New Mexico has one of the highest rates of pedestrian accidents and deaths in the country. When motor vehicles collide with pedestrians, the pedestrian accident can result in death and serious injuries. Common injuries caused by pedestrian accidents include fractured bones, spinal cord injuries, sprains, and head injuries. A single pedestrian accident can cause serious medical issues that can alter a person’s life for the long term.
Contact Our Assertive Pedestrian Accident Lawyers
Alcohol and negligent driving played a significant role in many pedestrian accidents in New Mexico. If another person’s negligent driving caused a pedestrian accident that resulted in your injuries, we can help. You might be entitled to compensation through a personal injury lawsuit. At Hunt Law, our experienced personal injury lawyers have a proven success record of fighting for clients injured in pedestrian accidents. Contact our Northern New Mexico personal injury lawyers today to schedule your free consultation.
Pedestrian Accidents Have Increased in Recent Years
According to the National Highway Traffic Safety Administration (NHTSA), over 6,200 pedestrian accidents resulting in fatalities took place in 2018. The most recent data focused on pedestrian accidents indicates a 3 percent increase in pedestrian deaths. In the most recent data surveyed in 2018, more pedestrians died in accidents than in any previous year since 1990.
In light of these statistics, New Mexico cities are attempting to become more walkable and safe for pedestrians. Nonetheless, pedestrians in Santa Fe and Albuquerque are always at risk of a pedestrian accident.
Types of New Mexico Pedestrian Accidents
Causing a pedestrian accident can only take a split second. Many drunk or distracted drivers are shocked when they hear the “thud” of hitting an innocent pedestrian because it happened so quickly. Drivers can cause pedestrian accidents by doing all of the following:
- Swerving onto the sidewalk and striking a pedestrian
- The driver collides with another vehicle and in doing so, strikes a pedestrian
- The driver runs a red light and strikes a pedestrian who is walking in the intersection
- The driver swerves on the highway and hits a pedestrian who is changing a tire
- The driver collides with a law enforcement officer pulled over on the side of the road
- The driver fails to slow down in a school zone or stop for a school bus
- The driver does not look before turning into a crosswalk
Drunk Driving is a Common Cause of Pedestrian Accidents in New Mexico
What factors are causing an increase in pedestrian accidents in New Mexico and around the country? Drunk driving has always been a major cause of pedestrian accidents. Drunk driving accidents are always dangerous; however, when a motor vehicle strikes a pedestrian, the accident can quickly become deadly.
In 2018, a pedestrian died as a result of an alleged drunk driver. The drunk driver crashed into another vehicle at an intersection. As a result of the crash, the driver struck a nearby pedestrian. The pedestrian later died from his injury. The driver who caused the pedestrian accident had a blood-alcohol level above the legal limit.
Distracted Drivers Cause Pedestrian Accidents in New Mexico
Distracted driving is illegal under New Mexico state laws as well as some federal laws. New Mexico law prohibits people from operating any electronic device while driving a motor vehicle. When drivers use the following devices while driving, they are more likely to cause a dangerous pedestrian accident:
- Cell phone use
- GPS use
- Eating while driving
- Talking while driving
- Adjusting the radio, mirrors, or climate controls while driving
- Failure to focus on the road
- Using a tablet, e-reader, or any other type of electronic device
- Using a laptop while driving
- Putting makeup on while driving
Proving Negligence in a Pedestrian Accident in New Mexico
If you or a loved one have suffered injuries due to a pedestrian accident, you may be entitled to compensation. Pedestrians who suffer injuries caused by negligent drivers may have a right to file a personal injury lawsuit. To succeed in a personal injury lawsuit in New Mexico, the injured pedestrian will need to prove the following:
- The driver owed the pedestrian a duty of reasonable care
- The driver breached his or her duty by driving negligently or recklessly
- The driver’s negligence or recklessness caused the pedestrian’s injuries
- The pedestrian suffered actual physical injuries
Drivers are negligent when their actions or inactions fail to meet the level of care that a reasonable person would use under the circumstances—driving while intoxicated is example negligence. When a driver has a blood alcohol level over the legal limit, he or she cannot drive reasonably under the circumstances because the alcohol impairs the driver’s judgment. The use of an electronic device or texting while driving is another example of negligent driving.
Establishing Liability in a Personal Injury Lawsuit
To succeed in a personal injury lawsuit, the injured pedestrian needs to prove that the driver’s negligence, recklessness, or intentionally poor driving caused his or her injuries. Under New Mexico law, drivers have three years from the date of the injury to file a lawsuit. At Hunt Law, our legal team conducts a thorough investigation into our clients’ cases. We gather witness testimony, CCTV footage, and any other evidence that assists us in proving the negligence of the driver.
Our New Mexico Pedestrian Accident Lawyers Are Here to Help
Victims of pedestrian accidents should explore all of their legal options for compensation. Successful plaintiffs can recover compensation for their medical expenses, pain and suffering, and other costs associated with their injury. At Hunt Law, our lawyers have a record of success when it comes to defending injured pedestrians. If you or a loved one have suffered an injury from a pedestrian accident, we can help.
Additionally, when a loved one dies as a result of a pedestrian accident, his or her family may be able to recover compensation to help cover their costs. The sooner you call our Northern New Mexico personal injury law firm, the better. We offer potential new clients a free consultation. Contact us today to learn how we can fight for your rights.