Asserting The Rights Of Albuquerque Car Crash Victims
When a vehicle strikes another head-on, the aftermath is often a catastrophic crash. A driver or passenger may be crushed or ejected in a head-collision, which can lead to serious and life-threatening injuries. The Albuquerque car accident attorneys at Parnall Law Firm, LLC are experienced litigators who offer counseling and representation to car crash victims. Our firm handles complex accident cases, and we are prepared to offer you the legal guidance and support you need to seek compensation for your injuries.
When a Car Is Involved In A Head-On Collision
Head-on car crashes typically occur when the driver of one vehicle veers across the median or travels the wrong way at a high speed and strikes the front of another vehicle. A 2012 study by the National Transportation Safety Board found that head-on collisions occur in only about three percent of traffic accidents. Despite their infrequency, head-on collisions are some of the more severe types of car accidents. In New Mexico, the front of a motor vehicle was the initial point of impact in nearly 32 percent of fatal passenger car crashes, according to data from the National Highway Traffic Safety Administration. In addition to deadly injuries, head-on collisions often cause other serious injuries including concussions and head trauma, fractures, and damage to internal organs.
Negligence and Head-On Collisions
Head-on collisions are primarily the result of driver negligence. If you were injured in a head-on car crash, you can file a personal injury lawsuit against the driver who caused the accident. You can hold the driver liable for your injuries if you can prove that his or her negligence caused the collision.
In New Mexico, a person may be found negligent if his or her failure to exercise ordinary care creates an unreasonable risk of injury to others. Negligence requires a car accident victim to show that the defendant had a duty to exercise the care that a reasonably prudent person would exercise in similar circumstances. It also requires the victim to prove a breach of the duty, causation of injuries, and damages.
Many head-on collisions involve excessive speeding, distracted driving, and, in some cases, a drunk driver. If a drunk driver caused the crash, the driver is negligent per se. When a person violates a law intended to protect a class of people from a particular harm, the person is considered negligent under the law. New Mexico considers it a crime for a driver to get behind the wheel of a vehicle if he or she has a blood-alcohol content of .08 or higher (or .02 in the case of drivers under age 21). Therefore, if the head-on collision was caused by a drunk driver, you may be able to use negligence per se instead of ordinary negligence as the theory of liability in your claim.
Damages You May Recover
You may have suffered serious injuries if you were in a head-on collision accident. Many victims find themselves unable to work while they heal, and their injuries may have a detrimental impact on their earning capacity. By establishing liability in your claim, you may recover damages for your medical and rehabilitative care, lost wages, any loss in earning capacity, and pain and suffering.
If you lost a close relative in a head-on crash, you can file a wrongful death claim. Your recoverable damages may include compensation for your loved one’s medical and funeral expenses, lost wages, loss of companionship, and more. New Mexico’s statute of limitations for wrongful death and personal injury suits is three years.
Albuquerque Attorneys Helping The Injured
The car crash lawyers at Parnall Law Firm, LLC in Albuquerque can help you stand up for your rights if you were injured in a head-on car collision. Bert Parnall and the team of seasoned litigators at our firm have handled numerous car accident cases. We will review the facts of your case and discuss your legal rights. We can pursue your right to compensation from the party responsible for the crash. Please call us today at 505-268-6500 for a no-obligation consultation. You can also contact us online.