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Albuquerque Personal Injury Law Blog

The role of negligence in a bicycle accident case

Negligence is the cause of many vehicle accidents, including those that involve bicycles. When a driver fails to take proper precautions and utilize care in the execution of their driving responsibilities, New Mexico bicyclists can be hurt and even killed. This post will generally discuss negligence in the context of a vehicle-bicycle collision but readers may use it as an informational introduction to the general topic of negligence.

Driving is a responsibility - that is why to legally drive a person must first acquire a license that proves they were able to meet a requisite level of competency to undertake the task of operating a motor vehicle. Once a person has their license, though, there are few checks in place to ensure that every time they get behind the wheel they are using their best judgment and meeting the standard of a reasonable person.

Death of NM motorcyclist leads to wrongful death lawsuit

Power outages are an uncommon occurrence that can introduce confusion into the days of New Mexico residents. When individuals are at home and lose power they may fire up the flashlight functions on their smartphones and search for candles and battery operated devices to illuminate their homes. When they are out on the roads, though, dangers can quickly mount as traffic lights and street lights go dim and leave drivers without clear directions to follow.

Recently a tragic accident occurred in Santa Fe where a power outage caused a commercial section of the town to go black. A father of three was on his motorcycle when he approached an intersection near a Kohl's retail center and came to a stop. As the traffic light was out he apparently approached the cross street with caution, but while stopping at the intersection he was hit from behind by a woman operating a sport utility vehicle.

Is it possible to suffer a neck injury during a car accident?

Collisions between vehicles on New Mexico roads happen when drivers fail to pay attention to what they are doing and make dangerous misjudgments about how to handle their cars, trucks and sport utility vehicles. Accidents can happen when drivers plow through red lights and stop signs, fail to yield to oncoming traffic, make dangerous passes on freeways and from a myriad of other preventable causes. When accidents happen it is not uncommon for victims to suffer injuries, and injuries to victims' necks can be some of the most common types of harm suffered.

When an accident victim's vehicle is hit that victim's head may jerk away from their body. While a seatbelt can be a life-saving tool for an accident victim it can also stop a victim's body from moving in the same direction and at the same velocity as the victim's head. As a result victims can suffer strains and pulls to the muscles and ligaments of the neck and that pain is commonly referred to as whiplash.

Medication errors in nursing homes are common

One of the main reasons that an Albuquerque family may consider moving a loved one into a long-term care or nursing home facility is to make sure that the impacted loved one is having all of their daily needs met. When a person can no longer cook their own meals, see to their own grooming or provide their own transportation it may signal to a family that they need to take proactive steps to keep their loved one safe. For many, nursing homes provide a level of security and peace of mind for those who would otherwise worry about the well-being of their relatives.

In addition to basic daily care, nursing and care homes support their residents with their medical and medicinal needs. Often a nursing home staff will be responsible for providing its residents with their daily prescriptions and necessary medical treatments. These services ensure that individuals who might not be able to maintain their medicinal regimens have help to improve their health.

Were you injured in a bicycle accident? We can help.

Readers of this New Mexico personal injury legal blog may be familiar with the adage, "It's as easy as riding a bike." Although it can take children some time to master the balance and coordination needed to successfully stay upright on a bicycle, once the skills are mastered there is practically nothing more enjoyable than riding one's own bike down the road. Throughout the state bike riders take to their cycles for a number of reasons, from commuting to school or work to riding for exercise and enjoyment.

Despite the pleasures that individuals can derive from bike riding the practice can be dangerous when negligent and reckless drivers create dangers for cyclists. Every year a number of Americans are hurt and killed when drivers fail to yield, fail to check their blind spots and otherwise fail to operate their vehicles responsibly and collide with cyclists. The injuries that a bicyclist can suffer in a crash with a vehicle can be catastrophic and the costs of their medical treatment and care can be calamitous as well.

Why are falls such a big problem in nursing homes?

The American population is aging. With advances in modern medicine and more initiatives to push people to lead healthier lives, New Mexico residents and their fellow citizens throughout the nation are living longer; sometimes into their seventies, eighties and beyond. As such, more and more people are finding that, as they age, they require some assistance to get through their daily lives, and as a result, more people are moving into nursing homes than ever before.

In fact, the Centers for Disease Control and Prevention (CDC) estimate that in 2003 there were around 1.5 million people over the age of 65 living in American nursing homes and there will be double that many in the same age group in such homes in 2030. More people moving into nursing homes, coupled with the prevalent dangers that often pose risks to residents in nursing homes' care, lead to many preventable incidents in such facilities, including falls.

Birth injuries can result in Erb's palsy complications

Erb's palsy can result when a person suffers an injury to their brachial plexus. The brachial plexus is located in a person's shoulder, and is a group of nerves that, if damaged, can result in weakness or even paralysis. In certain cases, babies born to New Mexico parents can suffer Erb's palsy if their delivery room doctors and nurses fail to take reasonable care in their deliveries.

For example, certain factors can increase the risks of a baby suffering from Erb's palsy due to the delivery. Large babies and babies who do not fit through their mothers' birth canals, can be more prone to brachial plexus injuries than other newborns. This is because they may experience significant pressure on their upper bodies during labor and may be subjected to interventions by doctors that can cause their necks and shoulders to be damaged as they are extracted.

Crash near hospital claims the life of motorcyclist

Hospitals are busy centers where individuals of all levels of need visit while seeking necessary medical care. Emergency patients may be brought in requiring life-saving procedures, while others may be registered as inpatients for routine treatments or surgeries. Still others may utilize hospitals' services for joyous experiences such as the births of children or spending time with loved ones who are on the road to recovery.

There is always movement in and around hospitals with so many people always coming and going. Unfortunately, from time to time, injury-causing accidents can happen at or near these centers where individuals seek assistance with improving their conditions. Recently, a man suffered very serious harm when the motorcycle he was riding was struck by a car while in the vicinity of Lovelace Hospital.

Negligent drivers should be held liable for inflicting damage

Most New Mexico drivers have experienced near-misses and other close calls when they have been out on local roads and highways. All it takes is a moment for drivers to miss a stop sign, fail to yield, or take their eyes away from that which is in front of them to cause a dangerous car accident. While vigilance and safe driving practices allow most drivers to avoid the collisions and crashes that threaten their safety when other motorists act irresponsibly, some careful motorists are nonetheless harmed when their vehicles are hit by others.

A car accident can be a terrifying experience. Immediately after an impact, victims may feel physical pain as well as mental stress and fear as they assess their injuries and the other harm that they have sustained. They may worry about how their involvement in an automobile accident will affect their ability to care for their family members, do their work for their employers, and meet the many other commitments that they are expected to fulfill.

What standard are children held to during bicycle accident suits?

In New Mexico, and other jurisdictions throughout the country, children are often the victims of collisions between vehicles and bicycles. This is the case because children and their bikes tend to be small relative to the roads that they ride on, and can easily be lost in the mirrors and blind spots of the drivers who encounter them. Children also generally do not have the same capacity for risk aversion as adults, and as such, may inadvertently put themselves in dangerous positons when they are out enjoying bicycle rides.

Since, by their nature, children tend to be less careful than adults, the standard that they are held to in bicycle accident cases tends to be lower than that applied to adults. While adult bicycle accident victims are expected to act reasonably, very young children are often considered incapable of exercising care and avoiding dangerous situations. Known as the "tender years" doctrine, very young kids rarely are found to have contributed to their own harm in bicycle accident cases.

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Albuquerque, NM 87102
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