Allan Wainwright of Wainwright Injury Law has seen firsthand the devastating effect that a pedestrian accident can have on the life of an individual and that person’s family. From serious physical injuries, and sometimes fatal injuries, to emotional scarring and financial repercussions, a pedestrian accident is life changing. Following a pedestrian crash in New Mexico, you have the right to recover your full damages amount. When that right is questioned, or you are offered a settlement that is less than fair, our experienced law firm is ready to step in and fight for you.
Causes and Liability for Pedestrian Accidents
Just like all other accident types, pedestrian accidents are nearly always the result of human error. Most of the time, pedestrian accidents occur because a driver does not see the pedestrian, noticing them only after it is too late and the pedestrian’s life has been changed forever. Some common causes of pedestrian accidents in Albuquerque include:
- Distracted driving. Distracted driving is by far one of the most common causes of pedestrian accidents. A driver who is not paying attention to the road in front of them, but is instead texting, talking on the phone, eating, etc. may fail to see a pedestrian in the road.
- When a vehicle is traveling at an unsafe speed, the vehicle is harder to stop in the event that something enters its path.
- Alcohol use. Alcohol use impairs a driver’s ability to make smart, rational, and safe decisions. When a driver is intoxicated, they may not see a pedestrian in time, or may be physically unable to maneuver their vehicle to avoid the pedestrian.
- Failure to yield. A common place for a pedestrian accident to occur is within a crosswalk or an intersection. Typically, this happens because a driver fails to properly yield the right-of-way to the pedestrian.
Injuries & Damages from a Pedestrian Accident
A pedestrian who is struck by a car is likely to suffer catastrophic injury types. Common injuries include traumatic brain injuries, facial and scalp injuries, broken bone injuries, back injuries, spinal cord injuries, and lacerations and bruising. Some of these injuries will permanently impair an affected person.
An injured pedestrian has the right to file a claim against the driver’s insurance, or file a lawsuit directly against the driver. The pedestrian may seek the full value of their losses, including compensation for all of their economic (actual financial losses) and noneconomic (intangible losses, such as the value of pain) damages.
It is important to note that because New Mexico follows a comparative fault system, a pedestrian’s damages could be reduced if the driver can prove that the pedestrian contributed to the crash. For this reason, it is critical to have an experienced attorney on your side who can build your claim and prove the fault of the driver.
What to Do after a Pedestrian Accident in New Mexico – Contact a Pedestrian Lawyer Today
At the firm of Wainwright Injury Law, we know what you are going through. We also understand how important it is that you recover every penny that you deserve after being involved in a pedestrian accident. We will not let an insurance adjuster get away with lowballing your claim – if you are offered anything less than you deserve, we will fight for you, and will be prepared to litigate on your behalf.
It is essential that you contact our law offices as soon as possible after your accident so that we can begin investigating your accident and building your case immediately. To schedule your free case consultation, contact our law offices by phone or online today.