Winning a Rear End Albuquerque Auto Accident


October 10, 2018

 by Caruso Law Offices, P.C. | 

How to Win a Rear End Albuquerque Auto Accident: New Mexico Auto Accident Lawyer Explains

Even if we are not a lawyer, we know that a vehicle which hits another vehicle from behind is likely at fault for the crash.  This is helpful to a victim who is hurt in a rear end auto accident because a jury of your peers will also likely know this.  This is statutorily required.  In fact, NM Stat Section 66-7-318 requires under subdivision (A) that “[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.”  When a victim is injured in a rear end Albuquerque auto accident, he or she may be entitled to compensation for his or her injuries from the vehicle which hits him or her from behind.  

This is because a vehicle causing a rear end crash is the vehicle who can stop to avoid the crash.  If a vehicle causes a rear end collision, it is likely that the driver and owner of that vehicle will be liable to any person injured in the auto accident.  This is due to the negligence per se doctrine, which automatically finds a defendant liable for the auto accident when a statute that is meant to protect the victim is violated.  Here, our experienced Albuquerque auto accident lawyer at the Mark Caruso can apply this doctrine to prove your case.  

Winning a Rear End Albuquerque Auto Accident Case

In addition to the New Mexico statute for following too closely and the doctrine of negligence per se, a victim can win a rear end auto accident case in other ways.  This includes through the common law cause of action for negligence.  Victims can use this be demonstrating that a defendant failed to use reasonable care under the circumstances in the use and operation of his or her vehicle.

Some ways to prove that a victim failed to use reasonable care in the use and operation of his or her vehicle which resulted in a rear end collision include the following:

  • Distracted driving such as using cell phones, GPS, laptops, tablets, the radio, scuffling papers, using a map, or other actions other than driving;
  • Speeding above the limit which makes it harder to stop in time;
  • Following too slowly in inclement weather which makes reactions slower or affects how a vehicle stops, like during rain, snow, ice, or dust storms;
  • Fatigued driving which results in delayed reactions;
  • Falling asleep at the wheel;
  • Failing to use eyeglasses or contacts;
  • Improperly maintaining a vehicle’s tires or brakes causing a rear end collision;
  • Drunk driving;
  • Drugged driving; and
  • Other causes which could result in a rear end collision.

Injured in a Rear End Albuquerque Auto Accident?  Our Firm Can Help

If you or a loved one have been seriously injured in a New Mexico car crash such as a read end collision, please call our Albuquerque auto accident lawyer to learn how we can help protect your rights to compensation today by dialing (505) 308-1556.  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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