Albuquerque Car Accident Lawyer

What Types of Damages Can I Recover After a Car Accident in New Mexico?

You can pursue compensation for two types of losses in a New Mexico car accident claim. First, you can seek reimbursement for any financial costs, or economic losses, including the following:

• Past and future medical expenses
• Lost wages
• Out-of-pocket costs
• Future diminished earnings
• Property losses

You can also seek compensation for the effects your injuries have had on your quality of life, including the following non-economic losses:

• Pain and suffering
• Disability
• Dismemberment
• Disfigurement

These losses don't have an inherent value. Instead, the compensation depends on the severity of your injuries and their impact on your daily life.

How Much Does a Car Accident Lawyer Cost in Albuquerque?

Most Albuquerque car accident lawyers work on a "contingency" fee basis for personal injury cases. They take a percentage of any settlement or award they recover for you rather than charging you an hourly rate. After you hire an attorney, they can often help delay collection efforts from your medical providers, easing your financial burden and providing immediate relief.

Contingency fee agreements allow individuals to access legal services without paying an up-front "retainer" for legal fees. These arrangements motivate attorneys to work diligently on your case and aim for a swift resolution since their payment depends on securing a favorable settlement or outcome for you. A set percentage also prevents them from overcharging.

Carefully read the terms of a lawyer's proposed fee agreement before signing it. Pursuing a case can involve many different costs, such as fees for postage and couriers, filing and court costs, medical record retrieval, expert witnesses, court reporting and more. These can amount to thousands of dollars. Discuss who will be responsible for paying the costs related to your case and whether they will be paid as the case progresses or deducted from the settlement.

How to Hire an Albuquerque Car Accident Attorney

If you're looking for a lawyer in Albuquerque, the abundance of experienced attorneys can make choosing overwhelming. While there are many qualified Albuquerque car accident law firms, finding the right one for your situation can help reduce the stress and uncertainty of pursuing your claim. Here are some tips to make the process easier:

• Your lawyer will be your partner in a stressful and deeply personal undertaking. You'll need to work closely with them and feel comfortable telling them the whole truth, sharing personal medical information and discussing confidential matters. Don't feel pressured to choose the first lawyer you interview. Schedule several initial consultations and explain that you want to get several different perspectives on the strength of your case and your options for proceeding.
• Choose a lawyer who communicates well with you in the language and method you prefer (via text, telephone call, video chat, written status reports or other methods). Many law firms offer virtual consultations and communications, reducing the amount of time and disruption to your life. However, if you prefer in-person meetings, choose an attorney that is convenient and available when you need them.

In the end, trust your instincts. You need to be able to trust and confide in your attorney without reservations. The best accident attorney in Albuquerque is the one who strikes the right balance between comfort, confidence and expertise.

Steps to Take After a Car Accident in Albuquerque

Your actions after a car accident can affect your insurance claim or lawsuit. You should document your accident by taking photos of the crash scene and gathering eyewitness names and contact information.

Additionally, you should seek medical care appropriate for the severity of your injuries. This will help you recover physically and supply you with medical records that document when and how your injuries occurred.

Another important step is requesting a copy of the police crash report. Understanding these reports can help your attorney build a stronger case and challenge any disputed liability. In New Mexico, these reports include detailed information about road conditions, contributing factors, and circumstances surrounding the accident.

Common Injuries From Car Accidents in Albuquerque

Car accidents are highly energetic and traumatic events. The crash energy generated by a collision can fracture bones and tear soft tissues. The worst car accident injuries affect the nervous system, producing brain damage and paralysis. However, these injuries are relatively rare. More common ones include:

• Neck strain, commonly called whiplash
• Facial fractures and other airbag-related injuries
• Chest bruises from the seat belt
• Herniated disc
• Concussion

Although many of these injuries will heal within a few months, you may still incur significant costs during your recovery. According to CDC injury statistics, motor vehicle crashes result in over 2.5 million emergency department visits annually, with each crash-related ED visit costing about $3,300 and each hospitalization about $57,000 over a person's lifetime.

Average Car Accident Settlement in Albuquerque

Many factors influence the value of a car accident settlement. These include the severity and permanence of your injuries, the circumstances of the accident and the determination of fault. The strength of the evidence and how the case will play to a jury can also factor into the value of a settlement.

For example, imagine a drunk driver runs a red light on Central Avenue, hits another car and flees the scene. Although the accident was minor and the victim has no physical injuries, she now suffers from PTSD and is unable to work at her previous job. These factors increase the value of her claim, and a jury will likely disapprove of the other driver's dangerous actions, which may support a punitive damages award.

Unlike jury verdicts, many settlements are confidential, making it impossible to calculate the average settlement value for a car accident accurately. However, according to NHTSA crash cost data, settlements for "minor" car accidents typically range from $3,000 to $25,000, with a median of $12,500.

An experienced Albuquerque auto accident attorney can draw on their years of relevant knowledge from handling and settling numerous cases to assess the value of your case and its settlement potential. They can help you negotiate a settlement that accurately reflects the full scope of your damages, using detailed medical records, expert opinions and accident reports to demonstrate the true extent of your injuries and their impact on your life.

Filing a Car Accident Lawsuit in New Mexico

New Mexico is an at-fault state for auto insurance claims. Victims must file claims with the other driver's insurance company. If the company accepts its insured was at fault, it is responsible for paying damages to the victims. However, companies often contest liability or challenge the scope of the victim's claimed damages. In this situation, it may be best to file a lawsuit.

In New Mexico, the statute of limitations for most personal injury claims is three years from the date of the injury. Most car accident claims fall into this category. However, some types of claims (like those against public agencies) have much shorter time limits, while others may have different statutes of limitations. Even if the time to file a claim has expired, you should consult with an experienced Albuquerque car accident lawyer.

If you don't file a lawsuit within the time allowed by law, you will lose your right to recover compensation. It's best to consult with an attorney as soon as possible after an accident to ensure evidence is preserved and build the most robust case. Most Albuquerque car accident attorneys offer injury victims free, no-obligation initial consultations.

Understanding Comparative Negligence in New Mexico

New Mexico uses a legal doctrine called pure comparative negligence. It allows you to recover compensation after an accident you partially caused. However, your compensation is reduced in proportion to your share of the fault. Unlike some states, New Mexico allows recovery even if you are more than 50% at fault, though your compensation will be reduced accordingly.

This doctrine is meant to ensure fairness. For example, suppose that you accelerated to get through a yellow light on a busy Albuquerque street. The other driver incorrectly assumed you would stop and turned left across your path. If you are found 25% at fault for accelerating instead of slowing down at the yellow light, you can still recover 75% of your losses.

How Does a Car Accident Lawsuit Work in Albuquerque?

All drivers have a responsibility to try to prevent causing harm to others on the roadways. You can file an Albuquerque car accident lawsuit if someone else is legally responsible for a car accident that causes you to suffer damages. This may include an at-fault driver, the employer of someone at fault for an accident or a third party who shares legal liability (such as the manufacturer of a defective vehicle part or the city if poor road maintenance contributed to the accident).

Many types of damages are recoverable in a car accident lawsuit. These include economic damages (such as medical bills, vehicle damage and lost wages) and non-economic damages (such as pain and suffering). An Albuquerque car accident lawyer can help you calculate the full value of your claim and how to pursue compensation for your damages.

While you can file a lawsuit without a lawyer, pursuing a case on your own is not recommended. There are many procedural requirements that litigants must comply with. Failing to do things correctly can result in your case being dismissed, ending your opportunity to recover compensation. Hiring an attorney with experience in the Bernalillo County court system is highly recommended to prevent this situation.

Common Causes of Car Accidents in Albuquerque

According to the NMDOT Traffic Safety Division, leading causes of nonfatal accidents were cited as distracted driving, failure to yield the right-of-way, and other moving violations, while leading causes of fatal accidents were cited as distracted driving and intoxication by drugs or alcohol. The CDC transportation safety research identifies common behaviors that result in car accidents:

• Speeding
• Failing to yield
• Driving while distracted
• Following too closely
• Driver inattention

Although it is not among the most frequently occurring reasons for crashes overall, impaired driving is one of the most common causes of fatal car accidents in Albuquerque. The NMDOT motorcycle safety data shows that in 2022, there were 54 motorcycle fatalities in New Mexico, with 8 involving alcohol, demonstrating the serious impact of impaired driving on road safety.

How Common Are Car Accidents in New Mexico?

According to NHTSA traffic data, traffic fatalities nationwide declined by 4.4% in the first nine months of 2024 compared to 2023. The latest CDC transportation safety data shows that motor vehicle crashes remain a leading cause of death, killing over 120 people every day nationwide.

In New Mexico specifically, the NMDOT Traffic Safety Division reports progress in reducing fatalities. In 2024, New Mexico saw 94 pedestrian fatalities, down from 108 in 2023, though the state continues to have the highest per-capita pedestrian fatality rate in the nation.

Data from the University of New Mexico crash reports indicates that during 2022, about 1% of crashes resulted in a fatal injury and about 31% of crashes resulted in an injury. Additionally, about 18% of crashes were hit-and-run accidents, highlighting the importance of remaining at the scene after an accident.

Types of Car Accident Cases in Albuquerque

Albuquerque is working toward implementing Vision Zero initiatives to improve road safety and reduce traffic fatalities. Unfortunately, many different types of car accidents occur in the Albuquerque metro area. Common types of Albuquerque car accidents include:

• Company Cars: Many New Mexico companies provide their employees with temporary or permanent vehicles. If the driver is "on the clock" when involved in an accident, their employer may also be liable. An Albuquerque company car accident lawyer will look carefully at the circumstances and pursue all potential claims to recover the compensation you deserve.
• Rideshare Accidents: If an accident occurs while you are riding in an Uber or Lyft or if you are in a collision with a rideshare vehicle, a rideshare accident lawyer can help you find out who is responsible and hold them accountable.
• Truck Accidents: If you're involved in an accident with a semi-trailer, commercial truck or other delivery vehicle on Albuquerque's busy highways, accident lawyers with experience pursuing trucking claims can help you sort out liability and pursue your claims. These complicated cases can involve multiple insurance companies and defendants based all over the U.S.
• Driving Under the Influence: Driving under the influence (DUI) is illegal, but victims injured by an impaired driver aren't automatically compensated when a drunk driver goes to jail. An Albuquerque auto accident attorney can help you pursue compensation if you were injured by a drunk or impaired driver.
• Motorcycle Accidents: With New Mexico's scenic routes and favorable weather, motorcycle accidents are unfortunately common. These accidents often result in severe injuries due to the lack of protection for motorcyclists.
• Pedestrian Accidents: Given Albuquerque's high pedestrian fatality rate, pedestrian accident cases require special attention. These accidents often occur at busy intersections or along major thoroughfares like Central Avenue.

If you've been in any type of vehicle accident in the Albuquerque area, contact an Albuquerque car accident attorney. They will help you understand your options and pursue a claim for your damages.