Las Cruces Pedestrian Accident Lawyer

Pedestrian Accident Attorney in Las Cruces, NM

Walking in Las Cruces can be a pleasant experience. However, when a simple walk turns into an accident, it can quickly turn catastrophic. When a person is injured in a pedestrian accident, they may be entitled to compensation, and a Las Cruces pedestrian accident lawyer can help them do so. Berenson & Associates, PC can fight for your rights and ensure that you get the compensation you deserve.

About Berenson & Associates, PC

At Berenson & Associates, PC, our team has over 25 years of accomplished and effective legal advocacy on behalf of pedestrian accident victims throughout New Mexico. Our AV-rated founding attorney, Rachel Berenson, is a professional accident reconstructionist, giving us a unique combination of insight and forensic experience that allows us to prove liability and obtain compensation even in complex pedestrian accident cases.

Your Las Cruces pedestrian accident attorney can work with you to clearly explain your rights and legal options while remaining readily available throughout your case. No matter if your case will likely be filed in the Third Judicial District Court in Las Cruces or resolved through negotiation, we can fight for the justice you deserve with tenacity and compassion. We offer services in English, Spanish, and Bahasa Indonesian.

Understanding Pedestrian Accidents

In 2022, there were 94 pedestrian fatalities according to the New Mexico Department of Transportation. Pedestrian crashes accounted for 1.5% of all reported crashes, and 14.9% of all pedestrian crashes resulted in fatalities.

Pedestrian accidents occur when a pedestrian is struck by a vehicle, such as a car or motorcycle. A pedestrian has no protection when walking, so this greatly increases their chances of suffering severe injury when struck by a vehicle, especially a large one or one that is speeding. The impact can cause life-threatening injuries.

Common causes for pedestrian accidents include failing to yield, failing to check for pedestrians, driving while distracted, driving while under the influence of drugs and/or alcohol, speeding, running red lights and stop signs, and other reckless driving behaviors. In some cases, the pedestrian may share fault, such as crossing at a place not designated for walkers, but drivers still have a responsibility to drive safely around pedestrians regardless of where they walk.

New Mexico Pedestrian Accident Laws

It’s crucial to remember that pedestrians have the right-of-way in crosswalks and that drivers are required to yield to them when turning at intersections under New Mexico law. This does not, however, grant pedestrians the freedom to cross the street at any place of their choosing. Although it is against the law to jaywalk, drivers still have an obligation to prevent collisions whenever possible.

According to the law, pedestrians also should not run in front of a car when yielding would be virtually impossible. Furthermore, pure comparative negligence applies in New Mexico, which means that you can still get compensation for an accident even if you had some role in it. The percentage of fault you are found to be responsible for will simply be deducted from your settlement amount.

What To Do After a Pedestrian Accident

If you were injured in a pedestrian accident, you want to first get the important information of the driver, including their name, driver’s license number, and insurance information. Report the accident to law enforcement so there is an official record of the incident. Be sure to seek medical attention right away, as some injuries may not show symptoms until later, particularly internal ones. Some common injuries resulting from a pedestrian accident include:

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Head injuries
• Neck injuries
• Deep cuts and bruises

Additionally, you want to make sure you hire a pedestrian accident lawyer. They can fight for compensation if you decide to file a claim.

Hire a Pedestrian Accident Lawyer

Pedestrian accident victims often suffer serious injuries that require substantial fair compensation. Dealing with the at-fault driver’s insurance companies and legal representatives is likely because they may attempt to pay you less than you deserve and ask you to forfeit your legal rights.

To ensure protection for yourself and your claim, you should let a lawyer negotiate your settlement or advise you about the next steps. Attorneys understand which state and local court rules apply when you are filing the necessary claims.

FAQs

How Much Compensation Can I Get for a Pedestrian Accident?

The compensation you could get for a pedestrian accident depends on the circumstances of your case. Damages are based on the nature of the injuries, the way in which they affect your life, and the income and losses you have incurred. The cost of medical treatment, lost time from work, and the need for long-term care will all be considered. A lawyer can examine your case facts and help secure compensation appropriate to your physical harm and financial and emotional damages.

What Should I Not Say to an Injury Lawyer?

When determining what not to say to a personal injury lawyer, it should depend on whose lawyer you are speaking with. However, you should avoid making statements that are not true or that are exaggerations of the truth. For example, you do not want to claim that you have injuries, such as a broken bone, that have not been verified by a medical professional. Additionally, do not downplay your injuries either by claiming you are fine when you are experiencing pain. Present the facts and be honest.

Can You File a Claim Against a Pedestrian for Causing an Accident?

You may be able to file a claim against a pedestrian for causing an accident. A pedestrian can be held legally liable if he or she caused a collision or an injury through negligence. Liability will be determined by whether the pedestrian failed to follow safety rules, was acting erratically, or was creating a hazardous situation.

How Long Does It Take to Settle a Pedestrian Accident?

The time it takes to settle a pedestrian accident depends on many factors, including the severity of the injury, the insurance company’s level of cooperation, and the time required to obtain evidence. Cases where liability is in dispute or where the victim is still receiving medical care may take longer to settle. If negotiations break down, the process may be delayed even further by litigation.

Las Cruces Pedestrian Accident Lawyer

If you were injured in a pedestrian accident, Berenson & Associates, PC can help you fight for the compensation you deserve. Contact us today for a consultation.