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Albuquerque Personal Injury Law Blog

A bicycle accident requires legal assistance for compensation

There is a seemingly endless array of reasons bicycling is a positive activity in New Mexico. Not only will a frequent bicyclist stay in shape, but it is also good for the environment and helps people save money. That aside, there are inherent risks with riding bicycles. A crash between a motor vehicle and a bicycle can cause serious injuries and death to a rider. This is true even if the rider is taking all the necessary precautions and is wearing safety equipment. With the litany of problems that arise after a bicycle crash, having legal advice is imperative to take the necessary steps to file a lawsuit.

The same dangers that confront drivers who share the road with other drivers apply to bicyclists, except bicyclists have greater vulnerability. Recklessness, negligence, speeding, drowsy driving, drivers who are under the influence and a distracted driver can cause an accident with a bicyclist just as easily as it can with a motor vehicle driver. Often, riders are in worse jeopardy because they do not have the protection of a motor vehicle and even those with quick reflexes will not be able to avoid an accident. After the bike crash, the rider can suffer head injuries, spinal cord damage, broken bones, cuts, bruises and be injured so seriously that they are paralyzed. It can lead to an immediate fatality.

New Mexico teens in top 10 for auto accident risk

In New Mexico and across the nation, it is a natural concern that teen drivers will put other drivers, motorcyclists, bicyclists and pedestrians at risk. This is understandable. Simply being new will cause potential hazards. When adding risky behaviors into the mix, the danger is made exponentially worse. Studies are frequently conducted to assess why teens might cause an auto accident. A recent research project from WalletHub listed the best and worst states for teen drivers and New Mexico came in among the 10 worst. After a crash, this can be a key factor when seeking compensation.

Every day, there are an average of six teen deaths from an auto accident in the U.S. When the worst teen drivers were determined on a state-by-state basis, New Mexico came in ninth. In its study, WalletHub used 23 metrics. Included were the number of teen deaths, how much it cost to fix a vehicle and the extent of impaired driving legislation. The researchers came to a weighted average based on the metrics and calculated a score.

Tragic accidents put spotlight on vulnerability of motorcyclists

In May, two motorcyclists were killed in a terrible accident here in New Mexico. More recently, another terrible crash has brought the nation's attention once again to the dangers faced by motorcyclists.

In the recent tragedy, seven people were killed and three more injured when a pickup truck towing a trailer plowed into a group of 10 motorcycles traveling in New Hampshire, police said. The victims were mostly former U.S. Marines who were members of a motorcycle club.

Are teen drivers more likely to be involved in a car crash?

While many New Mexico teens welcome the summer months as time to relax and take time off from studying, police officers consider this time important for another reason. The 100 days between Memorial Day and Labor Day are known as the 100 deadliest days for traffic crashes. This time is especially dangerous for teen drivers.

During summer breaks, teens are more likely to be on the road, either going from one recreational place to another or running errands for family members. Having recently received one's driver's license, teen drivers are less experienced than other drivers on the road and, resultantly, they make the roads more dangerous for everyone. Car accidents involving teen drivers are increasing across the country.

Discovery can be helpful to gather information after crash

After a car accident takes place, victims often decide to hold the negligent driver who caused the car crash accountable for their behavior. One way they do this is by pursuing a personal injury lawsuit against the other driver. This can often result in an accident investigation and collection of evidence in the form of depositions and interrogatories.

When a witness provides testimony out of court but has been sworn in, this is known as a deposition. Parties use depositions to collect evidence that may or may not be used in a trial. Parties supervise the process individually since the court is not involved. All parties can question the witness and there is a limited opportunity to object to questions. Generally, depositions are considered hearsay and are not admissible at trial. However, the information gathered in the process gives each party an idea of the other's strategy and the information available to them. Additionally, depositions are admissible if one party admits something against their interest at the deposition or when their testimony contradicts what they said at the deposition.

New Mexico's pure comparative negligence rule

Not every accident that happens is the fault of one driver. Often, a number of factors combine together to cause a crash and, at times, both drivers involved are responsible for causing the accident. The question then arises: what happens if the accident victim is also at fault?

Accident victims may be able to recover compensation from the driver who caused the car accident through the doctrine of negligence. Negligence means conduct that created an unreasonable risk to someone else. To prove negligence, it must be demonstrated that the driver who caused the accident owed a duty to the victim, the duty was breached, the breach was the actual and proximate cause of the injury and the victim suffered actual damages. In New Mexico, recovery is possible under the pure comparative negligence rule.

Common birthing injuries can impact quality of life

Delivering a baby should be a most joyous occasion for a New Mexico resident, but if the birthing process is not handled properly, it could become a devastating moment. It may be shocking to hear that six to eight of every 1000 infants born in the country suffer a birth injury. A birth injury means that the infant suffered a physical injury while being born.

This means that 76 infants are born daily with a birth injury, translating to three infants an hour. Common birth injuries are caused by a delayed birth and oxygen deprivation. When the medical professionals who were supposed to provide care to the mother and infant fail to live up to their duty, medical malpractice can result. Whether it is due to misconduct or incomplete comprehension, medical professionals can be held accountable for their behavior.

How common are prescription errors in nursing homes?

It is an unfortunate reality that medication errors are very common across the country. These errors are also common in nursing homes and can cost an elderly patient their life, as they are unable to quickly bounce back from an illness like a young adult can.

A medication error happens when the medication given to a patient differs from the one that was prescribed or the medication is being used differently than the manufacturer's instructions. Malpractice occurs when the nursing facility has either run out of the medicine and tries to substitute one medicine for another or medication is taken from one resident to give to another.

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.

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