When you were young, you probably learned to look both ways before crossing the road to ensure you did not get hit by a car. Unfortunately, drivers do not always use common sense behind the wheel, which can be hazardous to pedestrians. Accidents involving people on foot can result in life-altering and even life-threatening injuries.
If a motor vehicle struck you while you were on foot, you should be aware that you have legal rights. A dedicated Albuquerque pedestrian accident lawyer could meet with you to explain your legal options and let you know if filing a personal injury lawsuit is a viable option.
Incidents involving cars hitting pedestrians happen frequently. These types of accidents can occur anywhere and anytime a person is walking in an area with cars or trucks.
Most frequently, they occur at intersections with or without dedicated crosswalks in busy urban areas with heavy foot and vehicle traffic. Drivers need to pay as much attention to people on foot as they do to people in other vehicles. Many motorists take the time to check for oncoming vehicle traffic before turning or entering an intersection, yet they neglect to look for pedestrians. Although people on foot are harder to see due to their smaller statures and size than cars, that is not an excuse for negligence. Drivers who speed through red lights or stop signs or fail to yield the right of way to a pedestrian in a crosswalk are at fault. These accidents can occur when motorists are in a rush, distracted, drowsy, or drunk.
Another dangerous place for pedestrians is in parking lots, where there is always a great deal of activity going on at the same time. Walkers can be in a rush to get back to their cars, and drivers might also be in a rush or distracted. Drivers can hit someone when they back out of their parking spot without checking in their rearview mirror for pedestrians.
People can even be at risk of experiencing great harm from a car when on a sidewalk or in a dedicated pedestrian area. If a driver is distracted, such as by a text on their phone, they might veer out of their lane and onto a sidewalk. Similarly, a drunk or drugged driver might lose control of their vehicle and drive into the path of a walker.
Regardless of where or how a car strikes a walker, the injured pedestrian deserves justice. A skilled pedestrian collision attorney from Albuquerque could help.
When an automobile strikes a human being, the resulting injuries are often devastating. Some of the injuries that can occur include:
Sadly, because people have no built-in protections to shield them from the impact of a colliding car, pedestrian accidents can result in fatalities. Compassionate and determined attorneys from Albuquerque know how to help surviving family members of deceased pedestrians pursue accountability in wrongful death lawsuits.
Once you are stabilized, contact an attorney to discuss your pedestrian accident. Your attorney will gather and assess evidence, which includes police reports, medical diagnoses, witness statements, cell phone or surveillance videos and pictures, and consultation with expert witnesses if necessary.
There is a time limit to file your claim, and your attorney ensures your claim is backed by a strong case and filed before the deadline. This may be accomplished while negotiating with an insurance company to get you a suitable settlement commensurate with your injuries. Your attorney will advocate for you in court if settlement talks are unproductive and share your elation with a win.
New Mexico is a deadly state for pedestrians. Those who endure devastating injuries are entitled to compensation from the party that caused them. Compensatory damages are economic and non-economic.
Economic damages compensate injured pedestrians for the money they lose by being involved in an accident. This includes lost wages, emergency medical care, continuing medical care and rehabilitation, lost wages while recuperating, and property damage.
Non-economic damages do not come with a price tag, but the jury assigns a value to subjective losses, such as pain and suffering, disfigurement, emotional trauma, reduced quality of life from becoming disabled, loss of consortium, and loss of the enjoyment of life.
Injured pedestrians may also be able to ask for exemplary damages, also known as punitive damages, because they are granted separately and meant to punish a wrongdoer rather than compensate the pedestrian for losses. The pedestrian must show that the motorist acted wantonly, recklessly, and with disregard for human life, which can range from previous offenses to intentionally hitting the pedestrian.
While many states cap punitive damages, New Mexico does not, although they are not awarded in cases involving government entities.
New Mexico is known as a plaintiff-friendly state, and this is evidenced by the way the law views fault. New Mexico Statutes Annotated § 41-3A-1 explains how the pure comparative negligence rule works when an injured pedestrian is partially responsible for their accident. The percentage of fault allocated by the jury to the pedestrian is the percentage deducted from the damages award. Pedestrians who are 99 percent responsible for an accident can still collect one percent of the compensation awarded.
In New Mexico, you generally have three years from the date of the accident to file a personal injury lawsuit, but there are some narrow exceptions.
It depends on the complexity of your case. Some minor pedestrian accidents in which a motorist is clearly at fault could settle within a couple of months. More complex claims could take several months to settle, and if your claim is litigated, it could take more than a year to resolve.
Generally, your personal injury attorney has physicians in their network who could treat you immediately. The cost can be deducted from the compensation you are awarded, since medical care is an element of economic damages.
No. Your attorney must plead them separately, and although they are rare, if you believe your attorney can prove that the motorist’s actions were egregious, you should consult with them about the appropriateness in your case.
If a careless driver struck you or your loved one, you are probably facing a challenging recovery. While you focus on getting better both physically and emotionally, a seasoned Albuquerque pedestrian accident lawyer could help you pursue financial compensation from the person responsible for your accident.
Call our firm today to set up an initial consultation.
