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Albuquerque Personal Injury Law Blog

When mundane activities cause injury, get compensated

If people across the country have one thing in common, it is that most of them get behind the wheel of a car at least once a day. Whether the motorist is driving to work, dropping the kids off at school or picking up groceries from the corner market, driving is a behavior millions engage in daily. Therefore, it may come as a surprise to most that it is also one of the most dangerous activities people willingly engage in. Thousands of people are injured or die in fatal car accidents every day.

When a routine matter like driving becomes deadly or causes significant injuries, it can be devastating for the victim and their loved ones. Instead of a grocery bill, victims are suddenly dealing with medical bills that they do not have the financial capability to meet. It could also result in the victim becoming unable to work, either temporarily or permanently, thus straining the family's finances at the very time they are needed the most.

Are New Mexico roads safe for bicyclists?

As the weather warms up, more and more cyclists will take to the roads to enjoy the warmer climate and get some exercise in. People of all ages bicycle for recreation and exercise without realizing the danger they are exposing themselves to. Unfortunately, the roads in this country are built with motorists in mind, not cyclists. This means that cyclists have to share the road with motorists who often fail to see them.

Albuquerque is the most dangerous city in the U.S. for cyclists. The city accounts for 200 to 300 bicycle injuries a year and, in 2015, there were five fatalities. This equated to 8.9 fatalities for a million residents.

Suspected drunk driver kills one, injures another in crash

It is not possible to quantify the loss that family members experience when they lose someone in an accident. It can be frustrating, trying to understand what prompted another driver to act irrationally and put the lives of everyone else at risk. While there can never be a satisfying answer to that question, it might be possible to hold a negligent driver accountable for their behavior through a civil lawsuit.

New Mexico state police have recently charged a man for his role in a fatal car accident. According to police, he was driving his vehicle on the wrong side of Interstate 25, when he collided head-on with another vehicle and a motorcycle. The driver of the motorcycle died as a result of injuries sustained in the crash and the other victim was taken to the hospital. Officers claim alcohol was a factor in the crash and have charged the man with a number of criminal charges, including DWI and vehicular homicide.

Does banning texting and driving reduce car accidents?

Distracted Driving Awareness month is the best time to point out the fact that distracted driving is still responsible for hundreds of deaths and hundreds of thousands of injuries across the country annually. In 2016 alone, approximately 3,500 people died and 391,000 were seriously injured in car accidents involving distracted drivers, according to researchers. While there are a number of distractions that take a driver's eyes off the road, the most common these days is texting and driving.

Research has shown time and time again that taking one's eyes off the road for even a few seconds drastically raises the chances of being involved in a crash. Even though most drivers are aware of these risks, it does not prevent them from looking down at their phone and endangering the lives of everyone nearby. One way states have attempted to curb the menace is by banning texting while driving, as New Mexico has done.

How common is nursing home neglect in New Mexico?

As of 2018, nearly all of the nursing homes in New Mexico are Medicare or Medicaid certified. According to the Kaiser Family Foundation, there were more than 5,500 residents in the state's nursing homes in 2016. However, a 2018 analysis shows that New Mexico may very well be the worst in the country for serious deficiencies on a per-nursing home basis.

More than 2,200 infractions have been reported in the state in recent years, ranging from relatively minor to potentially deadly. For example, while some of the complaints are minor, like failing to give proper notice before switching roommates, others are much more serious. One hundred and fifteen of the infractions were considered serious-one that causes immediate risk to a patient's health or safety. Consequently, nursing homes have been fined more than $2.4 billion between April 2015 and April 2018 and have had payments suspended 44 times for compliance issues.

New Mexico woman dies in apparent drag racing accident

There are many dangers on the road in New Mexico from drivers who are under the influence, distracted or are otherwise negligent. Another risk is when people decide to drag race. Often, they involve those who are simply in the wrong place at the wrong time. With a collision, there can be serious injury and death. For people who have been affected by an auto accident of this kind, having legal advice is necessary.

A 39-year-old woman died when she was hit by a car that was apparently involved in a drag race. According to the investigation, the woman was walking home when she was hit. There were two vehicles that were believed to be taking part in a drag race. One hit the woman when she crossed the street and then hit a nearby group of apartments. Those in the vehicle that hit her were airmen from a nearby Air Force base. Three of the four passengers were hospitalized. The investigation into the incident is continuing.

Teen charged for fatal pileup on New Mexico highway

Police alleged that a 16-year-old girl, who was accused of driving while under the influence of drugs, slammed into vehicles that were stopped on a highway in the southern part of New Mexico. The ensuing pileup left one woman who had stopped to help the occupants of a stalled vehicle dead. The woman was 51 years old and worked in an administrative position at a medical center.

The woman had stopped because she noticed a stalled vehicle in the middle of the highway. The front of the stalled vehicle was facing oncoming traffic, but for some reason, the vehicle's lights were not on. This incident happened after dark, and police investigating the automobile accident said that the road was not adequately lit.

New Mexico's texting ban likely preventing injuries

Like most of the other states in the country, New Mexico has a law that prohibits drivers from texting and driving. New Mexico's law is fairly broad and applies to every motorist, not just to inexperienced drivers. Moreover, unlike the provisions of some other states, the law specifically prohibits texting and driving, even when a motorist is stopped temporarily on the road, such as at a traffic light. If a person wants to read a text or send one, then they must pull off the road to do so legally.

A recent study suggests that these laws have had some positive effects on the number of accidents. Any form of ban on texting and driving seemed to be helpful, as even those states with weaker prohibitions saw a four percent drop in the number of emergency room visits after a car crash.

Albuquerque man arrested after striking, killing pedestrian

New Mexico State Police arrested a man following a pedestrian accident that claimed the life of an 85-year-old. Police allege that the driver was under the influence of marijuana and prescription medications at the time of the deadly car accident. In addition to an aggravated DWI, the man is also is charged with leaving the scene of the accident.

The accident happened on a state highway west of Albuquerque. Police could not explain why the victim was in the path of traffic, but the driver of the vehicle involved hit the man as he was on his way to pick up a relative. Police say that some of those in the vehicle had been drinking.

What are non-economic damages?

This blog has from time to time referred to non-economic damages like pain and suffering.

Following a car accident, the victim can claim different forms of compensation from the negligent driver. For one, she can ask for her special or economic damages. These types of damages include reimbursement for medical bills and related expenses, as well as lost wages.

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