Another traffic accident during the holiday season has left two seriously injured and one dead. The car accident took place on Christmas Eve morning in Roswell, New Mexico, when an unidentified woman driving at excessive speeds hit two cars, causing one fatality.

A 31-year-old woman was driving in excess of 100 m.p.h. and running stop signs. A Chaves Country Sheriff’s deputy responded to the scene at approximately 10:30 a.m., where he was unable to catch the vehicle as it sped six to eight blocks ahead. The vehicle first side-swiped one car, after which the deputy called out at 10:38:54 a head-on collision with another vehicle.

The driver of the other vehicle in the collision was transported to the hospital. A passenger in the suspect’s car died instantly, and the woman, who was the victim’s mother, was also taken to the hospital. Police could not confirm if drugs or alcohol were factors in the crashes.

Negligence and wrongful death

There are five elements that a plaintiff must prove in order for a negligence lawsuit to be successful. During the trial, the jury must examine the facts, the testimony and the evidence in order to determine that those five elements have been satisfied:

  • Duty of care
  • Breach of duty
  • Cause in fact
  • Proximate cause
  • Damages

If someone has died as a result of the negligent actions of another, the survivors can sue for wrongful death. New Mexico Statutes clarify the liability of a person whose negligent act can amount to a felony in causing the death of another, the distribution of proceeds to family or loved ones, and the statute of limitations of three years to pursue a claim.

No award for damages can in any way compensate for the loss of a loved one. But pursuing a wrongful death claim allows family to receive compensation that an insurance provider might not want to give, and covers many crucial expenses that will come up after a tragic accident.

Damages will help pay for the victim’s medical care and funeral expenses, not to mention lifetime lost wages of the deceased, pain and suffering of the survivors and punitive damages if the accident was due to negligence. It is so important to find compassionate legal counsel that can help you with filing a wrongful death claim that will help your family to find closure.