Las Cruces Legal Blog

After a car accident, always consult a lawyer before settling

You're driving home from work one Thursday afternoon. Suddenly, another car plows into you from the side--sending you spinning into oncoming traffic. Miraculously, you survive--but the damage to your car and your person is considerable.

You're taken to the hospital, and the full impact of the incident begins to sink in. You have a broken leg and collarbone. You're in immense pain. And you're left wondering who will pick up your kids from school--or how you'll pay the bills while you're out of work.

How partial fault impacts accident compensation in New Mexico

It's dawn, and the roads are clear. You decide to take your Harley out for an early morning joy ride. As you coast down the highway--enjoying the sun rise--you notice a car approaching in the lane to your left. As the driver passes you, they simultaneously drift into your lane--forcing you to go tumbling off the road.

Fortunately, you were wearing a helmet--and you survive. But you've suffered considerable injuries--broken bones, road rash and even damage to your eyes from flying debris. You sue the other driver for the damage to your bike, your medical bills and your inability to work.

Understanding motorcycle safety laws in New Mexico

The Land of Enchantment is an attractive state for bikers. If you like long roads and beautiful vistas, you and your hog have probably found your way through the Southwest before.

Motorcycle laws vary dramatically by state, so whether you live in New Mexico or are just passing through, it's important to understand the expectations that law enforcement has of motorcyclists. In this article, we outline a few core requirements of bikers in New Mexico:

Dangerous Ds of Driving: Beware them during holiday travel

Regular readers of our blog know that we often share information about road dangers to be aware of. Because the holidays are typically when more Americans are on the road than at any other time of year, we’re going to take a quick look at the dangerous Ds of driving: drinking and drugs, distractions, drowsiness.

Each D can lead to motor vehicle crashes that result in serious injuries or fatalities.

Report: Nursing homes using antipsychotic drugs on dementia patients

When your mother started having trouble remembering her address and her late husband's name, you realized she couldn't live on her own anymore. It was time to find her the support she needed. So you researched all of the nursing homes and assisted living facilities in your area, and you moved her into an apartment with a comprehensive dementia treatment program.

Shortly after her move, however, you noticed a sharp decline in her cognition. Previously, your mom had been forgetful, but she was always her same, vibrant self. But when you visit her now, she's often barely responsive-even catatonic. Imagine discovering that this behavior is not a natural progression of her disease-but rather the result of highly sedative drugs.

Factors contributing to the increase in hit and run deaths

Pedestrians and bicyclists in New Mexico who follow the rules of the road should feel safe on or near the roadways, whether traveling urban streets or rural areas. However, hit and run fatalities are on the rise, making them an increasing safety challenge.

The Truth About Cars reports that identifying the correlation between the increase and root cause is difficult as there are many factors involved, from distracted driving and poor road conditions to individuals failing to obey traffic laws. Statistics from 2016 indicate that the 2,046 pedestrian deaths reported throughout the country were a 60 percent increase from 2009.

New Mexico DOT takes action on dust storms

Dust storms are a dangerous hazard for New Mexico drivers, and it has led the New Mexico Department of Transportation (NMDOT) to make specific efforts to reduce interstate deaths. The NMDOT said they have shut down the interstate 15 times since January due to dust or high windows, but no lives have been lost.

Among the steps taken this year by the NMDOT were:

  • Planting more vegetation
  • Widening the stretch of interstate to increase soon for pulling over
  • Installing large lighted signs to advise drivers what to do during a storm
  • Acquired more dust detectors to alert state officials of an oncoming storm

The mental battle involved after a car accident

Drivers in New Mexico may think that if there are no physical injuries due to a car accident, then it is back to business as usual once any property damage is fixed. Unfortunately, this is not the case for some accident victims.  Many suffer from mental and psychological responses that result in feelings of anxiety, fear and nightmares surrounding the accident.

According to KTAR News, post-traumatic stress disorder (PTSD) is a common occurrence after a car accident. Symptoms may include flashbacks of the accident, difficulty sleeping due to bad dreams and upsetting memories.

Are limousines safe to ride in?

If you are attending a special event in New Mexico, there is a chance a limousine is involved. These luxury vehicles hold larger groups of people and are popular for nights out and celebrations of all kinds. Unfortunately, not all limos meet, or are even required to meet, safety requirements like other vehicles are and this puts passengers at greater risk of injury or death in the case of an accident, fire or other emergency. 

According to NPR, a recent limousine accident resulted in the death of the driver, all 17 passengers and two pedestrians. Not only is this transportation crash the deadliest since 2009, it brings up inquiries about who is at fault. The intersection where the crash occurred is known for being dangerous, but there are also questions about the safety of the limo itself.

The risk of a crash while running late

There are many different reasons why drivers accidentally cause motor vehicle wrecks. Some may be careless, such as those who use their smartphone on the road. Other drivers cause accidents because they are intoxicated after drinking or using drugs. Even people who think of themselves as responsible drivers may find themselves in a position where they are driving dangerously, including those who are running late for work or an important appointment. If you ever find yourself short on time, be careful and avoid speeding or any other type of dangerous driving.

Whether an employee slept in and is worried about making it to work on time or someone fears that they will miss a very important meeting with a client, running late can be incredibly stressful. An accident can not only derail the meeting or work day but a driver's entire life. It is crucial to be mindful of the dangers that may come with rushing on the road, such as going over the speed limit, failing to stop at a sign or red light or switching lanes abruptly, among other examples of dangerous driving.  Some drivers who are running late are distracted, especially if they make calls or send texts to explain their delay.

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