Albuquerque Distracted Driving Accident Lawyer

Distracted Driving Accident Attorney in Albuquerque, NM

Distracted driving is a significant problem on New Mexico roads these days. When someone is distracted, though, the impact is likely to be more direct and damaging. If you are the victim of an auto accident involving a distracted driver, an Albuquerque distracted driving accident lawyer can help you get the compensation you need.

Hire a Distracted Driving Lawyer to Represent Your Case in Court

When someone is at least paying attention to the road, they may make a maneuver at the last moment that reduces the impact of a collision, even if a crash still occurs. If you’re lucky, a car accident with a distracted driver might leave you only with some car damage and bruises or scrapes. Even in that case, you may have repair bills and medical bills. More often, though, the injuries and damage are much more serious.

The medical bills are more significant, and you may even be left with lifelong consequences. While you, of course, wish the accident never occurred, you can at least legally seek restitution for the costs you’ve suffered as a result of someone’s distracted driving.

In most cases, it’s a driver’s insurance company that is responsible for paying out those costs, but they don’t like to do things that may negatively impact their profits. It’s possible that they may lowball you or even try to avoid paying altogether. The skilled team at Berenson & Associates, PC can guide you through every stage of the legal process, helping increase your chances of success with our years of experience and vast knowledge of New Mexico law.

Causes and Costs of Distracted Driving

In 2023, 3,275 people throughout the United States passed away due to a distracted driving accident. In the past, distracted driving might have been limited to messing with the radio, putting on makeup, or some other activity that would pull a driver’s attention away from the road.

Today, things like text messaging, social media, and other activities on someone’s phone are the activities that divert drivers’ attention. These distractions not only make an accident more likely, but the consequences can also be more significant. Taking your eyes off the road for five seconds while driving 55 mph is the equivalent of driving the length of an entire football field with your eyes closed.

A distracted driving accident in Albuquerque, NM, usually leaves the victim with a pile of bills for medical care and vehicular damage. It can also leave them with high costs that are less tangible, like pain and suffering. These victims deserve some restitution for these costs, so the law requires that they be compensated for their losses.

The insurance companies that usually pay these claims, though, often need a push in the right direction. When you work with Berenson & Associates, PC, you can have an experienced team of Albuquerque personal injury lawyers behind you that knows how to deal with insurance companies to secure your restitution.

When Should You File a Distracted Driving Claim?

The deadline for filing a claim is set by the statute of limitations. Generally, the statute in a distracted driving case is the same as in any other car accident claim in Albuquerque, giving you three years to file your claim with the court. These cases are typically handled at the Bernalillo County Courthouse, located at 400 Lomas Boulevard Northwest.

While that is the general rule, there may be some exceptions based on who the defendant is, when the injuries were discovered, or other factors. These could lengthen the window to file, but, in some cases, they could also shrink it.

That’s why it’s usually a good idea to contact a distracted driver accident lawyer quickly after your distracted driving accident case so that they can begin work on your claim and assess the proper deadline for filing it. If you hire a distracted driving accident lawyer, they can help make sure you stay legally compliant and represent you during every stage of legal proceedings. This way, your rights are protected throughout the entirety of your case.

Should I Settle My Claim or Take It to Court?

The decision of whether to settle your case or take it to court is going to be highly dependent on the specifics of your case and what you are able to negotiate. For many people, though, settling can offer some distinct advantages. One of these is that it takes away the risk of a ruling that isn’t in your favor. When you settle, you can get everything that is agreed to, according to the terms of the settlement.

Another advantage of settling is timing. Taking a claim to court can be a lengthy process, and this could leave you waiting extra months or even years to receive the funds you need. Settling can often get you your funds much more quickly.

Of course, the insurance companies would only settle if they were benefiting in some way as well. Typically, this would mean not paying as much as they would in a court ruling. However, there are times when a case might be so clear-cut that they can save money just by avoiding the expense of going to court.

Nevertheless, in most cases, it does mean they are paying a little less in a settlement than the absolute maximum you might receive in court. Whether this trade-off is worth it to you to get the money sooner and avoid the risks of taking it to court is up to you and the specifics of your case. An accident attorney can help you get an estimate of what your case may be worth, either in court or in a settlement. In either scenario, they can work to pursue a full award.

How Do You Prove Fault in a Distracted Driving Claim?

To increase your chances of success during a distracted driving claim in court, your lawyers need to demonstrate that the defendant was at fault for the accident. The burden of proof is on your lawyer to persuade the court that, were it not for the actions of the defendant, you wouldn’t have suffered the injuries that you did.

To make your case, your distracted driver accident lawyer must rely on:

• The evidence that they were able to compile from their investigation
• Any eyewitness testimony that may be relevant
• Professional witness testimony, if necessary

They also need to prove the three elements of negligence on the part of the defendant:

Duty to Care

The first thing that your distracted driver accident lawyer must prove is that the defendant had what is known as a “duty to care.” This means that they had a responsibility to be careful not to put others at any unnecessary risk by the actions that they were taking.

Typically, given the danger that automobiles pose, most people understand that the duty to care is present whenever vehicles are involved. In a distracted driving case, this isn’t really difficult to prove.

Breach of Duty

Once a duty to care is proven, your lawyer then needs to demonstrate a breach of that duty. This means that the defendant did something that didn’t live up to or meet the duty that they had. In the case of distracted driving, this means demonstrating that distracted driving is a breach of duty, which is generally easily understood.

It also means demonstrating that the driver was driving while distracted. Your distracted driver accident lawyer must have some evidence that the other driver was distracted while they were driving.

The Breach Caused the Injuries

Once a breach of duty has been established, the last component is to demonstrate that the breach was the direct cause of the injuries that you suffered. This usually means first demonstrating that the breach was the cause of the accident. This is not always the case, which is why the connection must be shown.

For instance, a driver is checking a text message but is otherwise driving properly. Their car is then hit in an intersection by another car running a red light. Although the driver was technically committing a breach of duty, that breach is not necessarily the cause of the accident. Your lawyer must be able to show why the breach was, in fact, the cause of the accident.

When it has been shown that the breach was the cause of the accident, your Albuquerque distracted driver accident lawyer must then be able to explain how the injuries that you received were the result of the accident.

Although one may assume that there wouldn’t be conflict regarding this, people have attempted to pass off pre-existing conditions or injuries that occurred after the accident as having come from the accident. People have also embellished their injuries in an attempt to defraud the insurance companies.

Therefore, the defendant’s lawyers may push back regarding the source and nature of the injuries. However, good documentation regarding your injuries can often help address these kinds of situations.

What Damages Could Be Awarded in a Distracted Driving Case?

The compensation available in a distracted driving case is known as damages. The costs that you are seeking to have damages cover must be the direct result of the injuries that you suffered. This must also be something that your distracted driver accident lawyer is able to demonstrate.

When it is shown that the costs are the direct result of the injuries, this completes the causal connection from the duty to care to the costs incurred. At that point, the defendant is liable for those costs. The damages that could be awarded in a distracted driving case fall into three categories:

Economic Damages

Those costs that have a clear, easily calculable financial component are included in economic damages. These include:

• Costs related to your injuries, such as medical bills, medications, and physical therapy or rehabilitation
• Property damage to your vehicle and the bills for repairs or replacement
• Time off work and lost wages
• Loss of use of your vehicle during the time it is being repaired.
• Mileage to and from medical appointments

It’s not only prior costs that are addressed but future ones as well. If your injuries are serious enough that they require ongoing medical care, those costs are estimated and included. Similarly, if you are unable to return to the same level of work that you had prior to the injury, lost earning capacity can also be compensated through economic damages.

Non-Economic Damages

The costs of an accident aren’t limited to the financial. There is an array of emotional and psychological costs that come with an accident. These things can’t be addressed by money in the same way that the things covered by economic damages are. Money can’t make pain and suffering go away or solve mental anguish.

However, a value is given to these things, and an award is then paid out through non-economic damages. The money is not meant to fix these issues. Rather, it is meant to address stress and burdens that can be lessened by money, hopefully freeing up the injured to better manage these issues.

Punitive Damages

This is a unique category of damages, and they aren’t awarded in most cases. They are usually meant to serve as a punishment and often require proof of something malicious or especially reprehensible on the part of the defendant. They aren’t likely to be awarded in a distracted driving case, although if there was something especially egregious about the other driver’s behavior, it is possible.

Could My Damage Award Be Limited?

In New Mexico, you don’t have to worry about any particular damage cap on the award in a distracted driving case. However, there is still the possibility that your damage award could be reduced as a result of the state’s pure comparative negligence rules.

Under these rules, the defendant can be offered the opportunity to argue for liability on the part of the plaintiff, as an accident sometimes occurs because both parties made a mistake. The defendant’s team has the burden of proof in these situations and needs to prove the elements of negligence as related to the plaintiff’s actions.

New Mexico Distracted Driving Accident Laws: Calculating Comparative Negligence

If the defendant is able to successfully argue for fault on the part of the plaintiff, then both parties can be given a percentage that represents their share of the blame in the accident. In most states, if the plaintiff’s share is greater than 50%, then they are unable to collect any damages.

However, this isn’t the case in New Mexico, where there is a pure comparative negligence system. No matter the plaintiff’s share, even if it is greater than 50%, they can collect damages. Only the damages awarded may be reduced proportionately to their share.

For instance, if a plaintiff is found to be 10% responsible for an accident that awarded them $40,000, the award would be reduced by 10%, meaning they could only collect $36,000 instead of the full $40,000. Part of what your distracted driver accident lawyer can do is prepare to defend against any of these kinds of challenges in your case.

FAQs

Q: What Evidence Is Needed to Prove Fault in a Car Accident Case in New Mexico?

A: In New Mexico, you need to have extensive evidence to prove fault in your car accident case. Courts rely on the provided evidence to make their final decision. While it may vary case-by-case, evidence can include:

• testimony from eyewitnesses and professionals
• copies of your medical records and the incident report
• photos and videos of the crash site
• photos of your visible injuries
• photos of damage to your vehicle and other personal belongings
• surveillance footage of the crash itself

Q: What Steps Should I Take After Being in a Distracted Driving Accident?

A: After being in a distracted driving accident, you should call 911 and request medical attention, even if you feel fine. Adrenaline may kick in and prevent you from knowing the full extent of your injuries.

Collect the contact and insurance information from the other driver, as well as the contact information of eyewitnesses. Take photos of the crash site, including any skid marks or property damage, as well as injuries and damage to your personal belongings. Then, seek legal counsel.

Q: What Should I Avoid Doing After a Car Accident in Albuquerque?

A: After being in a car accident in Albuquerque, avoid apologizing to anyone or admitting fault in the accident. While it may be instinctive to do so, it can only be used against you later on in your legal case. Avoid arguing with the other driver, too. If you do, it can escalate an already tense situation and make them less likely to cooperate in your future legal case. Stay calm and quiet until you can consult a car accident lawyer.

Q: Can I Speak to Insurance Companies Without My Lawyer Present?

A: You can speak to insurance companies without your lawyer present, but it’s important to be cautious when doing so. Only provide the insurance adjuster with basic facts about the crash, such as the time and date of the crash and the names of those involved. Don’t speculate about what caused it or admit fault. If the adjuster wants you to make a recorded statement or answer their questions while under oath, tell them you are only willing to do so with your attorney present.

Hire an Albuquerque Distracted Driving Accident Lawyer

When you work with an experienced legal team, like Berenson & Associates, PC, you can improve your chances of getting the compensation that you need. We can represent you in negotiations, and the insurance company can know that there is a credible threat of going to court.

If we can’t get a satisfactory settlement, we can follow through on that threat and advocate for you in court for what you are owed. Contact us today so we can evaluate your case.

Berenson & Associates, PC – Albuquerque, NM Office

415 6th St NW
Albuquerque, NM 87102

Call: 505.421.7782