10th Circuit Federal Court of Appeals Addresses Unique Case Stemming From Personal Injury

The 10th Circuit Court of Appeals, which includes New Mexico, Colorado, Oklahoma, Kansas, Utah, and Wyoming, issued an opinion last month which addressed a woman’s case against the Transportation District. The Transportation District owned the buses that the injured woman alleged to have caused her harm. The injured woman stated in one court document that she was struck by a bus once and fell on the bus the other two times. The injured woman brought a case against the public transportation agency, claiming that the company refused to pay her medical care, even though they paid for others’ medical care. She sued for discrimination under three federal anti-discrimination statutes, asserting that the Transportation District refused to pay for her treatment because of her race.

The woman included in her amended complaint the names of nineteen individuals that received payments for medical care for injuries, but only specifically discussed three individuals’ differing races and circumstances surrounding their injuries. The 10th Circuit Court of Appeals agreed with the lower court’s ruling to dismiss the suit, stating that the woman failed to show that the other injured people of another race named in her suit were injured in the same way and pursued the same course of action. The Court also stated that she did not connect her discrimination to the performance of a contract for the use of public transportation, and pointed out that the alleged acts were tortious and not ones based out of contract.

The woman pursued a different avenue of legal relief for her personal injuries sustained by her collision and falls with the buses. Whether it is an injury sustained from a bus collision or a standard consumer sedan, the laws of New Mexico require all drivers of the road to drive safely for fellow motorcyclists, bike riders, and pedestrians. When a fellow driver fails in their obligation to follow the rules of the road, and this failure causes injury to you or a loved one, that person can be held liable for their negligence for expenses like lost wages, medical bills, and future medical expenses. New Mexico is a fault-based state, where the at-fault party is responsible for the injuries, both personal and property, that are caused. However, any damages that are awarded can be reduced if the injured party was also negligent. If the pedestrian also failed to use reasonable care and that contributed to the injury, then they can only recover the percentage of damages the at-fault party caused.

The experienced New Mexico pedestrian-auto accident attorneys at Parnall Law Firm understand that you need aggressive representation when you’ve been injured. Insurance companies do not have your best interest or family member’s best interest in mind, and it is important to have a knowledgeable, assertive attorney at your side to make sure you receive the compensation you deserve. If you’ve been injured in a pedestrian-automobile accident and would like a free, confidential consultation, then call our office at (505) 332-2378.