Pedestrian Accidents in Santa Fe, NM
More often than not, pedestrian accidents in Santa Fe 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
- Speeding
- 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 Santa Fe. 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 pedestrian accident will reveal who is at fault for your injuries. Your Santa Fe pedestrian accident 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 in NM?
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%.
Common Injuries in Pedestrian Accidents
Common injuries in pedestrian accidents include:
- Head and Traumatic Brain Injuries (TBI) – ranging from concussions to severe brain damage.
- Spinal Cord Injuries – leading to partial or complete paralysis in severe cases.
- Fractures and Broken Bones – particularly in the legs, arms, ribs, and pelvis.
- Internal Injuries – damage to organs such as the liver, spleen, or lungs.
- Lacerations and Abrasions – including deep cuts and road rash.
- Soft Tissue Injuries – sprains, strains, and torn ligaments.
- Neck and Back Injuries – including whiplash or herniated discs.
- Amputations – severe impacts can result in limb loss.
- Facial Injuries – fractures, dental injuries, and disfigurement.
- Psychological Trauma – PTSD, anxiety, and depression from the accident.
Each injury can vary in severity and may require extensive medical care and rehabilitation.
Compensation for Santa Fe Pedestrian Accidents
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
- Nuisance
- Damage to your reputation
- Scarring
How To Prevent A Pedestrian Accident
- Pedestrians should use crosswalks and look both ways
- Drivers should look for children, especially around schools or on Halloween
- Pedestrians should use a flashlight and wear reflective clothing.
Even with all of the precautions and good intentions, accidents happen. If you have been injured due to one of these accidents, you deserve to be compensated. Our pedestrian accident attorneys fight not only for justice but also for the compensation your pain and suffering deserve.
