The likelihood of a car accident increases significantly during bad weather. Inclement New Mexico weather, such as rain, sleet, fog, snow, and ice, can reduce visibility, brake performance, speed control, and traction. Santa Fe and Albuquerque drivers have a legal duty to adjust their speed and take extra caution when they travel in bad weather conditions. Drivers who fail to use reasonable care during bad weather are liable for any injuries they cause.
If you or your loved one has been injured in a bad weather car accident in New Mexico, you may be entitled to compensation. Under New Mexico law, negligent drivers are financially responsible for the injuries they caused during bad weather car accidents. Contact Hunt Law Firm today to schedule your initial consultation to learn how to protect your rights and help you seek the compensation you deserve.
Icy and Slippery Roads Can Cause a Bad Weather Car Accident Even in Santa Fe & Albuquerque
In 2018, Albuquerque and many other parts of New Mexico endured a rare winter storm that blanketed the state with over two feet of snow. Albuquerque had 8 inches of snow and roads were icy or covered with snow for several days. Since New Mexico drivers are used to driving and temperatures above freezing, many do not have experience driving in bad weather conditions.
When New Mexico experiences ice and snow, the number of car accidents increases. Snowy, icy roads make it difficult for tires to keep traction on the road surface. Stopping a car or vehicle or controlling a vehicle during lane changes or acceleration can become challenging. Many bad weather car accidents happen when a driver loses control of his or her vehicle on slippery, icy roads.
Poor Visibility Can Cause a Bad Weather Car Accident
New Mexico snowstorms can create white-out conditions in which drivers can’t see what’s in front of them. Foggy or frozen windshields limit a driver’s ability to see the road. Drivers have a duty to clear off snow and ice from their windshield before they get into their car to avoid preventable car accidents. They also have a duty to pull off the road and slow down when they cannot see clearly out of their windshield due to whiteout conditions caused by snowstorms.
Out-of-Control Vehicles Can Cause a Bad Weather Car Accident
Many bad weather car accidents are caused by out-of-control vehicles. Even when some drivers are cautious and safe during winter weather, other drivers may ignore warnings and continue to drive unsafely. Staying out of the way of negligent and reckless drivers isn’t always possible. Unfortunately, safe drivers are often the victims of bad weather car accidents.
When semi-trucks are involved in bad weather car accidents, the risk of severe injury and death increases. During winter weather conditions, semi-trucks are at an increased risk of jackknifing, causing dangerous multi-vehicle collisions on New Mexico freeways. Passenger vehicle drivers should give truck drivers lots of space during winter weather to avoid catastrophic car accidents. However, it’s not always possible to avoid a jackknifed semi-truck when driving down the freeway.
New Mexico’s Fault-Based Insurance Law Acting in Santa Fe & Albuquerque
New Mexico uses a fault-based system to decide who should receive compensation after a bad weather car accident. In New Mexico, the at-fault driver’s car insurance company is responsible for providing you with compensation after a car accident. Unfortunately, car insurance companies are notorious for denying claims unfairly and offering settlement agreements far too low to cover all victims’ expenses.
At Hunt Law Firm, we will assertively represent your interest when dealing with car insurance companies. Whether you’re filing a claim with the at-fault driver’s insurance company or filing an underinsured or uninsured motorist claim with your own insurance company, we will help you navigate the process. One of our attorneys will handle all communication and negotiation with the insurance company so you can focus on your recovery.
Determining Fault
Trying to recover from devastating car accident injuries is challenging enough, but many of our seriously injured clients also struggle to pay their medical bills. Seeking compensation through a personal injury lawsuit can help you and your family secure your financial future. The first step in recovering compensation involves proving liability. As the injured victim, you will need to prove that the other driver’s negligence or recklessness caused your bad weather car accident.
Sometimes people assume that when bad weather causes car accidents, they can’t recover financially. However, drivers still owe other drivers a duty to drive reasonably under the circumstances in bad weather. In other words, drivers must drive reasonably during bad weather conditions.
The insurance company or the defendant may try to deny your claim, claiming that the bad weather conditions caused the accident, not the defendant. At Hunt Law Firm, we will thoroughly investigate your case and find all available evidence that proves the defendant’s negligence, such as:
- The defendant failed to use headlights
- The defendant didn’t reduce his or her speed as a reasonable driver would
- The defendant failed to completely clear his or her vehicle of ice or snow before driving
- The defendant was under the influence of drugs or alcohol
- The defendant failed to use the turn signal
- The defendant ran through a red light
Damages Available in a Bad Weather Car Accident
When another driver negligently or recklessly causes your car accident, you may be able to obtain compensation for the following expenses:
- Property damage to your car
- Past and future medical bills
- Lost wages due to missed work
- Future lost earnings if you are unable to return to work due to your injuries
- Compensation for pain and suffering
Contact a Santa Fe & Albuquerque Bad Weather Car Accident Lawyer
Contact Hunt Law Firm today if you’ve become injured in a bad weather car accident in Santa Fe and New Mexico that wasn’t your fault. If the other driver was speeding, distracted, drunk, or simply ignoring the dangers of bad weather, he or she should pay for the injuries he caused you. We offer our potential new clients a free initial consultation to discuss your case with us and find out if you have a claim for compensation.