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

On Behalf of | Jan 19, 2018 | Uncategorized |

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.

In the case of a bicycle accident, consider this example. A bicyclist approaches a four way stop and comes to a complete stop in their own direction. They check for oncoming traffic and observe no one with the right of way before them. They proceed into the intersection, only to be struck by a speeding vehicle that did not stop when they arrived at the intersection.

In this case, rather than the bicyclist carrying the burden to show that the driver acted negligently, the driver’s violation of existing laws may place the burden on them to prove that their actions were not the cause of the victim’s harm. Negligence per se cases can provide victims with their damages but prior to filing it can be useful for individuals to discuss their possible personal injury cases with personal injury representatives who may advise them of how to prepare effective pleadings.