our law office is committed to providing exceptional legal representation to accident victims in Bernalillo County and all of New Mexico.
Contact us to set up a free case evaluation. Call today at (505) 883-5000 to get started.
Why Choose Caruso Law Offices?
- Evidence gathering and investigation: recovering from a car accident is a serious task, both physically and financially. It’s critical to choose the right law office for your case. At Caruso Law Offices, our Albuquerque auto accident attorney only handle car crashes and traffic accidents of all types. Our entire firm dedicates itself to helping car accident victims recover their losses so they can move forward in the best way possible.
- Proven results: our law firm has a track record of obtaining multi-million dollar verdicts and large settlements for our clients, including recent wins of over $7 million.
- Inside experience: our car accident lawyers have over two decades of experience navigating New Mexico car accident claims and court litigation for victims of motor vehicle accidents. Many of the attorneys in our law office previously represented insurance companies. They are deeply familiar with their methods and know the best strategies to recover the maximum compensation. We have the power to win your claim.
- Deep compassion: our attorneys are not only knowledgeable and experienced, but car accident recovery is what drives us. We have deep compassion for car accident victims and the ripple effects of serious injuries on a victim’s life and family. When injuries occur due to someone else’s careless actions, we have a passion for bringing our clients the compensation and sense of justice they deserve.
How Our Albuquerque Car Accident Attorneys Can Help You
Our Albuquerque car accident lawyer can help you throughout the auto accident claim. The steps we take include:
- Thorough evidence gathering and investigation: our auto accident attorney will prioritize a detailed examination of the accident scene. We gather crucial pieces of evidence, such as witness statements, and physical evidence such as surveillance footage, vehicle debris, and skid marks that might shed light on the cause and impact of the collision.
- Expert consultations: for complex cases, we often collaborate with accident reconstruction experts. These professionals use science and engineering principles to recreate the accident, providing invaluable insights that can reinforce your claim.
- Determining liability: motor vehicle accidents aren’t always black and white. In some situations, multiple parties might share the blame, whether it’s another driver, a vehicle manufacturer, or even a municipality for unsafe road conditions. We ensure no stone is left unturned in identifying all liable entities.
- Proving negligence: once your auto accident attorney determines the liable party in your car accident, they document the evidence to make a compelling case to prove the defendant’s liability, first to their insurance company, and then in court when necessary—in about five percent of cases that aren’t resolved with a settlement.
- Negotiating with insurance companies: insurance adjusters often employ tactics to minimize payouts for an insurance claim. Armed with vast experience, each Albuquerque accident lawyer at our firm is adept at countering these tactics and ensuring you’re offered a fair settlement. We act as your shield for any insurance claim, ensuring insurance companies don’t take advantage of your situation.
- Courtroom representation: while we always aim for a favorable settlement outside of court, our litigators stand ready to take your case to trial if necessary.With the depth of experience in the courtroom, we present your case convincingly before a judge and jury. From opening statements to presenting evidence and cross-examining witnesses, we strive for excellence at every stage.
What Our Clients Have to Say
“My experience with Caruso Law Office was smooth and carefree.” – O.O.
Read More Client Testimonials Here
Understanding Car Accidents in New Mexico
Car accidents can profoundly impact individuals and families, resulting in financial burdens, emotional trauma, and physical injuries.
Understanding the dynamics of car accidents caused by someone’s negligence is crucial in building a strong case. Therefore, consulting an car accident attorney in Albuquerque is important.
Our auto accident attorneys have in-depth knowledge of the laws governing traffic accidents in all of New Mexico, including the relevant statutes, regulations, and legal precedents. We can help you file a claim for various car accidents, including rideshare accidents such as an Uber accident or Lyft accident in Albuquerque.
Steps to Take After an Auto Accident in Albuquerque, NM
Being involved in a car crash can be overwhelming, but the steps you take right after the accident could greatly impact your auto accident claim. If you find yourself in a car accident in Albuquerque, here are the essential steps to take:
- Get medical attention: first and foremost, check yourself for injuries and get medical assistance immediately.
- Move to a safe location: if it is safe to do so, move your vehicle out of the traffic lanes to prevent further accidents and ensure the safety of everyone involved.
- Contact the police: you must alert the authorities even if the accident is minor. The police take detailed report of the accident that can prove important for the legal proceedings and insurance claims.
- Get contact information: exchange contact, insurance, and vehicle information with the other driver. Also, get the name and contact details of any witnesses on the scene.
- Document the scene: if it is safe, make sure you take some videos or photos of the accident scene. This may include the vehicles involved, property damage, and any visible injuries.
- Alert your insurance company: it is also important to immediately contact your insurance company to report the accident. Provide them with accurate accident details but remember never to admit fault or make any speculations.
- Consult with an attorney: it is highly recommended to contact an experienced Albuquerque car accident attorney, especially if you have sustained injuries or significant property damage.
Each car accident is unique, and due to the uniqueness, the specific steps may vary depending on the circumstances.
Common Causes of Car Accidents in Albuquerque
Poor weather conditions, unexpected road hazards, and faulty auto parts sometimes cause car accidents, but the most common cause of car accidents is driver error. When a motorist fails to follow traffic laws or engages in careless or reckless behavior they are liable for damages to victims if their actions cause an accident.
Common causes of Albuquerque car accidents include the following:
- Aggressive driving
- Distracted driving
- Failure to yield the right of way
- Improper merging
- Intoxicated driving
- Making left turns while looking right
- Running red lights or stop signs
- Speeding
- Tailgating
- Unsafe lane changes
Any of the above driving behaviors indicate a disregard for the possibility of causing injury to others. A successful claim for damages gives injury victims a sense of justice as well as financial compensation.
Common Injuries in Car Accidents in Albuquerque
Seatbelts substantially decrease the risk of death in a car accident, but they cannot prevent all injuries. The powerful crash force of a collision throws the body forward against the seatbelt and airbags with tremendous force and then they snap back against the seat. A 100-pound person becomes a 3,000-pound force in a collision at only 30 miles per hour.
Common injuries in Albuquerque car accident claims include the following:
- Back injuries
- Brain injuries
- Broken bones
- Bruises, abrasions, and lacerations
- Burns
- Facial injuries
- Internal organ damage
- Knee injuries
- Neck injuries
- Shoulder injuries
- Soft-tissue injuries
- Spinal cord injuries
Injuries can quickly cause financial hardship for families with as little as a single missed paycheck and a large hospital bill. Some injuries have life-altering implications like disability or impairment. Although financial compensation cannot erase the injury it helps open doors to the best medical care and alleviates economic distress.
How Long Do I Have to File a Car Accident Claim in Albuquerque?
In Albuquerque, under N.M. Stat. § 37-1-8, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the date of the accident. However, if you’re making a claim against a government entity, you have only 90 days to provide notice of the claim.
To protect your rights and ensure all deadlines are met, it’s vital to consult with a knowledgeable Albuquerque car accident attorney at Caruso Law Offices as soon as possible.
Potential Damages to Recover After a New Mexico Car Accident
When pursuing a car accident claim, it’s crucial to understand the various types of damages you may be entitled to recover. Here are some common categories of damages in car accident cases:
- Medical expenses: this includes all costs related to your medical treatment, such as medical treatment bills, rehabilitation, medications, surgeries, and future medical expenses.
- Lost wages: if you are unable to return to work due to your injuries, you may recieve compensation for your lost income during your recovery period. Additionally, if your injuries have long-term effects on your earning capacity, you may be eligible for compensation for diminished earning capacity.
- Property damage: this covers your vehicle’s repair or replacement costs or other damaged property.
- Pain and suffering: accident victims of severe car crashes, especially those who suffer spinal injuries, can face significant emotional and physical pain that profoundly diminishes their quality of life. Compensation in this category addresses the non-economic toll your injuries.
- Punitive damages: if the car accident occurred due to intentional misconduct or extreme negligence, punitive damages may be awarded.
- Wrongful death: in tragic cases where a car accident results in the death of a loved one, certain family members might have the right to file a claim of wrongful death in Albuquerque to recover damages for pain and sufferings, funeral expenses, and more.
It’s important to note that the specific damages recoverable in a car accident case depend on the unique circumstances of your situation.
How to Prove Liability in a New Mexico Car Accident Claim
Proving liability in a car accident case requires demonstrating the following:
- Owed duty of care: that the at-fault party owed a duty of care to you and others on the road to take reasonable measures to prevent injuries
- Breach of duty: they breached this duty through negligence, recklessness, or wrongdoing
- Sustained injuries: their breach of duty caused the accident and your injuries
- Suffered damages: you’ve suffered significant economic and non-economic damages from the injury
In liability cases such as Albuquerque car accidents, the injury victim is the plaintiff. A plaintiff in civil cases has the burden of proving liability through a preponderance of the evidence.In car accident cases, this requires proving that it’s more likely than not that the at-fault party caused the accident and injuries.
What Evidence Do I Need for My Car Accident Claim?
If you took photos at the accident scene and added the contact information of eyewitnesses it’s a big step forward for a successful accident claim. After the accident, always go directly to a hospital for a full medical evaluation. This provides evidence that your injuries occurred in the accident and not elsewhere.
Tell the doctor about every symptom, even if it seems minor. Ask your doctor for a detailed medical report with your injuries, the doctor’s treatment recommendations, and your prognosis for recovery.
Then, carefully follow your doctor’s recommendations. Be sure to go to every appointment and fill every prescription. Save all medical bills and receipts for related expenses.
It is important to avoid posting on social media until after your claim is settled as what you post could be used against you.
Consult With Our Albuquerque Car Accident Lawyer Today
If you or a loved one has been involved in a car accident, our experienced Albuquerque car accident attorney at Caruso Law Offices are here to help. We prioritize our clients’ well-being and strive to provide personalized attention throughout the legal process.
Our commitment is to obtain the compensation you deserve, so you to focus on your recovery and rebuild your life. Contact Caruso Law Offices today and learn how we can help you in getting justice and fair compensation.
Call or fill out our online contact form to reserve a free case consultation.
Frequently Asked Questions
How Do Contingency Fees Work With a Car Accident Attorney in Albuquerque?
Many motor vehicle accident attorneys in Albuquerque, New Mexico operate on a contingency fee basis. This means you don’t pay attorney’s fees upfront. Instead, the attorney takes a percentage of the settlement or judgment you receive.
If you don’t win the case, you typically won’t owe any attorney’s fees. It’s crucial to discuss and understand the fee structure with your attorney before you proceed with your case.
Are There Ever Extensions to the Statute of Limitations in New Mexico Car Accident Cases?
Under specific circumstances, the state may delay or “toll” the statute of limitations for filing a personal injury lawsuit after a car accident. Under New Mexico Statutes Chapter 37, the state describes limitations of actions and their exceptions.
Car accident injury lawsuits may come to court past the statute of limitations under the following circumstances:
- When there is delayed discovery of the injury; for example if a doctor diagnoses a victim’s nagging backache as a herniated disk from a car accident the victim experienced months ago, the statute of limitations begins on the date of discovery
- When a minor suffers injuries in a car accident they have up to three years from their 18th birthday to file a lawsuit
- If an accident victim is unconscious, in a coma, or otherwise incapacitated, the statute of limitations begins on the date they regain consciousness
- If an at-fault driver flees the state or remains unidentified, the statute of limitations begins on the date they are apprehended or identified
If you have questions about how the statute of limitations impacts your case, your attorney from Caruso Law Offices can help you with the specifics of your unique circumstances.
What If My Accident Involved A Commercial Vehicle Or Truck?
Accidents involving commercial vehicles or trucks can be notably complex due to the distinct regulations and potential multiple parties at fault. Whether it’s the truck driver, the trucking company, or the entity responsible for loading the cargo, determining liability requires specialized knowledge.
Our firm, Caruso Law Offices, has specialized Albuquerque truck accident attorneys experienced in these types of cases. They’re adept at navigating these complexities, gathering the necessary evidence, and robustly representing your interests against formidable trucking entities.
Do I Need An Albuquerque Accident Attorney If The Insurance Company Offers A Settlement?
It’s always wise to consult with an attorney before accepting any settlement offer. Insurance companies often aim to minimize payouts, and their initial offer might not adequately cover your damages, medical expenses, or future needs.
Our experienced car accident lawyers in Albuquerque can evaluate the offer, negotiate on your behalf, and ensure you receive the compensation you deserve.
How Is Fault Determined In Albuquerque For Car Accidents?
Albuquerque operates under the “pure comparative fault” system. This means that if you’re partially at fault for the accident, your compensation can be reduced by the percentage of fault attributed to you.
Investigators, insurance companies, or the courts will evaluate all evidence, including police reports, witness statements, and other relevant information, to determine the fault. Having an attorney can be instrumental in ensuring an accurate representation of the events leading up to the accident.
If I’ve Been In A Motorcycle-Related Collision, How Is This Different From Other Vehicle Accidents?
Motorcycle accidents often have unique circumstances given the vulnerabilities of riders and differing road dynamics. Determining liability, understanding the nuances of motorcycle laws, and advocating for fair compensation require specialized knowledge.
Caruso Law Offices has experienced Albuquerque motorcycle accident lawyers who are well-versed in handling these specific types of cases. They’re skilled in navigating the intricacies of motorcycle accidents, gathering pertinent evidence, and ensuring robust representation for your interests in such incidents.
Additional Resources in Albuquerque
- New Mexico Motor Vehicle Division: The Motor Vehicle Division (MVD) is responsible for the administration of vehicle registration, driver licensing, and other related services within the state of New Mexico.
- New Mexico Department of Transportation: Stay up to date on traffic safety with current road conditions and construction projects.
- Obtain Traffic Accident (Crash) Reports: If you’ve been involved in an accident, this link provides a form that will help you to obtain a Traffic Accident Report.