
While occasional fender benders may be simple annoyances, other car accidents can involve high-impact crashes and result in catastrophic injuries. All it takes is a drunk driver behind the wheel or someone distracted by texting while driving for an individual’s life to turn upside down. If this unfortunate event happens to you, it is vital to gain the support of an Albuquerque car accident lawyer.
For many of us in New Mexico, driving is such an integral part of our daily routine that we often do not think about the potential for danger on the roads. While most car trips are uneventful, you can never truly predict when a routine drive will lead to a car accident. At Berenson & Associates, PC, our Albuquerque personal injury lawyers help people who have been injured in motor vehicle accidents.

If you have been injured due to a negligent, reckless, or careless driver, you don’t have to deal with your injuries alone. An experienced Albuquerque auto accident lawyer at Berenson & Associates, PC, is ready to work hard for you and help you fight for the compensation you need to recover after common causes such as:
We also have a vast knowledge of insurance issues related to car accidents and can help you navigate the often complex environment after an accident.
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According to the National Highway Traffic Safety Administration (NHTSA) data, approximately three million people in the United States are injured in car accidents each year. Ranging from minor cuts and scrapes to life-threatening brain injuries, a car accident can cause a person to suffer injury to nearly any part of their body in the event of a collision, including such injuries as:
While more serious injuries typically result from significant collisions, even relatively mild fender benders can cause a person to suffer lifelong debilitation under the right circumstances. After a car accident, you must seek a thorough medical evaluation because some injuries may not be evident at first.
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“Wondering about what law firm you should obtain for your case? Have questions about your case? I highly recommend Berenson & Associates. I was involved in car accident that I was not as fault. I called Berenson law associates and they took my case seriously. Rachel, Jordan, Rocio all were very helpful, professional. Thank you again everyone at Berenson & Associates.” – Justin Cansino Via Google Reviews
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“I highly recommend Rachel Berenson and associates this has been my second time choosing this firm to represent me and I have not been disappointed once. I appreciate the hard work and dedication Rachel and her associates had given and put into my case. This firm is very professional and very kind. Thank you to Ms. Berenson and Associates for your legal representation.” – Latoya C Via Yelp
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“Rachel is fantastic! She works in a timely manner and does what she says she is going to do. I highly recommend Rachel and her team. She returns emails and phone calls. She is a kind and treats her clients well.” – Codi Via Avvo
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Under state law, drivers in New Mexico must have auto liability insurance, depending on the type of vehicle driven. To be “properly insured” under state law, you must meet the minimum coverage requirements.
Liability insurance protects other drivers if you are at fault in an accident. This insurance doesn’t cover your vehicle but will cover bodily injury and property damage that others may sustain in the accident.
In New Mexico, the minimum amounts are:
This liability coverage pays the injured parties’ medical and property damage bills and other costs. Often, drivers will carry more than the minimum amount of coverage required because once policy limits are exhausted, you may be personally responsible for paying the balance.
In 2021, the news in New Mexico was covered in reporting of traffic fatalities. Data has shown that 2021 was the deadliest year for traffic fatalities in New Mexico. Compared to previous years, traffic fatalities increased significantly to a total of 470 fatalities on New Mexico roadways.
Speeding, aggressive driving, and distracted driving are the most common contributing factors to fatal car accidents. Although still too high, fatalities caused by drunk driving decreased in 2021, the lowest rate in two decades.
| Year | Total Fatalities | Alcohol-involved Fatalities | Unbelted Fatalities | Under 21 (15-20) with a BAC |
| 2024 | 122 | 22 | 37 | – |
| 2023 | 114 | 46 | 27 | 2 |
| 2022 | 109 | 45 | 35 | 3 |
| 2021 | 143 | 48 | 32 | 1 |
| 2020 | 109 | 36 | 39 | 4 |
Source: The University of New Mexico

Data suggests that Albuquerque had an increase in congestion level, rising to 17%, increasing the average travel time by two minutes per day. New Mexico has one of the highest speed limits in the United States, at a maximum of 75 miles per hour on freeways and interstates and 55 miles per hour in residential areas. Combined with increased overall traffic, New Mexico sees hundreds of crashes involving pedestrians, passenger vehicles, large commercial vehicles, and motorcycles.
New Mexico has three interstate routes that span the state lines. Interstates naturally increase commercial truck traffic and, therefore, serious accidents. Accidents with large trucks come with an increased risk and potential for life-threatening injury or death. Interstate-40, Interstate-25, and Interstate-10 see many fatalities every year. Interstate 10, coupled with frequent high winds and travelers driving at high speeds, ranks among one of the most dangerous roads in New Mexico.
Most of the time, one of the drivers involved in an accident is likely to be the liable party in a car accident. However, that is not always the case. There are a number of other potentially liable parties, depending on the nature of the accident. These could include:
Winning a car accident claim in Albuquerque follows the same basic process for winning most personal injury cases, which an auto accident is a variation of in New Mexico. This means that you must prove that the defendant is liable for the injuries you’ve suffered.
The first step in this process is proving that the negligence of the defendant was the cause of your injuries. There are three things that must be proven to demonstrate negligence:
In many situations, we have a duty to be cognizant of the people around us and the potential effects that our actions may have on them. We have a duty not to put them in any unreasonably risky situation as a result of our actions. This is a duty to care.
Your car accident lawyer in Albuquerque must first establish that this duty to care exists. This is generally not difficult to establish in a car accident case. Vehicles are dangerous, and anyone involved with them has a duty to ensure that they do not create any risk on the roads.
Once a duty has been established, it must be shown that the duty has been breached. This means showing that something about the defendant’s actions or inaction did not meet their duty to care.
What this might be in the case of a car accident will depend on the nature of the accident and the defendant. Most of the time, it’s another driver, and the breach is something like a failure to follow the rules of the road, driving recklessly, or driving distracted. In other cases, it could be failing to produce or install a functioning part, having poor company policies for delivery drivers, or failing to properly maintain the roads.
Your Albuquerque auto accident lawyer can investigate the situation to discover the proper liable party and what their breach of duty was.
Lastly, it must be shown that the breach of duty led to the injuries that you suffered. In a car accident, this probably will mean showing that the breach led to the accident and that the accident led to the injuries.
This might seem like something that wouldn’t need to be shown, though there are times when a breach might not be the cause of an accident. For instance, a headlight on a car might be defective, but that’s not the cause of the accident if a driver runs a red light and slams into someone passing through the intersection. The injuries also must be shown to come from that accident, as the defense could argue that an injury was a pre-existing condition or happened after the accident.
The final element of proving liability on the part of the defendant is proving that the costs that you incurred were a direct result of the injury you suffered because of the defendant’s breach of duty.
Once this connection is made, you can recover compensation for that cost through what is called damages. There are three different categories of damages that are awarded in a car accident claim:
Some of the costs of a car accident are straightforward expenses with a clear financial component, which makes them easy to calculate. The medical bills, the bills for the repair or replacement of your vehicle or other property, and any lost wages from missing work are included in economic damages.
If your injuries are more serious, then there may be future medical costs, expenses for physical therapy and other rehabilitation, and lost earning capacity if the injuries prevent you from returning to work in the same capacity as before. These future costs are estimated and also paid out under economic damages.
Financial costs are not the only thing that we sustain as a result of an accident. There are costs that are, in some ways, more intensely felt and sometimes longer lasting. However, because they are more mental and emotional in nature, they lack the financial component that makes them easy to calculate. Some of these costs include:
These are all things that could be paid out through non-economic damages and are, thus, given an estimated economic value. It’s not that the money is expected to solve the issue. Rather, it will ease burdens elsewhere in life.
It’s not often that punitive damages are awarded, as they are a kind of punishment for behavior that is particularly egregious. It’s possible, though, that there may have been something malicious or otherwise especially offensive. If so, these damages could be awarded.
There is one thing that could potentially reduce the damages that you are paid in a car accident claim in Albuquerque. New Mexico operates on pure comparative negligence rules in regard to a damages award. This means that the defendant is given the chance to argue that the plaintiff is also at fault for their injuries. The defendant’s lawyers then have the burden of proof in arguing the three components of negligence with regard to the behavior of the plaintiff.
If they are successful, then the parties involved will be given a percentage value describing their fault. The plaintiff will then have their damages award reduced proportionately with their share of fault.
For example, if there is a plaintiff who is found to be 25% responsible for an accident on a damages award of $100,000, then the payment they will receive is $75,000. Unlike some other states, this is true even if the plaintiff is found to be more than 50% at fault for the accident.
While every car accident case is different, we at Berenson & Associates, PC, recognize that many people will have similar questions for their attorneys.
Here are some common questions that Albuquerque car accident victims often have for our lawyers:
To be frank, you won’t know right away where liability lies. The smartest option is to assume that you are not and do not take responsibility upfront. You should also not apologize for the accident, as this could be misconstrued as an admission of guilt by another party’s insurance company.
Of course, you must get insurance information. Still, there are other things you should collect, such as eyewitness testimony, photographs of the damage and injuries, and a thorough description of the car accident scene.
Yes, especially if your injuries are serious. Even if you do not feel immediate pain, you should see your physician to be sure that you do not have any internal, painless injuries. This will also produce a trustworthy medical record you can use for your case.
No, not right away. Insurance companies are well-known for not offering the best they can on the first go, relying on people to jump at the chance to get any form of compensation. Tell them that you need some time to consider it, and go over the offer with a car accident lawyer in Albuquerque.
Taking the other party to court is a powerful tool to seek compensation, to be sure, but it is not necessary. Most cases are resolved without going to court, but if the need arises, there are other options.
For example, some people can use mediation, which allows a neutral legal party to hear both of your sides of the story to guide you both to an agreeable solution. This can avoid the lengthy and often costly requirements of going to court. Another option is to certify the case for arbitration, which is usually much less costly.
When someone slams into the back of your car, that driver is fully at fault, right? Not exactly. While it will be difficult for the other driver to shirk all responsibility, they could still work against your claims. They may attempt to say that you are partly to blame, claiming that you reversed into the car behind you or harshly braked while turning a corner without warning or reason.
We all know that seat belts are critical in protecting ourselves when driving, but a memory lapse could mean you are not wearing one at the time of your car accident. If this can be proven, it could show that your negligence caused some of your injuries, taking liability out of the hands of the other party. You will need a creative car accident lawyer to show otherwise.
No. It is unreasonable to expect you to know each detail of your accident, especially if you were injured and disoriented by it. While you might feel like you are partly accountable, the reality could be that you are unaware of significant details that shift all the blame onto the other party. For example, can you be sure that the other driver wasn’t chatting on a cell phone?
We make a promise to each client: skilled, compassionate, aggressive service. We are lawyers who fight for results. Get in touch with our office today for a free consultation about your car accident case in Albuquerque. Call us at 505-243-4400 or complete and submit our online contact form.

According to estimates by the National Highway Traffic Safety Administration (NHTSA), roughly 32,000 people are killed in fatal traffic collisions each year in the United States. Losing a loved one in a vehicle collision can be devastating, especially given the largely preventable nature of many types of car accidents. The right Albuquerque fatal car accident lawyer is crucial for holding the negligent party responsible for their carelessness.
At Berenson & Associates, PC, our compassionate Albuquerque personal injury attorney understands the considerable anguish your family must be experiencing and can provide the unshakable support you need to ensure your rights are protected during this emotional time.
Countless clients have trusted us with their most sensitive cases for the following reasons:
Call 505-243-4400 or schedule a confidential consultation today to review your legal options.
Fatal motor vehicle collisions are frequently the direct result of another party’s negligent acts behind the wheel, such as driving while intoxicated, driving while distracted, driving at unsafe speeds, or running through stop signs and red lights. In 2023, there were 402 fatal crashes in New Mexico, causing 436 fatalities, as reported by the New Mexico Department of Transportation. 91 of these fatal crashes occurred in Albuquerque, leading to 93 fatalities.
As a certified auto accident reconstructionist, our founding attorney, Rachel Berenson, can examine the circumstances surrounding your loved one’s collision and discover who is to blame. If it can be proven that your loved one’s death was indeed caused by another driver’s negligence, you may be entitled to recover a wide range of damages by filing a wrongful death claim against the responsible driver.
Eligible damages may include:
While no amount of money could ever replace your loved one, a wrongful death settlement can help your family cope with the associated financial burden and ensure that you will not struggle to cover your necessary expenses. Furthermore, pursuing legal action can be seen as a way of honoring your loved one by ensuring that nobody else should have to suffer the same fate at the hands of those responsible.
Fatal car accident cases most often happen because of the negligence of one or more drivers on the road. Some of the most common reasons for vehicle accidents include:
It can take time to uncover the cause of a specific fatal motor vehicle collision. Your Albuquerque fatal car accident attorney can review information like cell phone records, the accident report, and other evidence. They can then use these to hold the person at fault for the fatal accident accountable in negotiations or the Bernalillo County Metropolitan Court.
When discussing a claim for a wrongful death case, you should be straightforward with a lawyer and give them the information you have. This can help the lawyer give you a more accurate assessment of whether you have a valid wrongful death claim. It also gives them a better place to begin investigations.
It can be more difficult to win a wrongful death car accident claim, as the person involved in the accident cannot give their side of the story. However, when you hire a fatal car accident lawyer, they can use many other avenues to gather evidence and determine who was to blame for the accident. This can bolster the fatal car accident claim and make it more likely to succeed.
In New Mexico, a wrongful death claim has a statute of limitations of three years from the date the victim perished. Personal injury claims also have a statute of limitations of three years. If an individual dies within less than a year of the deadline, a claim can be filed by surviving family members within a year of their death. This type of case is different from a wrongful death claim.
At Berenson & Associates, our Albuquerque car accident lawyers believe that no family should have to suffer the consequences of another driver’s reckless actions on their own. With unshakable support and constant involvement throughout all stages of your case, we can help you and your family overcome this loss and assert your rights in a court of law.
We will never treat you like a number, and we will never push a “cookie cutter” strategy on you to secure the quickest resolution possible. Protecting your wellbeing is our top priority, and we are committed to treating your case with the utmost respect and professionalism that it deserves.
Get in touch with our office online today to get started.

Some of the most dangerous and damaging car accidents happen when one of the vehicles involved is driving at a high speed. The faster the speed, the more likely the victims are to suffer from devastating injuries. In the most severe cases, fatalities are possible as well. If you have recently been injured in a collision like this, connect with an Albuquerque high-speed car accident lawyer as soon as you can.
At Berenson & Associates, PC, we fully understand the implications of high-speed car accidents in our state. Our Albuquerque car accident lawyers have helped many individuals determine who was at fault for their accident and collect evidence to make their case in court. The quality of your legal representation matters, so it’s important to find someone like us with direct experience. The sooner we get started, the more we will be able to help.
If someone else is found liable for causing your injuries in a high-speed car accident, you could be entitled to many types of compensation. These can be both economic and non-economic in nature.
Some of the most common include:
High-speed crashes can cause serious injuries that require expensive medical treatments to help you recover in Albuquerque. Compensation from your claim can help cover:
Victims of high-speed accidents may be left unable to work for weeks, months, or even permanently. To assist, compensation can provide:
Despite popular belief, not all damages are financial. Victims are also able to recover compensation for any physical or emotional distress the accident caused.
This includes:
If you have recently been involved in a high-speed car accident, contact our firm today. We are prepared to start working on your case right away to ensure you receive as much compensation as you are rightfully owed.
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