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Albuquerque Personal Injury Law Blog

Can I sue a driver who hit me when they were speeding?

A speeding driver can be more than a nuisance to others on New Mexico roads. They can create confusion for drivers who do not know how to anticipate their movements and they can cause dangers to slower moving vehicles and individuals, such as bicycles and pedestrians. When speeding drivers cause accidents with others and those victims suffer injuries it is often on the negligent drivers to prove that their actions did not cause the victims' injuries.

This form of negligence is considered negligence per se. It applies when a person violates a statute and causes an injury. Speeding, failing to follow signals and signs and a myriad of other traffic violations are all violations of existing New Mexico statutes that pose dangers to other individuals.

New Mexico's pure comparative negligence law

In many situations the facts surrounding a vehicle accident may be black and white. One driver may have been completely at fault while the other injured party was acting reasonably and without contributing to the crash. In a case such as this the injured party may be able to recover all of their damages.

However, in other situations it may not be as obvious that one of the parties was completely responsible for the collision. If two vehicles collide and one of the parties was speeding but the other driver was distracted by their phone and did nothing to prevent the accident, how will a court assign fault? In cases of personal injury, New Mexico courts use a pure comparative negligence law to determine how much, if anything, a person may recover in damages from others.

What is hypoxia?

If a baby does not receive enough oxygen before, during or after the labor and delivery process then they may suffer from hypoxia. Not every Albuquerque baby born with hypoxia will develop the sometimes serious and life-long complications that this often preventable birth injury can impose, but those who do run the risk of suffering from life-altering conditions. This post will generally discuss some of the factors that may suggest that a baby will suffer from hypoxia as well as possible health issues that may result from a lack of oxygen. This post does not provide any medical or legal advice to its readers and individuals with questions about this topic should consult with the appropriate legal professionals.

Complications present before and during labor and delivery can heighten the risk that a baby will suffer from hypoxia. For example, damage to the umbilical cord or placenta may cause a baby to suffer stress inter utero and be deprived of oxygen. Also, physical conditions present in a baby such as congenital heart disease or brain blood vessel abnormalities may raise their risk of hypoxia and related complications.

Litigation may be appropriate after a car accident

The holidays have arrived and New Mexico families have undoubtedly spent memorable moments with their loved ones. While some may have been able to stay home to celebrate the festivities, others may have had to brave the roads to reach their family members and friends who live farther away. As individuals leave their communities and venture out onto the state's freeways they may encounter traffic, difficult road conditions and irresponsible drivers.

Car accidents are not uncommon during the holidays as so many people choose to travel during the month of December. As a result, an unfortunate number of individuals find themselves recovering from collisions and crashes that were not the result of their own actions. Their personal injuries may be serious and may put constraints on what they are capable of achieving as the year comes to an end.

Risks associated with unmonitored preeclampsia

For around 40 weeks a New Mexico woman may wait for the birth of her child. While most expectant mothers experience general discomfort and other mild ailments associated with their conditions, some develop serious and, in some cases, life-threatening complications that can jeopardize the safety of both mothers and unborn children. One of those complications is preeclampsia. While preeclampsia cannot be cured before a mother gives birth, it is imperative that her doctor monitor her for the condition and take proactive steps to keep her and her child safe if it becomes an issue.

Preeclampsia involves the rapid increase in a pregnant woman's blood pressure. Doctors are expected to monitor pregnant women's blood pressure to ensure that it is safe and when spikes arise they should do further tests to determine if the increases were temporary or a sign of preeclampsia. Preeclampsia can cause maternal and fetal deaths as well as maternal strokes, seizures and organ failure.

What rights do residents of nursing homes possess?

Giving up one's freedom to live on their own home is not the same as giving up one's rights to be treated with dignity and respect. Often, though, when New Mexico residents are moved into nursing and care facilities they are subjected to mistreatment and neglect that may amount to abuse. Nursing home residents do not deserve the maltreatment that they too often receive and have rights that they may enforce when neglect and abuse cause them harm.

For example, nursing home residents may not be denied the right to see their family members and loved ones. They may not be prevented from speaking with ombudspersons and advocates who may support them if the residents wish to make claims of neglect or abuse in their care facilities.

Understand the proper use of bicycle lanes and buffer zones

There are a number of road markings that New Mexico residents must be able to interpret when they are operating their motor vehicles. They must recognize the differences between solid center lines and dotted center lines, single lines and double lines, white perimeter lines and stop lines, as well as arrows, turn lane markings and others. On some roads drivers may see images that look like bicycles and those markings likely indicate the presence of bicycle lanes or bicycle buffer zones.

A bicycle lane is often located on the shoulder of a road and is separated from a driving lane by a solid line. Bicyclists should stay in those lanes to avoid encountering motorists, and drivers should avoid driving in bicycle lanes to prevent collisions with bicyclists. A bicycle buffer zone is a secondary space between a bicycle lane and a driving lane that provides even more space between the two kinds of vehicles.

Why do drivers have so much trouble spotting motorcyclists?

Vehicles come in all shapes and sizes, from the massive freight-carrying trucks that haul goods all across the country to streamlined bicycles made for individuals to ride. On any given day a New Mexico resident may see cars, trucks and sport utility vehicles of different makes and models commuting through Albuquerque and taking their drivers and passengers to their intended destinations.

There is one type of vehicle, though, that is often missed by drivers who operate on local streets and highways. Motorcycles are two-wheeled forms of transportation that can often be overlooked by individuals who drive larger automobiles. This post will address some of the reasons that motorcycles are often missed by vehicle drivers and how motorcyclists often become the victims of dangerous accidents.

Preventable birth injuries may be compensable

Shoulder dystocia, Erb's palsy and a host of other birth injuries are often preventable harms that befall newborns due to the negligence of the medical professionals present at the times of their births. Many birth injuries occur when doctors, nurses and other medical professionals fail to properly monitor mothers-to-be and their unborn babies for identifiable conditions that may suggest risks and complications. An unfortunate number of New Mexico families are affected by these tragedies each year.

However, victims of preventable birth injuries do not have to work toward recovery on their own. In fact, birth injuries are often caused by medical malpractice and medical malpractice laws protect patients from bearing the costs of their losses when their medical personnel make preventable mistakes. In the case of a birth injury, an injured child may have rights to compensation for the harm they sustained when they were brought into the world.

What is shoulder dystocia?

Shoulder dystocia is a medical condition that occurs during the labor and delivery process. An Albuquerque mother and child may experience this sometimes serious and often scary complication when the baby's shoulders cannot pass through the birthing canal. As a result, a baby can become lodged inside of their mother and both mother and child can suffer significant complications as a result.

For a baby, the occurrence of shoulder dystocia during labor and delivery can result in a lack of oxygen prior to birth, a break to the bones of the shoulder and collarbone, and nerve damage to the baby's upper body. For the mother, shoulder dystocia can lead to tearing of the body, a rupture of the uterus and significant bleeding.

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Albuquerque, NM 87102
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