Pedestrian accidents are a serious concern on New Mexico’s roads, with tragic consequences often resulting from these incidents. The vulnerability of pedestrians, combined with the frequency of traffic collisions, underscores the importance of understanding your rights and the steps you should take if you are involved in such an accident. This guide will walk you through what to do if you are hit by a vehicle as a pedestrian, important factors to be aware of, and how an experienced attorney can assist you in securing the compensation you deserve.
The Growing Concern of Pedestrian Accidents in New Mexico
New Mexico consistently ranks high in pedestrian accident rates across the United States. With increasing traffic and distracted driving becoming more prevalent, pedestrians face significant risks when navigating streets and intersections. These accidents can lead to severe injuries, long-term health issues, and in the worst cases, loss of life.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for a variety of reasons, often involving driver negligence. Some of the most common causes include:
- Distracted Driving: Drivers not paying attention to the road due to mobile devices, eating, or other distractions.
- Failure to Yield: Many pedestrian accidents happen when drivers fail to yield the right of way at crosswalks or intersections.
- Speeding: High speeds reduce a driver's reaction time, making it more difficult to avoid a pedestrian.
- Impaired Driving: Alcohol or drug impairment is a leading factor in serious pedestrian accidents.
- Poor Visibility: Accidents are more likely to occur at night or in poorly lit areas where drivers may not see pedestrians.
What to Do If You Are Hit by a Vehicle as a Pedestrian
Being involved in a pedestrian accident can be overwhelming, but taking the right steps immediately can protect your health and legal rights:
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Seek Immediate Medical Attention: Your health is the top priority. Even if you believe your injuries are minor, get checked by a medical professional. Some injuries may not be immediately apparent.
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Call the Police: It’s crucial to have an official police report documenting the accident. This report can be vital in pursuing a legal claim.
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Document the Scene: If possible, take photos of the accident scene, the vehicle involved, your injuries, and any relevant road conditions.
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Gather Witness Information: Collect contact information from any witnesses who saw the accident. Their statements can support your case.
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Avoid Making Statements: Be cautious about what you say at the scene, especially to the driver’s insurance company. Do not admit fault or provide recorded statements without consulting an attorney.
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Consult with an Attorney: Contact a personal injury attorney as soon as possible. They can guide you through the legal process and help protect your rights.
Important Factors to Know in Pedestrian Accident Cases
Several key factors can influence the outcome of a pedestrian accident case:
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Comparative Fault: New Mexico follows a comparative negligence system, meaning that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault.
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Severity of Injuries: The more severe your injuries, the higher the potential compensation for medical bills, pain and suffering, and lost wages.
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Insurance Coverage: The at-fault driver's insurance coverage limits can impact the settlement amount. If their coverage is insufficient, you may need to explore other avenues for compensation, such as your uninsured/underinsured motorist coverage.
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Time Limits: In New Mexico, you generally have three years from the date of the accident to file a personal injury claim. However, it's important to consult an attorney promptly to ensure all deadlines are met.
How an Attorney Can Help After a Pedestrian Accident
Navigating the aftermath of a pedestrian accident can be complex and stressful. An experienced personal injury attorney can provide invaluable assistance by:
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Investigating the Accident: Your attorney will gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to build a strong case.
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Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts. An attorney can negotiate on your behalf to ensure you receive fair compensation.
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Calculating Damages: Your attorney will help you understand the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
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Representing You in Court: If a fair settlement cannot be reached, your attorney will represent you in court, fighting for the compensation you deserve.
When to Seek Legal Help
If you’ve been injured in a pedestrian accident in New Mexico, seeking legal assistance early is critical. The legal process can be complicated, and having an experienced personal injury attorney by your side can make a significant difference in the outcome of your case.
Contact a New Mexico Personal Injury Attorney
At Genus Law Group, our experienced personal injury attorneys in Albuquerque, New Mexico, are here to help you navigate the complexities of a pedestrian accident case. We understand the physical, emotional, and financial toll these accidents can take, and we are committed to helping you secure the compensation you deserve.
Contact us at (505)-337-3505, chat with an online representative, or fill out an info sheet to set up your consultation with one of our knowledgeable Albuquerque Personal Injury Attorneys. Let us help you seek justice and recover the damages you are entitled to.
