Personal Injury Attorney in Albuquerque

Albuquerque is a city known for beautiful mountains, hot air balloon rides, and great food. Unfortunately, Duke City is also known for its high crime rate and high rate of car accidents. The Southwestern town has more pedestrian accidents than any other city in the country. Anyone who has ever taken a drive down Menaul Boulevard at night knows that drag racing is not unheard of here. 

If you have been injured in an accident, you will need a personal injury attorney to help you get the money you deserve for your injuries. 1-800-Injured is a Lawyer & Medical Directory.

Before you begin your search, there are a few things you should know about having a car crash in New Mexico, car accident claims, and personal injury lawsuits.

Important Facts about Car Accident Claims

There are two types of insurance rules in the United States, tort and no-fault. In a no-fault state, a person’s own insurance company will pay their accident-related bills no matter whose fault the accident is. In a tort state, the person who causes an accident is responsible for paying the bills. 

New Mexico is a tort state. Furthermore, it is a pure comparative fault state. This means that each driver is responsible for the percentage of the accident that they caused. For example, if you are 30% responsible for an accident and the other driver was 70% responsible, you would pay for 30% of their accident-related bills and their insurance would pay for 70% of your accident-related bills.

What are the Common Causes of Car Accidents in Albuquerque?

Many different behaviors might cause a person to have an accident. In some cases, the roads might be in ill repair, and in other cases, accidents may be caused by weather. The majority of car accidents are caused by driving mistakes, poor auto maintenance, or flaws in the design of a vehicle.

Speeding 

The Land of Tomorrow is known for its laid-back attitude. However, that does not stop drivers from trying to get where they are going in a hurry. Speeding is a leading cause of traffic accidents, no matter where you are in the country. 

The faster a vehicle is traveling, the harder the impact will be when it hits another vehicle. If a large vehicle, such as a truck, hits a smaller car, such as a sedan, the impact will be even greater. According to the National Safety Council, speeding was a factor in 29% of all accidents in the year 2020. 

If a car you collided with was speeding, an Albuquerque car accident lawyer will have a good chance of getting money for you. 

Drunk Driving 

When a person is under the influence of alcohol or drugs, their eyesight, reaction time, and motor skills are impacted. The person who is driving drunk may not see obstacles in their way, and they may not be able to stop in time when they see a red light or a stop sign. If someone jumps out in front of them, they will not be able to react quickly enough to stop their vehicle.

If a person has an accident when they are drunk, they are certain to be asked to take a breathalyzer test. If they refuse to take a breathalyzer test, their driver’s license will be suspended for up to a year.

An insurance company will consider a DUI conviction when determining fault in an accident. Auto accident attorneys will always use DUI as evidence in a personal injury case.

Distracted Driving 

Distracted driving has always been a problem in the United States. People have accidents when they are fiddling with a radio or paying attention to what is going on on the sidewalk instead of what is going on in the street.

When cell phones came along, it increased the problem. Most states have laws forbidding driving while texting. The state of New Mexico prohibits texting while driving even if you are at a stoplight. Drivers are fined $25 for the first offense and $50 for the second offense. Despite the law, people drive and text every day in Albuquerque.

Driving and texting can be difficult to prove in a personal injury case. When you have had an accident, it is important to take pictures at the scene. When you are taking pictures, be sure to look at the passenger seat of the car that hit you. A driver who has been texting will often leave their phone on the seat next to them. A photo can be considered evidence of this.

A personal injury attorney can get more evidence than you would ever be able to get on your own. Lawyers can subpoena records. They can subpoena a person’s cell phone records and find out if there was any activity on their phone at the exact time of an accident.

Aggressive Driving 

Aggressive driving is defined as participating in certain driving behaviors that endanger other people. It often happens when a driver is In a rush to get to work or becomes angry because another driver has cut them off in traffic. They may start to speed or they may weave in and out of traffic with no regard for other drivers.

Witnesses are key to proving that a person was driving aggressively. It is always very important to get the names and numbers of any witnesses at the scene of an accident. You can also ask businesses in the area if they have security cameras that may have captured what happened. A traffic camera may also be of use in such a case.

Types of Damages Victims Can Recover 

A victim of a car accident is certain to be in a lot of pain. They might need surgery and they are certain to have multiple doctor appointments. In most cases, a person who is injured will have to go to physical therapy. Physical therapy is one of the most painful experiences that a person can have. 

Recovering from an accident is also very painful and time-consuming. Not only will you have medical bills piling up, but you will miss time away from work and lose income. Hence, it is very important to document your expenses as you go through the process of recovering. There are certain car accident damages that a person should be able to recover from an at-fault driver’s insurance company.

Compensation for Vehicle Damages

When you are in an injury accident, there is almost certain to be damage to your car. If another person causes an accident, their insurance should pay for repairs to your car. If the car is totaled, The insurance should pay for the value of your car. The value will be determined by the insurance company.

Medical Expenses

A car accident can result in broken bones, head injury, and spinal injury. There is a good chance that you will need surgery, Multiple doctor’s appointments, and physical therapy. You want to save the bills from any kind of medical treatment you get.

Lost Wages 

Have the HR department of the company you work for prepare documentation of the hours that you have missed and the amount of money you have missed as a result. If you are self-employed, you should write a letter yourself and make a copy of your tax return from the previous year.

Other Expenses 

You may require assistance with child care and house cleaning after you have been injured in a collision. People are often unable to drive for themselves after having been in an accident. You may require ridesharing services. Save a copy of the bills for any extra services you need. 

Non-Economic Damages 

People who have been in a very serious accident are often left permanently disfigured or disabled. This can affect their quality of life. It can also cause them to have depression and anxiety. In some cases, a person will suffer Post-Traumatic Stress Disorder after an injury. 

Keep a journal of your daily life and the way your accident has impacted it. You should also talk to a mental health professional who can evaluate you and write a detailed report.

The seasoned attorneys you will find in 1-800-injured will have established relationships with experts who will be able to evaluate your case.

Filing an Insurance Claim

When You are injured in a car accident due to the fault of another person, you will contact that person’s insurance company and file an insurance claim. You will provide them with all documentation of your accident and they will assign your case to an insurance adjuster. The adjuster will investigate the case and decide whether or not they can pay the claim.

An insurance adjuster will look at the police report, witness statements, and any pictures that were taken of the accident. If a personal injury case goes to court, the jury will look at the same evidence as well as expert testimony.

Because fault is a factor in a New Mexico car accident, it is very important to establish who is responsible for any collision. Your insurance company will look for evidence that the other driver caused the crash and their insurance company is going to try to establish that you are at fault or at least partly responsible.

Insurance Settlements

If an insurance adjuster approves of a claim, they will make you a settlement offer. You should always speak to a trained attorney before you accept an insurance settlement. 

Why You Should Hire a Lawyer After a Car Accident

Insurance companies are notoriously tight-fisted when it comes to paying settlement money. Their initial settlement offer for your auto accident claim is likely to be too low.

The car accident lawyers on our site are very knowledgeable about insurance laws in New Mexico. They know exactly how much certain injuries should be worth. They can read over your settlement offer and tell you if It is fair. If it is not fair, they can negotiate with the insurance company on your behalf. They will work diligently to get you the amount of money you need to move on with your life.

Most personal injury claims are settled in court. However, if a settlement is not reached through negotiations, you may want to sue. The car accident attorneys listed on our site will give you the aggressive representation you need in court. They are seasoned litigators who have proven track records of wins.

Wrongful Death After an Accident

Car accident victims sometimes do not survive a crash. 40 people lost their lives in the city of Albuquerque in 2022 alone. Losing a loved one to an automobile accident is very painful. A personal injury lawsuit for wrongful death is often filed in this case. In the state of New Mexico, only the personal representative of the decedent’s estate can file a wrongful death claim. However, the beneficiaries of the claim can include:

• Spouses
• Children 
• Grandchildren
• Siblings
• Parents
• Grandparents.

There are a few different kinds of damages a person can collect in a wrongful death case. As with a personal injury claim, you must back up these damages with documentation. You have three years to file a wrongful death claim in New Mexico. 

Loss of Income

If you have lost a spouse or parents to an accident, You have not only lost their love and companionship, you have lost needed income as well. You are entitled to compensation for the amount of money that they would have made in your lifetime.

Loss of Service and Support

When you live with someone, you have certain chores that each of you does around the house. When you lose that person to an accident, you may have to pay someone to provide the household services that the deceased person did when they were alive. Hence, you are entitled to compensation for this added expense.

Mental Distress 

Losing a partner can cause someone to experience anxiety because of all the extra stress in their lives. For example, a person may experience extra stress because they have to parent children alone after their partner dies. A child may have to put themselves through college after they have lost a parent. 

Loss of Companionship and Emotional Support

When a person loses a husband or wife, they lose the person that they thought they were going to be with forever. They lose an intimate partner and a confidant. You are entitled to compensation for your emotional pain and suffering.

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