When a motor vehicle collision involves a car vs. a pedestrian, the pedestrian always loses. With no protection from the forces of the crash, a pedestrian can suffer significant or life-changing injuries.
At The Fine Law Firm, our personal injury attorneys are passionate about helping pedestrians seek justice for preventable accidents. We will use our resources and staff to fight for maximum financial compensation on your behalf. Contact us for a free case consultation.
No matter where you are in New Mexico, an Albuquerque motorcycle accident attorney can provide the legal representation you need to recover fair compensation.
Why Injured Pedestrians Choose Us
- Our law firm has reasonable attorney fees. You won’t be charged anything for our services as your pedestrian accident attorneys in Las Cruces unless we win your case.
- We have over 100 years of combined legal experience. Since 1975, our law firm has helped injured pedestrians in New Mexico achieve the case results they need.
- Our law firm has collected millions of dollars on behalf of the injured. This includes a $850K settlement for a pedestrian accident case and $500K for a pedestrian-bus collision.
How Can a Las Cruces Pedestrian Accident Attorney Help?
Working with a high-quality personal injury attorney in Las Cruces during your pedestrian accident case can make all the difference. A lawyer can improve your odds of successfully recovering the compensation you need. A lawyer will have the knowledge and experience to seek justice for you while you concentrate on healing from your serious injuries.
A lawyer can thoroughly investigate your accident to determine who is at fault and why the motor vehicle driver hit you. Your lawyer can collect evidence, hire experts to testify and take care of the claims process on your behalf. While most cases achieve insurance settlements, if a settlement cannot be reached, an attorney can bring your case to trial in Doña Ana County.
Common Causes of Las Cruces Pedestrian Accidents
Annual crash data from the New Mexico Department of Transportation shows that there were a total of 642 pedestrian-involved crashes in 2023. This represented 1.5 percent of all motor vehicle accidents in New Mexico. Pedestrian accidents resulted in 108 deaths in 2023.
A pedestrian collision can happen in the blink of an eye in Las Cruces. Common causes of pedestrian-vehicle accidents include:
- Distracted driving and cell phone use
- Speeding, especially in school zones and neighborhoods
- Driving under the influence of drugs or alcohol
- Aggressive or reckless driving near pedestrians
- Ignoring traffic signs and signals
- Failing to stop at red lights and stop signs
- Failing to yield the right-of-way to pedestrians
- Illegally passing a vehicle that has stopped at a crosswalk
- Reversing a vehicle without checking
If everyone obeyed New Mexico’s roadway laws, including respecting pedestrians’ rights-of-way, collisions would not occur. Identifying the cause of your accident is necessary before you can file an insurance claim, as you will need to contact the insurance company of the at-fault driver or party. This is how all motor vehicle accident cases work in New Mexico under the state’s fault-based insurance law.
How to Prove a Pedestrian Accident Case in Las Cruces
As the victim or plaintiff in a pedestrian accident case, you are given the burden of proof, meaning the responsibility to prove your claim. The evidentiary standard in these cases is “based on a preponderance of the evidence,” meaning you must prove your case against another party as more likely to be true than not true.
Most pedestrian accident cases require proof of negligence, or a party’s failure to act with a reasonable or appropriate level of care. Establishing negligence involves proving:
- Duty of care: the driver (or another defendant) had a legal obligation to drive responsibly and obey pedestrian laws.
- Breach of duty: the driver did not meet the duty of care and acted in a way that a reasonably prudent person would not have.
- Causation: the defendant’s failure to act with proper care was the cause of the pedestrian accident.
- Damages: the accident caused the victim compensable losses, such as physical injuries and hospital bills.
Proof to support a pedestrian accident case can include a police report, eyewitness accounts, expert testimony, accident reconstruction, video footage, photographs and cell phone records. Evidence of the victim’s losses is also required, such as medical records and lost wage statements.
What to Do After a Pedestrian Accident in Las Cruces
Getting hit by a car can be an extremely traumatic and overwhelming experience. It is important to try to remain calm and level-headed. There are certain steps you need to take to ensure your physical safety and protect your legal rights.
If you can, here’s what to do:
- Check yourself for injuries and call for help. Get medical care or request paramedics in an emergency. Don’t assume that you are not injured; your adrenaline may be masking pain.
- Get information from the motor vehicle driver, including his or her name, contact information and a description of the vehicle.
- If any eyewitnesses saw the pedestrian accident take place, write down their information. Look for nearby video cameras, as well.
- Take pictures of the scene of the accident. Be sure to capture any important details, including the driver’s car, nearby traffic signs and road conditions.
- Begin the insurance process. If you have automobile insurance, notify them about the accident. They can help you pursue compensation from the motor vehicle driver’s insurance provider.
Don’t hesitate to contact an attorney in the aftermath of a pedestrian accident in Las Cruces. The Fine Law Firm can protect you during conversations with insurance claims adjusters and connect you with the right doctors.
What Compensation Can a Las Cruces Pedestrian Accident Lawyer Recover?
As an injured pedestrian, you may be eligible for financial compensation for all of the losses you suffered in connection to the accident. This may include your past and future medical costs, lost wages, lost capacity to earn, pain and suffering, and emotional distress. If a loved one tragically died in a fatal pedestrian crash in Las Cruces, your family may be entitled to additional wrongful death damages, such as funeral and burial costs.
Request Your Free Case Review in Las Cruces
You don’t have to handle the legal process alone as the victim of a pedestrian collision in Las Cruces. The attorneys at The Fine Law Firm can help you pursue justice against a careless or reckless driver or another party, such as the municipal government for an unsafe roadway. Let us help you get the recovery you deserve. Contact us at (505) 889-3463 to arrange a free case consultation with a local lawyer.