Legal Representation For Albuquerque Car Accident Victims
Rear-end collisions are often considered minor fender-benders, but in some cases, these crashes can cause serious injury. The Albuquerque car accident attorneys at Parnall Law Firm, LLC represent victims in car crash cases, including those involving rear-end collisions. Our lawyers have helped car accident victims pursue claims against negligent drivers and their insurers since 1997. We can provide you with knowledgeable and experienced representation to help you assert your right to compensation for your injuries and property damage. Call our office today if you were injured in a rear-end car collision.
Rear-end car collisions are usually low-speed accidents that occur when the front of one vehicle strikes the rear of another. Despite their low-speeds, rear-end collisions can lead to debilitating injuries. The impact can cause a driver or passenger to strike against the steering wheel, dashboard, or even be ejected from the car. Severe upper body injuries, including trauma to the head, neck, and back, are not uncommon. These injuries may require intense rehabilitation or cause permanent damage. Although they are usually not as deadly as head-on collisions or other types of crashes, rear-end collisions are sometimes fatal. Data from the National Highway Traffic Safety Administration shows that six percent of fatal passenger car crashes in 2011 were rear-end collisions.
Rear-end collisions are usually caused by drivers who tailgate, speed, or are too distracted to notice the vehicle in front of them. When a crash occurs, the victim may have the right to pursue a claim against the driver who caused the crash.
Holding a Careless Driver Accountable
If a driver rear-ended your vehicle, you can file a personal injury claim to recover damages for your injuries. You must base your claim on a theory of liability, and in most car accident cases, that theory is negligence.
Negligence occurs when a person fails to use ordinary care under the circumstances and causes an unreasonable risk of injury.
To show negligence, you have to demonstrate:
- Duty of care – The defendant in your case must have a duty to act with care. Drivers in New Mexico are required to exercise care.
- Breach – The defendant violated the duty of care either by act or omission. For example, a driver breaches the duty of care by following the vehicle in front of him or her too closely.
- Causation – The defendant’s breach must have caused your injuries. If the driver was tailgating (breach), you must demonstrate that the action caused the driver to rear-end your vehicle.
- Damages – You must have actual damages for the injuries you sustained in the accident.
Your ability to hold a driver accountable will depend on whether you can prove the elements of negligence. It is possible, however, that the driver may blame a third party for causing the crash.
When More Than One Party Is At Fault
Rear-end collisions are sometimes caused by more than one vehicle. For example, the car that hit you may have first been struck by a third vehicle, causing a chain reaction. When this occurs, you may have a claim against each driver if both were negligent in some form (if both drivers were distracted, for example). In New Mexico, a court will determine the negligence of all the parties involved. You can then hold each party severally liable for your injuries.
Rear-end collisions usually result in physical injuries such as broken bones as well as damage to your vehicle. If you can prove your case, you can potentially get compensation for any property damage, medical bills, lost wages, and more. New Mexico personal injury claims have a three-year statute of limitations. This means that you have a right to file your claim within three years from the date of the accident. If you do not, you may lose your ability to initiate a claim and your right to damages.
Skilled Albuquerque Attorneys Ready to Help
The auto accident attorneys at Parnall Law Firm, LLC are prepared to help you fight for your right to compensation if you were hurt in a rear-end car collision in the Albuquerque area. Our lawyers are skilled litigators who will advocate for you in settlement negotiations and at trial if necessary. We can provide the tenacious and knowledgeable representation you need to obtain damages for any injuries you sustained in a crash. For a free initial consultation, please give us a call at 505-268-6500 or complete our online form today.