Albuquerque Pedestrian Accident Lawyer

Pedestrian Accident Attorney in Albuquerque, NM

Bicyclists and pedestrians are often overlooked by motor vehicles when it comes to traffic safety. This can be a recipe for disaster, because in a collision with a car or truck, someone walking or on a bike is in danger of being very badly hurt. If you were involved in a vehicle accident as a pedestrian or bicyclist, an Albuquerque pedestrian accident lawyer can address the cost of your injuries with a claim that holds a careless driver responsible.

Berenson & Associates, PC: Home of Your Albuquerque Pedestrian Accident Attorney

The Albuquerque injury law firm of Berenson & Associates, PC, is focused on helping injured people recover from serious injuries sustained in motor vehicle accidents. Pedestrian accidents account for more than 1 in 10 auto accident fatalities across the country, and vehicle-bicycle crashes also have frequently catastrophic results.

New Mexico bicyclists need to abide by the rules of the road, just as motor vehicle traffic does. However, drivers may not be expecting to see a bicycle on the road — so even if a bicyclist does everything right, a crash might be inevitable.

At Berenson & Associates, PC, we understand how distressing and painful these accidents can be. We can financially recover the value of your medical bills, lost income, and other losses. With more than 25 years of experience in managing personal injury cases, we can provide the advocacy you need in a bicycle or pedestrian accident case.

What Should You Do If You’re In An Albuquerque Pedestrian Accident?

Being involved in any kind of accident is traumatic, and it can be difficult to think about what you need to do in the immediate aftermath. In general, pedestrians and bike riders ought to keep the same kinds of things in mind as vehicle drivers, such as:

• Be sure to seek medical treatment quickly. Even if you do not think you’ve been seriously hurt, you won’t know unless you are examined by a medical professional. The Albuquerque ER & Hospital is located at 9310 Coors Boulevard NW.
• Do not admit fault. If you think you might have acted in error — or even if you are certain you had the right of way — do not say or imply that you might have been at fault. Even a natural reaction such as saying “I’m sorry” could be construed as an admission of fault.
• Take photos of the accident scene and any vehicles or bicycles involved. Many people carry a camera with them wherever they go, on their smart phones. Documenting what has happened is always useful.

Attorney Rachel Berenson is a certified accident reconstructionist, so her skills combined with any information you can provide may go a long way to help your case.

How to Prove Liability for a Pedestrian Accident in Albuquerque

The evidence you gather at the scene can be crucial for your pedestrian accident claim against the at-fault driver’s insurance. Other evidence, like the police accident report, CCTV footage, and medical documentation, is also incredibly useful in building a stronger case. To hold a driver liable for your injuries in a personal injury claim, you must prove the following:

1. Duty of Care: This means the driver owed you a duty of care. Drivers do owe each other, along with those on and around the roads, a level of care to avoid causing harm and operate their vehicles safely.
2. Breach of Duty: When a driver breaches their duty of care, it generally means they behaved negligently, such as by being distracted or speeding.
3. Causation: The breach of duty of care must have been the cause of the accident for the driver to be liable.
4. Damages: You must prove that you suffered actual damages in the accident. If you were injured, you must show that the injuries were caused by the accident and led to tangible or intangible losses, like medical bills or pain and suffering.

In most bicycle or pedestrian accidents, a driver is the at-fault party. You must prove all four elements to have a successful claim and recover the cost of your damages from their insurance company. When you hire a pedestrian accident lawyer, they can determine if you have a case against a driver. Then, they can gather the evidence needed to prove these elements. This is especially useful when you are seriously injured and need to recover.

How Can Our Albuquerque Pedestrian Accident Attorney Help?

When you hire a pedestrian accident lawyer, you are much more likely to have a successful claim and recover the maximum financial compensation available. You can also save yourself a lot of stress and uncertainty.

Filing a claim needs to be done quickly after an accident, but this is very hard when you are suffering serious injuries. An attorney can manage your case for you, providing comprehensive support from beginning to end. This gives you time to heal, all while knowing your case is being managed by quality legal representation.

An Albuquerque attorney handles pedestrian accident cases in several ways, including:

• Assessing the viability of a claim
• Determining the cause of your accident and which party or parties were to blame for the incident
• Gathering evidence from the scene of the accident, your medical treatment documentation, and many other sources
• Navigating New Mexico’s pedestrian accident laws
• Negotiating with the at-fault party’s insurance company while avoiding insurer tactics, which they use to try to minimize your claim or blame you for the accident
• Managing important deadlines for your claim, including when insurance claims must be filed, and meeting the civil personal injury statute of limitations
• Assessing the damages you suffered, including the cost of your injury treatment, the income you lost, the long-term consequences for your employment, your physical pain, and the personal property that was damaged
• Working with professionals, like medical providers, to assess the long-term consequences of your injuries
• Assessing the necessity of filing a personal injury claim in court to recover the compensation you deserve
• Representing you in court and advocating for the full verdict you need to recover

At Berenson & Associates, PC, we have spent years supporting individuals who were injured because of the carelessness of others. Let us fight for your financial future in settlement negotiations or in court.

Common Injuries After a Pedestrian Accident in Albuquerque

In 2023, there were 108 pedestrian fatalities in New Mexico vehicle accidents, the highest total in the past 30 years, as recorded by the New Mexico Department of Transportation (NMDOT). When pedestrians and bicyclists are involved in vehicle accidents, it is more likely to cause an injury or fatality. While pedestrians were involved in only 1.5% of all crashes, they were involved in 4.1% of all injury crashes, along with 26.4% of all fatal crashes.

Some of the injuries that can result from a pedestrian accident include:

• Cuts and lacerations
• Bruises, sprains, strains, and other soft tissue injuries
• Road rash
• Broken bones
• Crushing injuries
• Concussions
• Penetrating brain injuries
• Other traumatic brain injuries
• Internal bleeding
• Internal organ damage
• Neck and back injuries
• Spinal cord injuries
• Amputations
• Wrongful death

New Mexico has the highest rate of pedestrian fatalities of all states, according to the University of New Mexico, and Albuquerque has the second-highest fatality rate when compared to cities around the country with populations of 500,000 or more. In 2023, NMDOT reported 294 vehicle collisions involving pedestrians in Albuquerque, and 434 accidents involved pedestrians or pedacyclists.

What Are the Common Causes of Pedestrian Accidents in Albuquerque?

Some of the most common causes of pedestrian accidents in Albuquerque, New Mexico, include:

1. Low Visibility: 21.8% of pedestrian-involved accidents in the state happened in low-light and dark conditions, while 48.1% of pedestrian-involved fatal accidents were in these conditions, according to NMDOT. Pedestrian accidents are more likely at night or in other dim-light conditions. Low visibility also arises from inclement weather, like fog, rain, or dust storms.
2. Impaired driving and pedestrians under the influence: NMDOT reported that 16.2% of pedestrians involved in vehicle accidents were influenced by alcohol, while 49.1% of pedestrians in fatal vehicle accidents were alcohol-influenced.
3. Distracted Driving: 11.9% of all pedestrian-involved accidents reported by NMDOT were primarily attributed to driver inattention. Drivers may be texting, dealing with a navigational system, sightseeing, eating, or talking with others in the vehicle. These drivers are more likely to miss pedestrians at crosswalks or on the side of the road.
4. Failure to Yield: NMDOT reported that 5.4% of all pedestrian crashes were because of a failure to yield the right-of-way. These accidents often happen at crosswalks and intersections, such as when a driver tries to drive through a yellow light or turn right on a red without checking the crosswalk.

Please Reach Out To Us Today

Pedestrian and bicycle accident victims can suffer serious injuries, including concussions, brain damage, broken bones and other injuries that may require extensive rehabilitation. Contact our office for a free consultation about your case by calling 505-243-4400 or by sending us your contact information.