Albuquerque Head-On Collision Lawyer

A head-on collision is one of the most harmful and devastating types of car accidents that occur in Albuquerque. These motor vehicle accidents can result in catastrophic and deadly injuries. If you are injured or a loved one is killed in a car accident caused by someone else’s negligence, the Albuquerque car accident attorneys at the Fine Law Firm may be able to help you seek compensation for your injuries.

What Is a Head-On Collision?

Head-on collisions occur when the front ends of two vehicles strike each other from opposite directions. They typically happen because the driver of one of the vehicles has crossed over a center dividing line or gone the wrong way on a street. While head-on collisions are relatively uncommon, the injuries are often catastrophic, and if they happen at high speeds, fatalities are common.

How Can an Albuquerque Car Accident Lawyer Help You?

Hiring an experienced car accident lawyer in Albuquerque to represent you can greatly increase your odds of recovering fair compensation for the full extent of your losses, including future estimated medical care for a serious injury. Your attorney can investigate your head-on collision, gather evidence of someone else’s fault, collect documentation of your injuries and medical bills, and file a car insurance claim on your behalf.

If a car insurance company attempts to devalue your claim and offer a lower settlement than you deserve, your attorney can negotiate for a higher amount using proven and aggressive legal strategies. Although most car accident cases in Albuquerque reach settlements, a lawyer will have the ability to litigate your case at trial, if necessary, to achieve justice for your devastating losses.

Common Causes of Head-On Collisions

It is important to understand some of the most common causes of catastrophic head-on collisions in Albuquerque. This knowledge may be able to help you avoid or prevent this type of accident as a driver. If you have already been involved in a head-on car accident, this information can give you a better understanding of what may have caused your crash.

Several factors can contribute to head-on collisions, including:

Reckless driving
Intoxicated driving
Speeding or racing
Unsafe passing
Running a red light or rolling through a stop sign
Failing to yield the right-of-way
Driving the wrong way on a one-way road
Inexperienced drivers
Drowsy driving
Road defects or hazards
Faulty or defective auto parts
Inclement weather conditions

A law firm can conduct a comprehensive investigation of your head-on car accident to determine its cause. From there, your lawyer can name one or more than one at-fault party to list in your claim, known as the defendant(s). Truly understanding the cause of your head-on collision can generate a list of all responsible parties, which can help you maximize your financial award.

Steps to Take After a Head-On Collision in Albuquerque

If you get involved in a head-on collision in Albuquerque, it is important to try to remember to take certain steps to protect your legal rights. Making even a minor mistake could jeopardize your ability to recover compensation.

albuquerque-head-on-accident

The key actions to take include:

Try to remain calm and check yourself for injuries.
Seek medical attention immediately.
Call 911 to report the head-on collision.
Do not admit fault for the accident.
Exchange information with the other driver.
Take photos of the scene of the collision before you leave.
Collect copies of your police report and medical records.
Call your car insurance company to report the crash.
Do not give the insurance company a recorded statement.
Contact a car accident lawyer in Albuquerque before accepting a settlement.

By getting prompt medical care for your injuries and collecting and preserving key evidence, you can improve your chances of obtaining a fair settlement. When in doubt, consult with a personal injury attorney sooner rather than later.

What Types of Evidence Can You Collect From the Accident?

The strength of an injury claim following a head-on collision depends on the power of the evidence used. In a personal injury case, the plaintiff has the burden of proving that what he or she is claiming is more likely to be true than not true.

Proving a car accident claim takes clear and convincing evidence, such as:

A police report documenting the accident
Citations for traffic violations
Eyewitness statements
Photographs and video footage
Dashcam footage
Cell phone records
Medical records
Accident reconstruction
Expert witnesses
Repair estimates and other proof of losses

An attorney can visit the scene of your head-on collision, interview eyewitnesses, hire highly qualified experts, and take many other steps to preserve and gather evidence to support your car accident claim.

How to Establish Liability in a Head-On Collision?

Head-on crashes may result in internal organ damage, traumatic brain injuries, broken bones, paralysis, or even death. In most cases, they are caused by driver negligence. If you can prove that the other driver caused the accident through his or her failure to use reasonable care while driving, thereby increasing the risk of injury to others, you likely will be able to recover damages. Conduct that is considered unreasonable and that might cause a head-on collision includes speeding, drunk driving, and texting while driving.

Proving liability in a car accident claim generally requires evidence of the four elements of negligence:

Duty of care: a responsibility owed by the defendant to act with reasonable care, such as the duty that all drivers have to reasonably prevent car accidents.

Breach of duty: an act or omission committed by the defendant that violates or breaches the duty of care, such as careless or reckless driving behaviors.

Causation: proof that the defendant’s breach of duty caused or significantly contributed to the head-on collision.

Damages: specific losses suffered by the victim or plaintiff because of the head-on collision, such as injuries and hospital bills.

In New Mexico, it is illegal to text while driving. It is also a crime to drive with a blood alcohol content of .08 or greater. When drunkenness or texting causes a crash, therefore, the doctrine of negligence per se may apply. For negligence per se to apply, you would have to show that the defendant violated a law designed to protect a certain class of people from a specific harm, the violation caused the accident, the victim belonged to the class of people that was meant to be protected, and the victim suffered the specific harm that was to be prevented.

What Types of Compensation Can You Recover?

You and your family will need to pick up the pieces after a head-on collision, including possibly planning for a future that looks different than it did before due to a long-term or permanent injury. While moving on will take more than just money, collecting fair compensation with assistance from an attorney can make it easier to move forward with your life.

Among the damages you may be able to recover from an at-fault defendant for catastrophic injuries are:

Medical bills
Rehabilitation and physical therapy
Lost wages
Lost future earning capacity
Disability or disfigurement
Damaged property repairs or replacement
Rental car costs
Cost of household services
Loss of consortium
Pain and suffering
Loss of enjoyment

Most of the items on this list are economic damages, or financial losses you may have suffered because of the head-on collision. These last three items of damage are noneconomic, and they may vary depending on the jury that is selected. This means that your choice of attorney and how well your attorney comes across to insurers and a jury can make a huge difference to the total compensation you are able to recover.

How Long Do I Have to File a Head-On Car Accident Claim in New Mexico?

In New Mexico, a law known as the statute of limitations places a strict time limit on your right to file a personal injury claim after a head-on collision in Albuquerque. In general, crash victims have no more than three years from the date of their car accidents (or of reasonable injury discovery) to file their claims. Certain circumstances can extend or shorten this time limit, making it essential to contact an attorney without delay.

The New Mexico Statutes state:

Section 37-1-8 – Actions against sureties on fiduciary bonds; injuries to person or reputation

Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.

If a close relative dies in a head-on crash, you may be able to file a wrongful death claim. You have three years from the date of the death (or an injury-causing accident) to file suit in New Mexico. Among the damages, you can recover in a wrongful death suit as a spouse or child of the decedent are funeral expenses, mental anguish, and loss of companionship.Note that three years is the timeframe for a personal injury lawsuit, not a car insurance claim, which should be filed much sooner.

Consult an Albuquerque Attorney for Your Motor Vehicle Collision Case

Head-on collisions may result in grave injuries or even death. Unlike some other types of collisions, it may be hard for the at-fault driver’s insurer to blame you for the accident. However, insurers rarely offer the full amount of your damages. They may, for example, try to send you a low-ball offer claiming that you did not follow your doctor’s instructions for a full recovery or otherwise failed to mitigate your damages. It is important to have someone on your side during these negotiations.

At the Fine Law Firm, we provide experienced Albuquerque injury lawyers who can help residents and others seek the full scope of damages available under the circumstances. Contact us via our online form or call us at (505) 243-4541 to set up a free consultation. The Fine Law Firm also represents accident victims in Rio Rancho and elsewhere in New Mexico.