Most car accident lawsuits and insurance claims name the at-fault driver as a defendant because the main cause of most accidents is negligence on the part of one of the drivers involved. Some examples of this negligence include excessive speed, distracted driving, and driving under the influence of alcohol or drugs. Less commonly, though, the cause of the accident might be something other than driver error. For example, it might be due to a malfunction of one of the vehicles arising from a manufacturer’s defect. If that is the case, you can file a product liability claim against the car manufacturer. Likewise, if the cause of the accident was the design of a parking lot or roadway where it was difficult to see approaching vehicles, the liable party could be the owner of the property, whether it is a private landlord or a public entity such as a county or city. If you got injured in a car accident where poor visibility was a contributing factor, contact a Santa Fe car accident lawyer.
Who is Responsible: City or Business Owner?
In 2019, Corey Hall was trying to turn from Volcano Road onto 98th Street. On his right, the direction of his turn, was a shopping center, where hedges and a McDonald’s sign blocked his view of oncoming traffic. Even though Hall approached the intersection slowly and cautiously, he could not see the oncoming traffic clearly enough to know when it was safe to turn. He turned when he thought it was safe, but an approaching car struck him. He suffered multiple bone fractures to his ribs and cervical spine and a traumatic brain injury. To this day, he suffers from memory impairment and neurological symptoms because of the TBI.
Hall’s lawyers first pursued a claim against the New Mexico Department of Transportation, but it turned out that the property that had blocked Hall’s view fell outside its jurisdiction. In the lawsuit, the City of Albuquerque and the company that owned the shopping center were named as defendants.
Damages Award Caps Do Not Stop City From Making Big Changes
In 2024, Hall received a $750,000 settlement from the City of Albuquerque. This is the maximum damages award that New Mexico law allows for negligence claims against government entities. Even though this might not be enough money to protect someone with severe, permanent injuries from future financial hardship, the court also ordered the city to make changes to prevent future accidents like the one that caused Hall’s injuries. An investigation revealed that starting in 2015, accidents at the intersection of Volcano Road and 98th Street had steadily increased. The city redesigned the intersection so that it is easier for drivers to see approaching cars before they turn.
Contact Slate Stern About Car Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in motor vehicle accidents. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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