In a recent press release for National Pedestrian Safety Month, the New Mexico Department of Transportation (NMDOT) noted that the state ranks #1 in pedestrian fatalities. According to the data, the state sees 4.87 pedestrian fatalities per 100,000 residents, which is more than twice the national average of 2.3. But what makes New Mexico so dangerous compared to other states?
When and Where Do Most Pedestrian Accidents Occur?
According to data compiled by the National Highway Traffic Safety Administration (NHTSA), 73 percent of pedestrian fatalities occur when pedestrians are crossing the road not at an intersection. Eighteen percent of these fatalities occur at intersections, and 9 percent occur in other locations, such as on the road’s shoulder. The NHTSA’s data also shows that 75 percent of fatal pedestrian accidents happen in the dark.
Based on this data, it’s clear that pedestrians are most likely to be fatally struck by a vehicle while crossing the road in the dark and not at an intersection. This highlights the state’s need to incorporate more designated crosswalks and improve street lighting so drivers can see pedestrians after dark.
Factors Contributing to Pedestrian Fatalities
Several factors contribute to New Mexico’s heightened pedestrian death rate, including:
- Increased Pedestrian Rates – NMDOT’s data shows that approximately 30 percent of New Mexico’s residents are non-drivers. This includes children, individuals who can’t afford vehicles, and those who choose not to drive. However, this high rate of pedestrians also means that collisions with them are more likely.
- Inadequate Infrastructure – Poor lighting, long distances between intersections, and a lack of bridges or tunnels to safely transport pedestrians from one side of busy roads to the other contribute to the rate of fatal pedestrian accidents.
- Driver Behavior – Speeding, distracted or intoxicated driving, and other dangerous driver behaviors play a significant role in pedestrian accidents. If the driver had been paying attention, they often would have avoided striking the pedestrian.
New Mexico Pedestrian Laws
Under NM Statutes Section 66-7-334, pedestrians have the right of way when crossing the road in a crosswalk. This means drivers must slow down and prepare to stop to allow the pedestrian to cross.
If a pedestrian wants to cross the road at a location other than a crosswalk, NM Statutes Section 66-7-335 authorizes them to do so if there isn’t a pedestrian tunnel, bridge, or marked crosswalk nearby. However, pedestrians crossing without a marked crosswalk must yield the right of way to vehicles.
When sidewalks are available, NM Statutes Section 66-7-339 requires pedestrians to use them rather than walking in the roadway. If there is no sidewalk, pedestrians may walk along the side of the road facing oncoming traffic.
Seeking Compensation After a Pedestrian Accident
NM Statutes Section 37-1-8 gives pedestrians injured in vehicle collisions three years to file insurance claims or lawsuits against the driver who struck them. Additionally, Section 41-2-2 gives family members three years to file claims or lawsuits against drivers responsible for killing their loved ones in pedestrian accidents.
You must file your insurance claim or lawsuit within this three-year time limit or risk the courts barring you from recovering the compensation you deserve. An experienced pedestrian accident attorney can handle your case and file your claim or lawsuit on your behalf.
Contact Our New Mexico Pedestrian Accident Lawyers
If you were struck by a vehicle in New Mexico, it’s essential that you work with an experienced pedestrian accident lawyer when seeking compensation. Contact Hunt Law Firm for a free consultation with one of our skilled lawyers about your case. We’ll review the accident details, go over your options for seeking financial recovery, and answer any questions you have about your pedestrian accident case.