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 protect your rights at all times.

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 in order to 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 has to be proven. Evidence gathered to prove fault may include:

• Police Reports: In these reports, law enforcement can 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.

Vital Steps to Take After a Rear-End Accident in Albuquerque

Serious injuries are more likely when the collision happens at higher speeds. After a rear-end crash, you should:

1. Safely move out of the way of oncoming traffic, especially on busy routes, such as on the “Big I” and on Interstate 25 and Interstate 40. Don’t leave the scene of the accident unless you medically need to.

   Don’t admit fault for anything to anyone during this time. If you do, it may be held against you later on in your case and could jeopardize the outcome.

2. Contact the Albuquerque Police Department or Bernalillo County Sheriff’s Office by calling 911 to report the accident. Doing so allows officers to make an official incident report, which is vital evidence during your future legal case.
3. Collect the insurance and contact information of the other parties involved in the accident, including the contact information of any eyewitnesses.

   If the other driver doesn’t want to cooperate with you, don’t bicker with them. If you do, it may escalate the tense situation and make them not want to cooperate with you later on in your legal case. Instead, wait for the police to arrive at the scene and explain the situation to them. Have law enforcement collect the contact information on your behalf.

   If the other driver attempts to flee before the police arrive, take photos of their car make and model and license plate number. You can then give that evidence to the police, along with a physical description of the driver, to help track them down.

4. Get medical treatment, both at the scene from emergency responders and later from a hospital. The Presbyterian Hospital is located at 1100 Central Avenue Southeast.

   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 gives you documentation of your injuries and connects them to the collision. This is helpful for civil claims in rear-end accident cases.

5. Gather evidence at the scene of the accident while waiting for first responders to arrive at the site. This includes taking photos of skid marks, license plates of the cars involved in the crash, positioning of the vehicles, property damage caused by the accident, your visible injuries, and damage to your car and other personal items, such as your clothing or bag.

   This documentation is crucial for your civil claim later on, as it can help provide clarity to the courts about what occurred at the time of the crash. If you don’t take photos, the evidence is likely to be altered or erased soon afterward, and it can make it difficult to recover compensation for what you experienced and the pain you suffered.

   Your attorney can later work with a professional crash reconstructionist to provide them with the evidence you took at the scene, alongside the police’s official incident report, to recreate the crash in a digital format using mathematical equations to determine the likely cause and person responsible for the accident.

6. Hire a lawyer after being medically cleared. An attorney can explain your rights and legal options.
7. Notify your insurance company of the crash. An insurance adjuster may reach out to you to collect more information about the incident. During this time, don’t speculate about the cause of the crash or admit that you had any fault in the accident. Doing so may bar you from receiving any compensation.

Instead, only provide basic facts about the crash, such as the names of the people involved and the date and area it occurred. If the insurance company wants you to make a written legal statement or answer questions while recording, only do so with your attorney present. They can help you avoid saying the wrong things.

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 due to unforeseen 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, Driving too closely to another vehicle, can make it much harder for the following driver to respond to changes, like sudden stops.
• Distracted driving, Taking 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, Makes it take longer for a driver to slow or stop.
• Vehicle malfunctions, This can include brake and tire failures or broken brake lights.
• Fatigued driving, This causes drivers to react more slowly or even fall asleep at the wheel.
• Driving under the influence, This can increase the likelihood of dangerous decisions on the road and limit reaction speeds.

FAQs

Q: Do I Need a Lawyer After Getting Rear-Ended?

A: 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 optimum financial compensation. They can also defend you from accusations of fault.

Q: What Should You Not Say to an Injury Lawyer During a Rear-End Accident Claim?

A: 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.

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

A: 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.

Hire a Rear-End Accident Lawyer From Berenson & Associates, PC to Represent You

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 optimize their compensation and seek the justice they deserve.