After a car accident in New Mexico’s capital city, the injured victims may pursue legal claims to recover compensation from the driver or other parties at fault for the crash. However, without the help of a car accident lawyer in Albuquerque, they may soon find themselves in a legal battle with high stakes and powerful adversaries.
Establishing Liability in New Mexico Car Accident Cases
New Mexico follows an “at-fault” system for car accidents. In an at-fault system, an injured car accident victim pursues compensation for their financial and personal losses from the driver or other parties who caused the crash. A crash victim will usually pursue a car accident claim against an at-fault driver’s auto insurance provider to recover compensation provided by the driver’s liability coverage. An at-fault system requires an injured crash victim to prove that the other driver caused the crash due to their negligent or reckless actions before they can get paid.
At-fault drivers often try to deny responsibility for their actions. This can make it difficult to establish they were at fault without a thorough investigation proving this.
Investigation
Proving liability for a New Mexico car accident begins with a thorough investigation of the crash to recover evidence showing what happened and why. The insurance company for each driver involved in the accident might conduct a separate investigation, each making its own determination of liability.
However, people involved in car accidents should strongly consider retaining legal counsel to conduct an independent investigation of the crash. The insurance company will want to minimize its financial liability for the accident and focus its investigation to that end. However, a car accident lawyer can help crash victims recover all available evidence, such as:
- Police accident reports
- Accident scene photos and videos
- Eyewitness statements
- Video footage from surveillance, dashboard, or traffic cameras
- The cars’ event data recorder (“black box”) logs
- Drivers’ cell phone records
- Accident reconstruction expert reports and testimony
Medical Treatment
Car accident victims should seek prompt medical attention after a crash. Starting treatment as soon as possible provides several distinct benefits. First, immediate treatment can link a victim’s injuries to the car accident. The longer they wait to seek medical care after a car accident, the greater the chances the insurance company might argue that their injuries occurred from something other than the car accident. Prompt treatment can also improve a victim’s prognosis by avoiding aggravating or worsening car accident injuries.
Insurance Claims Process
To pursue financial recovery from an auto insurance company, start by notifying the relevant insurer of your claim. You can fill out the insurer’s claim paperwork or send a demand letter. A claim will also need supporting documentation to prove the other driver’s fault for the crash and your injuries. If an insurance company has investigated an accident and determined its driver caused it, the insurer might make a settlement offer that begins negotiations.
If you’ve engaged the help of a car accident attorney in Albuquerque, they can handle these steps for you.
Trial
Although most car accident claims are settled without a trial, an injured crash victim sometimes must go to court to pursue financial recovery. Litigation may become necessary when an at-fault driver or their insurance company denies any liability for the car accident or when the insurance company won’t agree to a fair settlement.
Contact a Car Accident Attorney Today
The legal process after a car accident in Albuquerque can be complicated, but you don’t have to pursue it alone. Instead, contact Parnall Law today for a free, no-obligation consultation. We’ll explain how a car accident lawyer can help hold those at fault for the crash accountable for the harm they caused you. We won’t charge a fee unless we put money back in your pocket.
