Pedestrian Accidents in New Mexico

New Mexico has one of the highest pedestrian fatality rates in the United States. Pedestrians have the right-of-way when crossing a street within a crosswalk; however, this does not mean that a pedestrian cannot be considered at fault. If you have been injured in a pedestrian accident, Slate Stern, P.C. will evaluate your case and can assist you with seeking compensation for your injuries which may include medical expenses and lost wages.

New Mexico Pedestrian Accident Lawyers Representing Clients in and Around Santa Fe

Pedestrian accidents in New Mexico can be devastating, often resulting in debilitating and life-altering injuries. Much too often, pedestrian accidents happen when a pedestrian is crossing the street in a crosswalk and otherwise abiding by the rules of the road simply because of a negligent or careless motorist. According to the New Mexico Department of Transportation, in 2019, pedestrian collisions occurred so often that a pedestrian was hit by a motor vehicle, on average, every 13 hours. Many of those collisions were hit-and-run crashes where the motorist left the scene of the accident. In the last several years, pedestrian accidents have been markedly high in New Mexico in comparison with years past.

If you or someone you love suffered injuries in a pedestrian accident caused by a negligent driver, it is time to hold that driver accountable and to seek financial compensation for your losses. An experienced New Mexico pedestrian accident lawyer at Slate Stern Law is here to assist you with your claim.

Common Causes of Pedestrian Accidents in New Mexico

Negligent motorists are the most common reason for serious and deadly pedestrian accidents in New Mexico. Driver negligence can take many different forms, including but not limited to the following:

• Aggressive driving, including speeding, weaving in traffic, and running stop signs or red lights;
• Distracted driving, such as texting while driving or eating while driving;
• Intoxicated driving, which can include driving after consuming alcohol or drugs; and
• Drowsy or fatigued driving, which can happen anytime a driver does not get enough sleep to stay awake behind the wheel.

Comparative Fault and Pedestrian Liability in New Mexico

Different states have their own laws concerning comparative fault or contributory negligence. In some states, known as “pure comparative fault” states, a plaintiff can recover damages regardless of his or her portion of fault as long as the defendant is still partially responsible (even if only 1 percent). However, the plaintiff’s damages award will be reduced by his or her percentage of the fault. Other states are known as “modified comparative fault” states, in which a plaintiff can recover a damages award reduced by his or her percentage of fault up to a point. In these states, when a plaintiff is either 50% or 51% at fault or more, the plaintiff is barred from recovery. And in yet other states, known as “pure contributory negligence” states, a plaintiff is barred from recovery if she is even 1% at fault.

New Mexico falls into the first category as a pure comparative fault state. What this means is that a pedestrian can still recover even if that pedestrian played a role in causing the accident as a result of intoxication or distracted walking, for example. Our pedestrian accident lawyers can also gather evidence to show that you as the pedestrian are not at fault—even minimally—and thus that you should receive 100% of your damages award.

Timeline for Your New Mexico Pedestrian Accident Lawsuit

Every type of personal injury lawsuit in New Mexico has a statute of limitations, which is the amount of time or time window that a plaintiff has to file a lawsuit. For most pedestrian accident lawsuits, the statute of limitations is three years from the date of the initial collision. Within the three-year time window that follows the date of the crash, a plaintiff must file a lawsuit against the liable party or parties in order to obtain compensatory damages for losses incurred. If an injured pedestrian fails to file a lawsuit within that three-year time window, New Mexico law says that her claim will become a time-barred claim.

Many pedestrian accidents horrifically result in fatal injuries. If you lost a loved one in a devastating pedestrian accident, you should know that the statute of limitations for a wrongful death lawsuit is also three years, but the three-year time window starts on the date of death (as opposed to the date of the accident). In some pedestrian accident cases, the difference is inconsequential because the date of the accident is also the date of death.

Contact Our New Mexico Pedestrian Accident Lawyers for Assistance

If you were injured in a pedestrian accident involving a negligent driver, it is essential to learn more about filing a claim from our New Mexico pedestrian accident attorneys. Pedestrian accidents frequently result in debilitating and life-threatening injuries when motor vehicles are involved, and pedestrians often sustain fatal injuries in these devastating collisions. Our firm can help you to seek the financial compensation you deserve. Contact Slate Stern Law to learn more about how we can assist you.

Additional Pedestrian Accidents in New Mexico Information