Getting hurt in a drunk driving accident in the Santa Fe area can be devastating. Much too frequently, intoxicated motorists cause collisions in which occupants of other vehicles are injured or killed. According to the Motor Vehicle Department of New Mexico, approximately 40% of deadly accidents in the state result from drunk driving. Nationwide, the U.S. Centers for Disease Control and Prevention (CDC) reports that intoxication plays a role in approximately one out of every three traffic fatalities. What do you need to know to be eligible for compensation if you were injured in a collision? Consider the following information from our New Mexico personal injury lawyers.
Gather Evidence at the Scene of the Crash
You will want to gather as much evidence as possible at the scene of the drunk driving crash, including photographs and contact information for witnesses. This information will be necessary when you are building your civil claim against the drunk driver.
Call the Police and Obtain a Police Report
Any accident involving injuries will need to be reported to the police, and it is important to call the police when you believe a drunk driver caused the accident in which you were injured. In many cases, the police will arrive at the scene of the crash and arrest the drunk driver. Any documentation from the police will be critical in building your drunk driving accident claim. You will need to obtain a police report, and you will also want to determine if the at-fault driver was arrested for or charged with drunk driving.
Seek Additional Evidence of Drunk Driving
Beyond evidence gathered at the scene and police documentation, your attorney can help you to obtain additional information to prove that the at-fault driver was intoxicated and responsible for the collision. The evidence you seek will depend upon the specific facts of the case, but you may be able to seek witnesses who saw the at-fault driver drinking too much at a restaurant or bar near the scene of the crash, for example.
Determine Additional Liability for the Collision
While the drunk driver may certainly be responsible for damages after causing injuries in a collision, it is important to determine whether another party could also be at fault. In New Mexico, for example, you could be eligible to file a claim against a third party like a restaurant or bar that continued to serve the drunk driver despite knowing that they were too intoxicated to safely have another drink. This type of third-party liability is often known as “dram shop” liability.
File Your Lawsuit on Time
It is critical to ensure that you file your lawsuit before the statute of limitations runs out on your drunk driving claim. Under New Mexico law, most drunk driving accident lawsuits have a three-year statute of limitations, and the clock will begin ticking on the date of the drunk driving collision.
Contact a Santa Fe Personal Injury Attorney
If you recently sustained serious injuries in a New Mexico traffic collision caused by a drunk driver, you may be eligible to seek financial compensation for your losses. An experienced Santa Fe personal injury lawyer at our firm can assist you. Contact Slate Stern Law today to get started on your claim.