Late last week, a family was traveling on U.S. 385 when they were involved in a fatal accident. According to local news reports, a man was driving his Ford north on U.S. 385 in Texas when he crossed over the highway’s center. The family was driving a Chevrolet in the southbound direction as the driver of the Ford was moving into their lane.
The driver attempted to avoid the crash and began to brake, but he was unable to navigate the car to avoid the collision. The Ford hit the family’s van on the left side, and that hit caused both cars to burst into flames. The family in the Chevrolet included a mother, father, two daughters, and a young son. Unfortunately, all but the young son were killed in the accident. According to the most recent reports, the teenager is in critical condition at a medical center in Texas. Additionally, the driver of the Ford was also pronounced dead at the scene of the accident.
Negligence in New Mexico
In New Mexico, if you have been injured in an automobile accident you may be able to bring a personal injury suit against the wrongdoer. In order to bring a negligence claim, the plaintiff must be able to establish that the defendant owed him or her a standard duty of care, that the defendant breached that duty by acting negligently, and that the breach was the actual or proximate cause of his or her actual injuries. Even if the plaintiff is able to prove these elements, the defendant may counter under the theory of comparative negligence.
In many cases, the defendant will present a defense that puts fault on the plaintiff. However, New Mexico is considered a comparative negligence state. In comparative negligence states, even if the plaintiff is partly responsible for the accident, he or she will not be barred from recovery. In these incidents, the amount of recovery will be reduced by the amount of his or her fault. Reports from the above accident do not provide much detail regarding whether the family was at fault. However, if for some reason the defendant’s representative attempted to make that argument, the plaintiff’s estate could still recover.
Are You in Need of an Attorney in New Mexico?
Personal injury cases are more often than not complex and require strict adherence to the deadlines for filing and bringing claims. To assist you in your case and increase your chances of success, it would be greatly beneficial to have one of the attorneys at the Fine Law Firm represent you or your loved one in a personal injury matter. If you have been injured because of the negligence of another, you may be entitled to monetary compensation for your past medical bills, future medical expenses, and other damages related to your injuries. Contact one of our dedicated and experienced attorneys today at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Sleeping Driver Responsible for Fatal Lea County Accident, New Mexico Personal Injury Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Personal Injury Lawyer Blog, October 13, 2014.