Seasoned Representation In Albuquerque Side Impact Accidents
Side impact accidents occur when a car is struck on its side. There is no significant structural buffer in this type of collision, which means that a vehicle’s occupants are more likely to suffer serious injuries. At Parnall Law Firm, LLC, we represent victims of side impact accidents throughout the Albuquerque area. Our car crash lawyers are tenacious litigators who can help you hold a driver or other at-fault party responsible. Contact our office to learn how we can help you.
Side Impact Accidents
A side impact accident occurs when one vehicle strikes another at approximately a 90-degree angle. They are also known as broadside or T-bone accidents because the vehicles form the shape of the letter “T” when they collide. These crashes are typically the result of:
For example, a driver may be too distracted to notice a stop sign at an intersection and may cause a side impact accident by entering the intersection as another vehicle passes. If a crash occurs, the distracted motorist may be liable for injuries and damages that result.
Hold Careless Drivers Accountable Through a Negligence Lawsuit
Negligent driving is usually at the core of side impact accidents. A victim can file a New Mexico injury claim against the driver and argue that the collision was caused by his or her careless actions. The burden is on the victim to prove that the driver was negligent.
To do this, it is necessary to show that:
- The defendant had a duty to act with care;
- The defendant failed to exercise care, or breached the duty;
- The defendant’s breach caused the victim’s harm; and
- The victim incurred actual damages related to his or her injuries.
Some side impact crashes are caused by a drunk driver. New Mexico prohibits operating a vehicle while under the influence of alcohol or drugs. If the motorist in your case drove while under the influence, you can base your injury claim on negligence per se. This means that a person broke a law intended to protect a certain group of people against a certain type of harm. By pointing to the violation of the statute, you can show that the defendant is negligent as a matter of law. You still must prove that the defendant’s violation of the law caused your harm and that you incurred damages, but you do not need to show the duty and breach elements of an ordinary injury claim.
New Mexico will consider the negligence of all the parties involved in the accident, including your own. If your actions partly contributed to the crash, you can recover damages proportionate to your degree of fault. For example, a court may find that you are 30 percent negligent, and that the defendant is 70 percent negligent. In this situation, you can recover no more than 70 percent of your total damages from the defendant.
By proving your personal injury claim, you can potentially obtain damages related to the injuries you sustained in a side impact accident. You may be able to recover for your medical costs, lost income, property damage, and pain and suffering. If your relative died in a fatal side impact crash, you may obtain damages through a claim for wrongful death. You can potentially recover compensation for their medical bills and funeral and burial expenses, as well as for loss of companionship. New Mexico gives an injury victim and his or her family three years from the date the action accrued to file a personal injury or wrongful death lawsuit.
Consult an Albuquerque Lawyer to Seek Compensation After an Accident
Based in Albuquerque, Bert Parnall and the seasoned team of car accident attorneys at Parnall Law Firm, LLC can provide the diligent representation you need to maximize your chance of getting compensation. We have represented individuals and families in a variety of collision cases, including many involving a side impact. We will assess the details of your situation and advocate for your right to recover the costs of your injuries. For a free initial consultation, call us at 505-268-6500 or contact us through the online form on this website.