
Being involved in a hit and run accident can worsen the stress and frustration you are already dealing with after a car crash. An accident can leave you saddled with injuries, emotional trauma, and the cost of recovery and repairs. When the at-fault driver leaves without accountability, it can complicate a compensation claim. A skilled Las Cruces hit and run accident lawyer can pursue justice and secure the compensation you are entitled to.
Berenson & Associates, PC, has over 25 years of experience in fighting for compensation and justice for New Mexico residents. If you are overwhelmed or confused about the process of filing a claim, our attorneys can give you confidence by explaining the legal procedures and New Mexico negligence laws. A trusted Las Cruces car accident lawyer can tailor their legal strategy to your case and use various techniques to hold the at-fault driver accountable.
Hit and run accidents can happen anywhere, whether you were shopping along Main Street or were hit in a New Mexico State University parking lot. Pedestrians in New Mexico are at a high risk for serious injuries and fatalities, with 100 pedestrian traffic deaths each year. About 17% of all crashes are hit and run crashes, with almost one-fourth of all pedestrian fatalities occurring in a hit and run accident.
At-fault drivers may run after an accident due to fear of consequences, shock, or impaired decision-making, such as when driving while intoxicated. Fleeing the scene is illegal under New Mexico’s hit and run accident laws. At-fault drivers may experience harsher penalties than if they stayed at the scene of the accident.
Even if the driver hits you and runs, it is important to protect yourself and seek assistance from law enforcement and a Las Cruces hit and run lawyer. Immediately after a hit and run, you should:
During the investigation and when preparing to file a claim against the at-fault driver, your lawyer can advise you on your legal options. In many cases, law enforcement can identify the at-fault driver, and your lawyer can then file a claim for your damages against them. If the driver cannot be identified, there is still hope for compensation. Your dedicated Albuquerque Uninsured Motorist lawyer can explore alternative methods of pursuing compensation, such as uninsured or underinsured motorist coverage.
The damages you have suffered, along with any expenses that you had to pay because of those damages, can be used when determining compensation for a hit and run claim. Compensation may be awarded for damages such as:
During an investigation and building a legal strategy for your claim, a Las Cruces hit and run lawyer can analyze evidence and explore your legal options. Delayed injuries following an accident are common, so having a professional review your case early is vital. A lawyer can examine police reports, security camera footage, witness statements, and other evidence to track down the driver. Meanwhile, they can explore options for filing a claim, such as filing against the at-fault driver or with uninsured coverage from your own insurance provider.
Penalties vary, depending on the offense’s severity, but they always include license revocation and a criminal record. If the accident only resulted in property damage, they may be fined up to $1,000 and spend up to one year in jail. A hit and run that caused serious injuries or death can lead to up to three years in prison and up to $5,000 in fines. Harsher penalties can occur if a driver knew that someone was seriously injured in the crash.
Yes, New Mexico is an at-fault state, meaning the driver who caused an accident is responsible for the damages, even in a hit and run. Being an at-fault state protects New Mexico victims’ right to claim compensation through the at-fault driver’s insurance, rather than through their own. It also protects their ability to file a claim against the at-fault driver.
New Mexico law requires drivers to take accountability for hitting a car, even if it was unattended. A driver should locate the owner or leave a note that provides their name, contact information, and a description of what happened and the damage caused. If your car was hit but you were not informed, contact the police, along with a lawyer who can identify the driver and file a claim.
Contact a lawyer as soon as possible. During an investigation, more evidence is available soon after the hit and run. A lawyer can gather this evidence for use in a claim against the at-fault driver. You must file your claim within the New Mexico personal injury statute of limitations, which is generally three years.
Hit and run accidents are legally complex and emotionally challenging. Contact Berenson & Associates, PC, today to learn how experienced legal representation can pursue accountability, justice, and compensation after a hit and run.
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