Albuquerque Rear-End Accident Lawyer

Rear-End Accident Attorney in Albuquerque, NM

Rear-end collisions are some of the most common types of car accidents found across Albuquerque. These tragic accidents can leave victims to manage serious injuries, especially when they occur at high speeds. While the rear driver is typically presumed responsible for causing the accident, this is not always the case. It’s important to hire an Albuquerque rear-end accident lawyer to uncover the truth and ensure your rights are protected at all times.

At Berenson & Associates, PC, we understand that the combination of physical, emotional, and financial burdens from a rear-end accident can make your life incredibly stressful. Even if the accident was minor, it can still leave you with serious legal issues to resolve. While the insurance companies might try to minimize your payout or shift the blame, our Albuquerque car accident lawyers are here to support you and earn what you are rightfully owed.

How Is Fault Determined in Rear-End Accidents?

After a rear-end accident in Albuquerque, it’s vital to determine who was at fault. This can often be challenging, as liability is not always straightforward, and it could be shared by multiple people.

Some things to consider when determining fault include:

1. The Presumption of Fault

In most rear-end accidents, the driver behind the other vehicle is considered at fault under the assumption that they were driving too closely or were distracted and could not stop quickly enough. In New Mexico, drivers are required to keep a safe distance from cars ahead of them to ensure they have enough time to react to any sudden stops. If a driver fails to do this, they may be deemed negligent.

2. Exceptions to the Rule

While the rear driver is responsible in many cases, there is also the possibility that the other driver could share some of the liability. This would include scenarios where:

• The front driver slammed on their brakes for no valid reason. This happens sometimes in road rage incidents when the front driver is frustrated with the person behind them.
• If the leading vehicle’s brake lights malfunctioned, the rear driver may have genuinely not had enough warning to slow down.
• A sudden reversal from the front driver for no apparent reason.
• Chain-reaction collisions, such as a multi-car pileup, could lead to fault being distributed among multiple drivers.

3. Evidence Used to Prove Fault

Regardless of the number of liable parties, fault will need to be proven. Evidence gathered to prove fault may include:

• Police Reports: In these reports, law enforcement will detail what they saw at the scene of the incident and whether any citations were issued.
• Witness Statements: Anyone who observed what happened and doesn’t have a stake in the outcome of the case can be a highly trusted source for a statement.
• Traffic camera or dashcam footage: If there is direct video evidence of what happened, this can make it difficult for someone who caused the accident to talk themselves out of liability.
• Vehicle damage analysis: The location and severity of the damage can provide greater insight into how fast vehicles were driving at the time of impact.

Types of Rear-End Accident Injuries in Albuquerque

In New Mexico, there were 10,634 rear-end accidents in 2023, 7,160 of which resulted in only property damage, according to the New Mexico Department of Transportation (NMDOT). Throughout the state, rear-end collisions made up ⅓ of all vehicle crashes, and they were the most common cause of accidents by manner of collision. There were a total of 13,547 vehicle collisions in Albuquerque.

Rear-end accidents led to 3,403 injury accidents and 71 fatal accidents, according to NMDOT. Some of the common injuries sustained in these crashes include:

• Bruises
• Cuts
• Soft tissue injuries
• Whiplash
• Other neck injuries
• Concussions
• Other traumatic brain injuries
• Joint injuries
• Fractures
• Spinal injuries
• Spinal cord injuries

Serious injuries are more likely when the collision happens at higher speeds. After a rear-end crash, you should get medical treatment, both at the scene from emergency responders and later from a hospital. The Presbyterian Hospital is located at 1100 Central Avenue SE.

Even if you don’t think you were injured, it is essential to get your injuries checked out. A medical professional is equipped to look for injuries you didn’t notice due to shock or delayed symptoms. Getting medical care also ensures documentation of your injuries and connects them to the collision. This is helpful for civil claims in rear-end accident cases.

What Causes Most Rear-End Collisions in Albuquerque?

Rear-end collisions frequently happen at intersections and during unexpected congestion. They can also occur during sudden stops on roads from new hazards. When drivers take proper care while driving, these accidents are less likely. However, negligent actions by drivers make these accidents more likely. Rear-end collisions can be caused by:

• Tailgating, or driving too closely to another vehicle, can make it much harder for the following driver to respond to changes, like sudden stops.
• Distracted driving, which takes a driver’s focus off the road. This can mean they aren’t looking when a driver brakes or there are other changes on the road.
• Speeding, which makes it take longer for a driver to slow or stop.
• Vehicle malfunctions, such as brake and tire failures or broken brake lights.
• Fatigued driving, which can cause drivers to react more slowly or even fall asleep at the wheel.
• Driving under the influence, which can increase the likelihood of dangerous decisions on the road and limit reaction speeds.

FAQs About Rear-End Accidents

Do I Need a Lawyer After Getting Rear-Ended?

Although not required, it is very helpful to hire a rear-end accident lawyer, as they can navigate the state’s rear-end accident laws. While it may seem obvious to you that the other driver is at fault, insurance companies may not see it this way. An Albuquerque rear-end accident attorney can build a strong case to recover the maximum financial compensation possible. They can also defend you from accusations of fault.

What Should You Not Say to an Injury Lawyer?

When you discuss your case with an Albuquerque injury lawyer, you should not devalue your injuries and other damages. Instead, be straightforward with your attorney about the cost and impact of your injuries and other losses, such as how being unable to use your vehicle has impacted your work or other aspects of your life.

How Much Does It Cost to Repair a Vehicle After a Rear-End Accident?

The cost of repairing a vehicle after a rear-end accident depends on the extent of the damage it sustained. When you get a repair estimate, it is crucial to keep that documentation, as it can help you recover the cost of repairing your vehicle. You can do this in an insurance claim against an at-fault driver.

Contact an Albuquerque Injury Lawyer from Berenson & Associates, PC, Today

If you have recently been involved in a rear-end collision, contact our firm today. We are standing by, ready to help our next client maximize their compensation and seek the justice they deserve.