Albuquerque Hit and Run Accident Lawyer

Hit and Run Accident Attorney in Albuquerque, NM

Being involved in a car accident can be frustrating enough. When the other driver takes off before they can be identified or held accountable, it can make things so much worse. Being the victim of a hit and run can be infuriating, and it’s important that you take the necessary steps to protect yourself and seek accountability for the driver in question. If you ever find yourself dealing with the fallout of such an accident, reach out to an Albuquerque hit and run accident lawyer for help.

Hire a Hit and Run Accident Lawyer Today

The legal team at Berenson & Associates, PC can provide you with the resources you need to pursue the other driver and hold them accountable for causing your accident, as well as fleeing the scene without warning. We can help you investigate your accident, work with law enforcement to locate the other driver, and help you deal with your insurance carrier to protect you.

Our firm has spent the past 25 years handling a variety of personal injury claims. An Albuquerque personal injury lawyer can be extremely beneficial after such an accident.

Hit and Run Accidents in New Mexico

A hit and run occurs when another driver hits your car and flees the scene without taking responsibility for the accident. New Mexico state law requires every driver to stop after an accident, notify authorities if someone is injured or if there is significant property damage, and exchange insurance information. It is illegal for the other driver to leave the scene and disappear after being involved in an accident in Albuquerque.

There may be any number of reasons why somebody would flee the scene of an accident. They may have gotten scared of the consequences and reacted poorly, or they may have an outstanding warrant for their arrest. They may not have current car insurance. Regardless of the reason, fleeing the scene of an accident and causing a hit and run can only make things worse for them. You should contact a lawyer to start working on an investigation right away to find the driver.

Albuquerque Hit and Run Accident Statistics

According to a recent report by the New Mexico Department of Transportation (NMDOT), hit and run crashes account for 17% of all crashes in the state every year. In 2023 alone, there were 49 fatal hit and run accidents in New Mexico, which was the highest number recorded in a decade at that time.

The state also saw 1,494 hit and run injury accidents reported by NMDOT that year, along with 5,754 hit and run accidents that only resulted in property damage. In Albuquerque, there were a total of 13,547 vehicle collisions, including 91 fatal accidents and 4,324 injury accidents.

Experiencing a hit and run may leave you in financial panic and wondering how you can cover the costs incurred from the accident. When you hire a hit and run accident lawyer, they can work to find the at-fault driver. Your Albuquerque hit and run accident attorney can also explain your options for compensation if the driver can’t be found.

Hit and Run Accident Laws, Timelines & Deadlines: The Statute of Limitations in Albuquerque

If you are able to track down the driver and wish to move forward with a legal claim, you need to be confident your claim adheres to the New Mexico statute of limitations for personal injury claims, which would include hit and run claims. The state gives you three years to build a strong enough case, speak to an injury lawyer, and file a claim for compensatory damages. If you can’t file by that date, your case is likely to be dismissed outright.

What to Do After a Hit and Run Accident in Albuquerque?

After a hit and run accident in Albuquerque, there are several steps you should take to protect your health and rights. These include:

1. Get details about the driver. In a hit and run accident, any detail you can see about the vehicle or driver could be useful in finding them. This could include a physical description, the license plate, or the make, model, or color of the car. Your safety should be your priority. However, if you can note any of these details when a driver leaves the scene of the accident, you should do so.
2. Remain at the scene. You should not leave the scene of the accident. Provide aid to anyone in the accident, and note their injuries.
3. Report the accident. In New Mexico, any driver involved in an accident that leads to injury, causes a death, or results in $500 or more in property damage must immediately report the accident. Hit and run drivers violate this law. Reporting the accident is crucial to have an accident report of the collision, get medical care at the scene, and determine your next steps.
4. Get medical attention. When emergency responders arrive at the accident, get medical treatment. Even if you think you are not injured, you need to be looked at by a professional. Shock may prevent you from noticing injuries like internal damage. Some injuries, like head trauma, may not immediately show symptoms. After you leave the scene, you should also get medical treatment at a hospital. The UNM Hospital can be found at 2211 Lomas Boulevard NE.
5. Provide a police report. When a police officer on the scene asks you questions for the police report, be honest and give the information you know. Don’t speculate or admit fault. A police report is a foundational piece of evidence when filing an insurance claim.
6. Report the accident to your insurance. Most insurance companies require drivers to report an accident as soon as possible. Reporting the accident is especially important in hit and run accidents. If the driver is not identified, your own insurance policy may be your primary source of compensation. Don’t agree to any payout without first consulting a lawyer.
7. Contact an attorney. An attorney can protect your interests, investigate to find the at-fault driver, and negotiate with your insurance.

How Much Is a Hit and Run Accident Case Worth?

The value of a settlement or verdict after a hit and run case depends on many factors, primarily the severity of your injuries. The damages you can recover in an accident include:

• Existing medical bills
• Future medical costs
• Lost income and earning capacity
• Property damage
• Pain and suffering
• Loss of quality of life
• Punitive damages and other hit and run penalties against the at-fault driver in some cases.

These damages may differ, depending on whether you are filing with the at-fault driver’s insurance or your own coverage. Punitive damages are typically only awarded when the at-fault driver acted with extreme malice or negligence during the crash, such as driving while under the influence of drugs or alcohol.

FAQs

Q: How Can an Attorney Help Me During a Hit-and-Run Case in New Mexico?

A: An attorney can help you during your hit-and-run case in New Mexico by representing you during the legal process. While waiting for the police to track down the other driver, your attorney can gather evidence to prove your innocence and represent you during negotiations with your insurance company. Your attorney has the necessary legal knowledge to protect your rights throughout your case. If the other driver is located, your attorney can advocate on your behalf during court proceedings.

Q: What Happens if the Albuquerque Police Track Down the At-Fault Driver After the Accident?

A: If the Albuquerque police track down the at-fault driver after the accident, you can proceed with your case. The court assigns everyone a percentage of fault to determine how much compensation to award. A driver fleeing the scene can make their personal percentage of fault higher. Any compensation awarded to you is reduced by your own percentage. For example, if you are found to be 30% at fault and are awarded $100,000, you would only receive $70,000.

Q: Do I Need an Attorney While Speaking With Insurance Companies After a Car Crash?

A: You do not need an attorney while speaking with insurance companies after a car crash, but if the adjuster asks you to make an audio or written statement, you should have your lawyer present. While speaking with insurance adjusters, only provide basic facts about the incident. It can be helpful to write down what you plan to say before the meeting. If you admit fault in the incident, it can be detrimental to your recovery process.

Q: What Evidence Should I Gather for My Car Accident Case in New Mexico?

A: You should have substantial evidence for your car accident case in New Mexico. This can include statements from eyewitnesses, testimony from car crash reconstruction professionals, photos of the crash site, your visible injuries, and damage to your car and belongings, the initial incident report made by law enforcement, transcripts of your 911 call, copies of your medical records and bills, proof of other financial losses, proof of emotional losses, and footage of the crash from traffic cameras or dash cams.

Q: What Should I Avoid Doing After Being in a Hit-and-Run Accident in Albuquerque?

A: After being in a hit-and-run accident in Albuquerque, you should avoid admitting fault or apologizing at any point during your case. It can be difficult to know how to act after a crash, especially during legal proceedings. This may make you misspeak or accidentally implicate yourself. If you do, it can jeopardize the outcome of your case. Stay as calm and quiet as possible during the process and allow your lawyer to guide you during all stages of your case.

Contact an Effective Hit and Run Accident Lawyer Today

After going through such a traumatic event, you deserve to work with an experienced attorney you can trust. At Berenson & Associates, PC, we can help you build a strong case and hold the right people accountable. Contact us to speak to someone about a consultation.