Crash Attorney In Albuquerque
A driver’s failure to yield is often the source of many car accidents. The Albuquerque car accident lawyers at Parnall Law Firm, LLC can provide you with the legal guidance and representation you need if you were injured by a driver’s failure to yield. Our attorneys have helped car accident victims and their families pursue personal injury claims against careless drivers since 1997. We can advise you if you were hurt in a car accident. Contact our office today.
Failure To Yield
Drivers who fail to yield cause thousands of crashes and injuries each year. National Highway Traffic Safety Administration data shows that failure to yield was a factor in more than 3,100 fatal traffic accidents in 2011. In New Mexico, nearly six percent of fatal crashes were attributed to a driver’s failure to yield. The state’s Department of Transportation reported that failure to yield was among the top three causes of New Mexico car crashes in 2011. An estimated 5,881 accidents (nearly 14 percent of all crashes) were caused by a driver’s failure to yield. It was the second-leading cause of car crashes that involved either a motorcycle or bicycle.
A failure to yield accident most often occurs when a driver is not completely focused on the road. A distracted driver, for example, may strike another vehicle and cause injuries and property damage. If a driver fails to yield to a pedestrian or bicyclist, the impact can cause serious injuries, even in a low-impact crash, because these victims do not have the same protection as those inside a car.
Failure To Yield Crashes and Liability
If you were hurt by a driver who failed to yield, you can hold the driver accountable for your injuries. In New Mexico, you can file a personal injury claim against the driver who caused the crash. If you initiate the claim within the three-year statute of limitations, you may be able to recover damages for the harm he or she caused you.
To hold a driver liable for your injuries, you must be able to prove that the driver was negligent. Negligence requires that the plaintiff in a personal injury suit show the following elements:
- Duty of care;
- Breach of the duty of care;
- Causation; and
Every driver in New Mexico must exercise due care. This includes yielding the right of way to other vehicles, and yielding to avoid collisions with pedestrians, bicyclists, or other motor vehicles. A driver’s ability to exercise due care may be compromised by unsafe driving practices, such as speeding. A plaintiff must be able to show that a driver breached his or her duty of care by failing to yield, and that the breach caused his or her injuries in order to hold the driver liable.
Comparative Negligence in New Mexico
A defendant may argue in some cases that the plaintiff is partly to blame for his or her injuries. If a court determines that a plaintiff contributed to the injuries, the plaintiff may still recover damages. New Mexico follows a comparative negligence standard in apportioning fault, which means that a plaintiff will be allowed to recover damages even if he or she is mostly at fault for causing the injuries. The plaintiff would recover damages in proportion to his or her degree of fault.
Recovering Damages and Compensation
A car accident victim may recover damages from the driver who failed to yield. Recoverable damages in a personal injury suit include compensation for medical and hospital expenses, lost wages, property damage, and pain and suffering. If your relative suffered fatal injuries, you may initiate a claim for wrongful death. You can seek compensation for your loved one’s medical bills, burial and funeral expenses, and loss of consortium or other damages based on your relationship.
Dedicated Legal Advocacy
At Parnall Law Firm, LLC, our Albuquerque car accident attorneys are dedicated to providing our clients with exceptional representation in their car crash cases. Our lawyers are seasoned litigators who can effectively advise and advocate for your right to compensation. We can review the facts of your case and discuss your legal options. As our client, you can depend on our commitment to providing comprehensive and tenacious representation in each and every case. Please call us at 505-268-6500 or contact us through our online form to arrange an initial consultation with us at no cost.