Las Cruces Legal Blog

Seeking justice for an injury through civil litigation

After you have been hurt by someone else, your first thought may be about getting the medical attention you need at a New Mexico hospital. Following closely on the heels of that concern may be the cost of the care you need. If your injuries were caused by a person who acted carelessly, recklessly or negligently, the law might side with you in thinking that the one at fault should pay. We at Almanzar & Youngers, P.A., have experience working with clients who want to seek compensation through litigation.

The American Association for Justice explains that although the act or failure to act that caused your injury was not criminal, you may still take the other party to court. The purpose of the civil justice system is to uphold fairness and equality in personal injury cases, and it does this by holding the party at fault accountable, enforcing reparation of harm and preventing injuries in the future.

How to determine negligence

When someone has been hurt or killed due to negligence in New Mexico, legal action can often be pursued. According to National Paralegal, there are four factors - duty, breach, cause and harm - involved with determining if negligence is involved in an accident, and each one of them needs to be met in order for a case to be considered.

The first thing to consider is if the plaintiff was owed a duty by the defendant. There are two types of duties that one may be responsible for. One is to act in a way that a normal person is expected to act, and the other is a duty that is determined by law or statute.

Which health conditions can cause an auto crash?

From intoxication to distractions such as cell phone use, traffic collisions continue to happen for an array of reasons. However, it is crucial to focus on some of the other causes behind these wrecks, such as health conditions which may affect a driver's ability to safely operate his or her vehicle. Sadly, motor vehicle collisions have claimed many lives in recent years and they have also left far more victims with injuries that keep them from enjoying the quality of life they had beforehand.

The National Highway Traffic Safety Administration covers some of the different health conditions that can result in a traffic accident. For example, a driver who suffers a heart attack or stroke while behind the wheel may lose control of their vehicle. However, there are other health conditions which can lead to a crash, such as seizures, diabetic reactions and blackouts. Drivers may blackout for different reasons, including extreme dehydration, as one example. Moreover, people who have certain health conditions may be required to take medicine which can interfere with their ability to drive safely.

What are some weather-related hazards that can cause a crash?

Whether you are commuting to work, running errands or driving for any other reason, there are all sorts of potential dangers that can lead to an accident. Sometimes these crashes are caused by negligent drivers, such as those who fail to follow traffic safety laws or drive while they are drunk or otherwise impaired. However, there are other things you should keep an eye out for when behind the wheel, such as potentially dangerous New Mexico weather.

The Federal Highway Administration draws attention to many of the different weather hazards that drivers face. In fact, weather conditions can increase the likelihood of a traffic accident in various ways. For example, you may lose control of your vehicle while driving on roads that are covered in snow or ice. Or icy roads may cause a driver who is driving too fast to veer into your lane.

Legal recourse for past sexual abuse

The sexual abuse of a child or other vulnerable person is one of the most heinous acts a perpetrator can commit. It has long-lasting consequences beyond what the criminal justice system can remedy. Survivors of sexual abuse in New Mexico should know their civil legal options as well.

There are many actions that constitute sexual abuse. According to the Rape, Abuse and Incest National Network, sexual abusers frequently take advantage of relationships built on trust to gain access to and exploit their victims. RAINN reports that most abusers know the children they abuse. Sexual abuse of a child can include any type of sexual touching, intentionally exposing a minor to sexual conduct and forcing a minor to participate in sexual behavior. RAINN describes a wide range of physical and psychological problems that stem from child sexual abuse. They range from genital injury to suicidal ideation. These injuries can linger well beyond the duration of the abuse.

Piecing life together after a pedestrian accident

Whether you walk to work or elsewhere because it is more convenient than driving or you simply like to get some exercise, you may face various risks as a pedestrian. If you walk along busy roads, a driver may strike you while you are crossing the street or because they swerved onto the crosswalk. At Almanzar & Youngers, we are all too familiar with how hard these accidents can be for victims. Even quiet and rural roads can be dangerous for pedestrians to walk on. If a car has struck you or a family member of yours, recovering in every way possible, or at least trying to, is vital.

Sadly, pedestrians who are hit by cars and trucks of all sizes may face an uphill battle. Not only do they sometimes lose their lives, leaving loved ones with permanent pain and other challenges, but they may have to endure devastating injuries that cause a great deal of suffering. On top of physical limitations and pain, pedestrian incidents can cause mental trauma and financial hardship. For example, an injured pedestrian may have to take time off of work after the accident, or they could be having trouble with hospital costs.

Why seniors are more likely to suffer in fall accidents

Many elderly seniors living in New Mexico are not aware of the slip-and-fall dangers they face in and outside of their homes that can result in severe injuries. According to the Centers for Disease Control and Prevention, older people are more likely to sustain severe injuries and die from fall accidents than any other type of incident. Slip-and-fall accidents are not always avoidable. But property owners can take measures to prevent them.

When older people fall, they tend to suffer injuries to their hips, joints and heads. Here is a brief overview of why seniors have a higher rate of suffering from slip-and-fall accidents than any other age group. 

Apple's 'do not disturb' feature could prevent distracted driving

With distracted driving accidents on the rise, phone makers have faced increasing pressure to do something about the problem.

In fact, Apple was sued earlier this year for failing to implement a "driver mode" that would disable phones while drivers are behind the wheel.

Workplace accidents and wrongful death

From motor vehicle accidents to negligence in nursing homes, there are many examples of wrongful death cases. However, some people in New Mexico (and elsewhere) lose their lives while working.  At Almanzar & Youngers, our law firm is very familiar with the different types of challenges that these fatalities can create for families, from devastating sadness to financial difficulties.

On-the-job fatalities take many forms, from construction site accidents to traffic collisions, falling debris and exposure to harmful chemicals. Sadly, some of these fatal accidents could have been avoided, but took place because of the negligence of another party. For those who are trying to cope with the loss of a family member, it can be incredibly devastating to realize that the death was preventable and the accident never should have happened in the first place.

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