As a pedestrian, if a vehicle hits you, it can leave you with serious injuries and medical bills. New Mexico Accident Firm (NMAF) could help you with filing a pedestrian accident case in Albuquerque to recover compensation for your losses. Our experienced pedestrian accident attorneys understand how the legal process works, so you can make better decisions about your case.
Many accidents happen because drivers are not paying attention. They might be on their phone, eating food, or adjusting their radio, and they do not see a pedestrian in time to avoid them. Sometimes, drivers do not yield at crosswalks, which violates the law and can also cause serious accidents. Speeding drivers have far less time to react if a pedestrian steps into the road, while drivers under the influence of alcohol or drugs can cause some of the deadliest pedestrian accidents we see. Additionally, poor visibility, especially at night, makes crashes even more likely. When a vehicle causes you harm as a pedestrian, our Albuquerque lawyers could help you file a case regardless of why the driver hit you.
Crosswalk accidents are most common, along with pedestrian accidents in parking lots. Hit-and-run accidents require uninsured motorist coverage. Backing accidents often involve limited visibility. NMAF could advise you on the type of evidence and legal strategies you will need when filing a claim for any of these types of pedestrian accidents.
Our firm could investigate your accident to establish who was at fault, which could include obtaining police reports, traffic camera footage, and witness statements. You would typically file a claim against the driver who causes the accident, but employer liability applies if the driver was working at the time of your accident. Municipal liability exists for dangerous road conditions, although special rules and shorter deadlines apply in these cases. In Albuquerque, you can file a claim against any of the parties who bear responsibility for the injuries you sustain if a driver hits you while you are walking.
Pedestrian accidents can result in serious injuries, such as:
In addition, internal injuries may not show immediate symptoms but can be life-threatening. When filing a claim for injuries you sustained as a pedestrian in Albuquerque, you must have a clear understanding of your losses. Legal damages are generally divided into two main types: economic and non-economic.
It is important to note that the severity and permanence of injuries, such as permanent disabilities or significant scarring, can lead to a substantial increase in both economic (future medical needs and loss of earning capacity) and non-economic damages (pain, suffering, and reduced quality of life). An experienced attorney could help assess and quantify these damages to ensure you receive fair compensation.
Most cases settle before trial. Your attorney may send a demand letter to the relevant insurance company, though insurance companies typically make low initial offers. Negotiations continue until all parties agree on a fair settlement or the case proceeds to trial. Mediation is an option and involves a neutral third party facilitating discussions aimed at settling disputes. You must approve a settlement to resolve the case in this manner.
Disputed liability is common in pedestrian cases. Drivers often claim that the pedestrian they hit appeared suddenly or violated traffic laws. Pre-existing conditions can complicate injury claims, and insurance policy limits may cap available compensation.
It is important that you choose an attorney who is experienced in pedestrian accident claims. We know how to address any challenges in your case and identify whether a settlement is fair.
Some cases settle quickly, while others require litigation. Cases may take months or years to resolve, but our lawyers could provide realistic timeline estimates and handle all the legal work on your behalf so you can focus on recovery.
To ensure that you receive fair compensation that covers all your losses, you must document everything related to your accident and injuries. Keep all medical bills and treatment records. Follow all doctor orders and treatment plans. Your recovery directly impacts the value of your case. It is also important that you avoid posting about your accident or activities on social media.
If you sustained injuries as a pedestrian, contact our lawyers at NMAF for a consultation. Our experienced team could guide you through filing a pedestrian accident case in Albuquerque. Call us today.
