Las Cruces Drunk Driving Accident Lawyer

Drunk Driving Accident Attorney in Las Cruces, NM

Drunk driving can cause tragic accidents, leading to serious injuries within an instant. If you or a loved one is facing damages after a drunk driving accident, you are likely feeling scared and stressed about what the future holds. A skilled Las Cruces drunk driving accident lawyer can ease your mind when filing a claim and pursuing compensation during your recovery.

Why Choose Us?

Berenson & Associates, PC, has been helping victims and their families pursue justice for over 25 years. A compassionate Las Cruces car accident lawyer at our firm can explain your legal options and New Mexico’s drunk driving laws. We offer personalized strategies for each claim, making sure your claim reflects the details and complexities of your case.  We can also explain the benefits of accident reconstruction in New Mexico personal injury cases to help prove the at-fault driver’s liability.

Berenson & Associates, PC, is also certified in accident reconstruction. This valuable resource can determine what and who caused a crash, helping hold an at-fault driver accountable, especially when drunk driving is involved.

The Dangers of Drunk Driving in Las Cruces

New Mexico had 2,268 alcohol-related crashes in one year, and driving while intoxicated (DWI) is involved in 40% of fatal accidents in the state. Las Cruces drivers should be wary of intersections around Main Street and stay alert between midnight and 3 AM due to the high risk of drunk driving.

New Mexico’s drunk driving accident laws have strict rules surrounding drinking and driving. The legal limit is 0.08% blood alcohol concentration (BAC), with lower limits of 0.02% BAC for drivers under 21 and 0.04% BAC for commercial drivers. If you were hit by a drunk driver, you should hire a drunk driving accident lawyer. They can gather evidence from the crash and file a compensation claim.

Filing a Drunk Driving Accident Claim

When filing a drunk driving accident claim, your lawyer can work with you to document a comprehensive list of damages the accident caused and any expenses you faced due to these damages. Your lawyer can negotiate to increase your compensation, avoiding settlements that minimize your recovery. Some damages that can be included in a drunk driving claim are:

• Physical injuries. Injuries, such as whiplash, concussions, broken bones, and connective tissue injuries, are all common in drunk driving claims. Beyond the physical pain and suffering, compensation can include the medical costs associated with your injuries. A dedicated Las Cruces catastrophic injury lawyer can assist if your injuries require long-term medical care.
• Property damage. This can include vehicle damage, torn clothing, and other valuables that were damaged or destroyed during an accident. The cost of repairing or replacing these items can be included in your compensation.
• Emotional distress. Experiencing a drunk driving accident can be traumatic. Stress and psychological disorders, such as PTSD, depression, or anxiety, are all common damages after an accident. Compensation is often increased when an accident left emotional damages. It may be useful to see how pain and suffering is calculated in New Mexico accident cases to ensure your emotional trauma is properly valued.
• Lost wages. During recovery from a car wreck, many victims must take time from work for medical treatments, legal proceedings, or psychological services. If you have missed wages due to your recovery, compensation can reflect the lost income.

Why Hire a Drunk Driving Accident Lawyer?

Taking legal action against a drunk driver can be overwhelming and legally complex. Trying to navigate New Mexico’s drunk driving accident laws and the claims process without legal help increases your risk of procedural errors or accepting a settlement that does not fully compensate you for your damages. A professional Las Cruces personal injury lawyer can make sure your claim is thorough and accurate. They can also help by:

• Gathering evidence from the accident and your recovery
• Explaining New Mexico’s claims process
• Identifying who is liable for the damages you have suffered
• Negotiating for maximized compensation

FAQs

What Are the Penalties for DWI in New Mexico?

A DWI leads to strict criminal penalties and a long-term license revocation. For a first offense, the penalties can include:

• The installation of an ignition interlock device
• Up to 90 days in jail
• A fine of up to $500
• Up to one year of probation
• 48 hours of community service
• DWI reeducation
• Possible substance abuse treatment

Penalties are more severe upon repeated offenses or in cases with aggravating factors, such as causing injury or having an excessive BAC.

Will a Drunk Driver Get Their License Revoked After an Accident?

Yes, in most DWI and drunk driving accident cases, a drunk driver can get their license revoked through an administrative hearing. The revocation period depends on whether it is a repeated offense. Generally, the revocation period is:

• One year for a first DWI offense
• Two years for a second DWI offense
• Three years for a third DWI offense
• Lifetime for a fourth or following DWI offense

What Types of Evidence Can Be Used in a Drunk Driving Accident Claim?

A variety of evidence can be used when filing a drunk driving accident claim. Your lawyer can gather available evidence to include in your claim, such as:

• Reports from the Las Cruces Police Department
• Security camera or dashcam footage
• Witness statements
• Photos from the accident

These can all prove that the drunk driver was at fault for the accident. Photos of visible injuries and property damage, paystubs, and medical records can be used to prove what damages you suffered.

Do You Have to Go to Court in a Drunk Driving Accident Claim?

Whether you can reach a settlement without going to court depends on your case. Most claims are settled without going to court, but litigation can be necessary in certain cases, such as when a party is unwilling to negotiate or if there is shared fault. A drunk driving accident lawyer can negotiate for fair compensation during a settlement or in court, securing the compensation you deserve during your recovery.

Learn How an Experienced Las Cruces Drunk Driving Accident Attorney Can Help

Drunk driving accidents can leave you with physical injuries, emotional distress, property damage, and more negative consequences. If you were involved in an accident, filing a claim can seem overwhelming and frightening. A compassionate Las Cruces car accident lawyer at Berenson & Associates, PC, can represent you throughout this process, ensuring a thorough and fair claim and minimizing your stress. Contact us today to speak with an experienced attorney.