The Albuquerque Journal reports that a wrongful death lawsuit has been filed for damages in the September death of a 23-year-old man from a fiery head-on crash when a drunk woman drove the wrong way on I-25 through Santa Fe. The mother of the victim, who reportedly had filed to become her son's personal representative for purposes of bringing a wrongful death suit under New Mexico law, sued three types of defendants for compensatory and punitive damages:
State Senator Steven Neville, R-Aztec, has introduced a bill that would increase fines for texting while driving, if enacted. Last month we explained in detail New Mexico's existing state law against texting while driving.
The Albuquerque Journal reports that vehicular homicide charges have been filed against the BMW driver who allegedly ran a stop sign at high speed, hitting a car and killing two on December 16. While the criminal proceedings are significant, when a driver negligently, recklessly or even aggressively causes an accident that kills another person, he or she may also become the subject of a civil suit for wrongful death or related claims.
We look forward to the holidays as a special time with family and friends and, for many, as a time for religious observance. While driving to and from those events, such as on Christmas Eve, Christmas, New Year's Eve and other special days, an insecure feeling may come over you because you know that some people are drinking alcohol. Unfortunately, sometimes those folks make the dangerous decision to get behind the wheel, putting themselves and others on the road at higher risk of injury or death in car accidents.
The short answer is: yes. When an accident occurs, often everything is happening so quickly. You might think that if you're feeling fine after the crash when you're busy filling out insurance paperwork, finding another way to get to work or school, and in general dealing with a stressful situation. Escaping an accident with a scratch may seem lucky.
The CDC estimates that 18 percent of all car accidents involve a distracted driver. That's 424,000 people injured in crashes because a driver was distracted. States have banned cell phone use while driving to prevent this dangerous behavior but distracted driving is more than just texting while driving.
If you are a New Mexico resident who is involved in a motor vehicle accident owing to another party's negligence, there are many reasons why you might reasonably want to contact an experienced personal injury attorney without delay even if you don't believe you were seriously injured.
"[T]hey don't even see the crashes coming and that's just insane."
If you are involved in an accident, and the at fault driver has auto insurance, you may have some protection. If the at fault driver is not insured, you still may have some right to compensation from your own auto insurance company. However, the process of filing a claim can be complicated, especially when issues are involved like having multiple drivers, your vehicle is totaled, or you have suffered serious injuries.