Causes of Pedestrian Accidents in Albuquerque
More often than not, pedestrian accidents in Albuquerque are caused by negligent drivers. Negligent or unsafe driving can take many forms. But some of the most common ways drivers cause pedestrian accidents include:
- Failure to yield
- Failure to stop
- Road rage
- Following too closely
- Illegal turns
- Failure to use a turn signal
- Drunk or drugged driving
- Distracted driving
- Driving while fatigued
When reckless drivers cause your injuries, you might file a claim with their insurance company. This is because New Mexico is a fault state for car accidents and insurance purposes. You can also file a claim in civil court to ensure you are getting the most out of your claim.
But you might be surprised to learn that negligent drivers are not the only party who could be at fault for a pedestrian accident in Albuquerque. Defective parts cause some car accidents. Hazardous road conditions cause others. The details of your case will determine who is at fault for your injuries. Some other parties who may be responsible for your pedestrian accident injuries are:
- Safety inspectors
- Auto parts producers
- Auto parts distributors
- Auto parts designers
- Car dealerships
- The New Mexico Department of Transportation
- Other government agencies
An in-depth analysis of your accident will reveal who is at fault for your injuries. Your Albuquerque lawyer will ensure that all parties who contributed to your accident are named in your claim. This will help to secure the injury settlement you are entitled to.
Can Pedestrians Share Fault for An Accident?
It is more common than you might think for pedestrians to share fault for the injuries they sustain. You might have failed to cross the street in a crosswalk, for example. Or maybe you did not wait for the light to turn. Failing to follow traffic laws is one of the most common causes of pedestrian accidents.
Still, sharing fault will not prevent you from being awarded compensation. This is because New Mexico is a pure comparative negligence state. Here, even if you are ninety-nine percent at fault for the injuries you sustained, you can be awarded the one percent of fault that is not your burden.
With that being said, you still need to be held accountable for your own portion of fault. You can expect your injury settlement to be reduced. Let’s say you were found to be 10% at fault. You should expect your award to be reduced by 10%.
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*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
How Are Injured Pedestrians Compensated?
The thought of pursuing a lawsuit is probably exhausting. But you have the right to be made whole when someone else causes your injuries. This means you should be repaid for all of the ways your life has been turned upside down by your injuries.
Financial losses, also called economic damages, are the losses that have directly impacted you financially. These might include:
- Medical expenses and equipment
- Loss of income
- Diminished earning capacity
- Loss of household services
- Property damages
Non-economic damages consist of the other ways your life has been affected. These do not have a monetary value. But they are usually far more impactful than economic damages. For this reason, they should be treated as such when calculating the value of your pedestrian accident claim.
Some common non-economic damages you could be awarded include:
- Physical pain
- Emotional suffering
- Loss of enjoyment of life
- Loss of closeness and love
- Loss of guidance and support
- Damage to your reputation
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Albuquerque Pedestrian Accident FAQ
No one ever expects to be struck by a car while walking. But a recent Governors Highway Safety Association report ranked New Mexico as having the highest pedestrian fatalities per capita in 2019. And it has been that way for the past five years. With so much at stake for the victims and their families, our attorneys want to ensure your questions get answered.
What is the statute of limitations for a pedestrian accident?
Every personal injury lawsuit has a deadline. Your New Mexico pedestrian accident claim must be filed before the three-year statute of limitations expires. If you fail to do so, the judge will have no other option but to dismiss your case. Your attorney can help you figure out when the statute of limitations, and other important deadlines, expire and ensure your lawsuit is filed before time runs out.
Should I give the insurance company a statement?
No, it is never a good idea to give the insurance company a statement without legal help. The insurance company has one goal in requesting your statement— to figure out if and how they can get out of paying. If you want to protect yourself from being taken advantage of, have your Albuquerque pedestrian accident lawyer handle the negotiations.
Will I have to go to court?
It is possible. In some cases, you may be able to settle your claim outside of court. But the insurance company and at-fault party would need to be willing to meet your financial needs. Insurance companies are only typically required to compensate victims for property damage and medical expenses. But you know your life has been affected in many other ways. To maximize your injury settlement, going to court could be your best option.