Earlier this month, a woman was fatally injured while attempting to cross a New Mexico roadway. According to a New Mexico news report, the crash occurred near Kathryn Avenue and Louisiana Boulevard at around 10:15 p.m. The details of the accident are still being fully investigated. However, at the time of the initial report, emergency officials determined that one woman was killed at the scene of the accident when she was struck by a vehicle.
Evidently, the woman was crossing the intersection when she was hit by a car. According to witnesses and local authorities, the driver of the car that hit the woman stayed at the scene of the accident and waited for emergency responders. An initial investigation does not indicate that the driver of the vehicle was under the influence of drugs or alcohol. Additionally, at this time, reports do not show that the driver was speeding. Police have not provided the public with any of the involved individuals’ names.
Plaintiff Fault and Liability Issues in New Mexico
Traffic accidents, such as the one above, are tragic for all of the parties involved. As is the case with most accidents, there are steps that both drivers and pedestrians need to take to ensure that these types of accidents do not occur. In the above case, reports indicate that a woman was killed after being hit by the driver. The fact that the woman was hit does not necessarily make her case ripe for a personal injury suit. It is important that in these cases the family of a victim understand that a defendant also has certain defenses that can change the amount a victim or their family can recover. In some cases, a defendant’s defense may allow them to evade liability altogether.
Comparative Negligence Laws in New Mexico
Almost all states have some sort of contributory negligence defense or theory of comparative negligence. In New Mexico, if a victim was injured in a car accident and wants to bring a suit against the other party involved, the defendant may assert that the victim was also at fault for their own injuries. For example, in the above case, the driver may claim that he was driving responsibly and that the victim crossed against a crosswalk, and therefore the plaintiff should be partially responsible for her injuries.
There are only a few states that follow the theory of pure comparative negligence, and New Mexico is one of those states. In New Mexico, a plaintiff can still recover financially for their injuries even if they are partially at fault. However, their damages award will be reduced by the percentage of fault that is apportioned to them by the judge or jury. Plaintiffs can even recover if they are found to be more at fault than the defendant.
Have You Been Injured in a New Mexico Pedestrian Accident?
If you or a loved one has been injured while crossing the road or has been hurt in any other kind of car accident, and you believe that the party that hit you was negligent, you should contact an Albuquerque car accident attorney at the Fine Law Firm. An attorney at the Fine Law Firm can investigate your case and fight for what you deserve. If you are successful in pre-trial negotiations or at trial, you may be entitled to monetary compensation for your injuries. Contact one of the dedicated attorneys at the Fine Law Firm today at 505-243-4541 to schedule your free initial consultation.
More Blog Posts:
State Supreme Court Permits Trial Judge Ability to Adjust Verdict When Jury’s Damages Award “Shockingly” Low, New Mexico Personal Injury Lawyer Blog, October 14, 2015.
National Highway Traffic Safety Administration Announces New Technology, Soon to Be Required on All Vehicles, New Mexico Personal Injury Lawyer Blog, November 10, 2015.