It can be dangerous for pedestrians to try to cross a busy street, but we should be able to cross the road safely if crossing with the lights, in crosswalks, etc., as we were taught as children. There should be no danger in walking alongside a street or highway in Albuquerque or any other New Mexico city. Yet there is.
Some 450 to 575 pedestrians are hit by cars and trucks every year in New Mexico — more than one every day, according to the NM Department of Transportation. More than 90 percent of pedestrians in such accidents are either injured or killed. In the most recent year on record, most pedestrian fatalities were in Bernalillo County / Albuquerque (40.5 percent) and McKinley County / Gallup (18.9 percent).
When the driver of a car or truck hits and injures a pedestrian, the pedestrian or their family can turn to New Mexico personal injury law to make things right. The law puts responsibilities on pedestrians and motorists, and a driver at fault in a pedestrian accident can be held liable for the harm done to the injured person.
Parnall Law in Albuquerque can help if you have been hit by a car or truck and injured or a loved one has been killed. We pursue insurance claims on behalf of injured pedestrians to obtain compensation for medical bills, lost income, pain and suffering, and more. Through these claims, we also help people who have been unjustly injured gain acknowledgment that they were wronged.
Pedestrian Accident Causes in Albuquerque
Most of us were taught to look both ways, cross with the lights, and stay in the crosswalk if one is available when we cross the street. As adults, we learn that the law requires us to follow these rules as pedestrians, but that drivers have responsibility for pedestrian safety, too.
Drivers must yield the right of way by either stopping or slowing down for a pedestrian. A driver must exercise proper precautions if he or she sees a child or a confused or incapacitated person on the road.
When a pedestrian accident occurs, inevitably the finger-pointing begins. At first, it may be difficult to sort out what happened and who is at fault, but it can be done. In fact, the NM DOT cites the top contributing factors in pedestrian accidents in its most recent annual traffic crash report:
In addition, as you may expect, many pedestrian accidents (about 40 percent) happen in the dark — at night or early morning — including 83.7 percent of pedestrian fatalities.
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Can I Still Win Compensation if I am Partially at Fault for My Pedestrian Accident?
If you or a loved one of yours was hit by a car and injured while crossing or walking along an Albuquerque or Central New Mexico road, you should talk to a Parnall Law pedestrian accident lawyer — regardless of the circumstances of the accident. Unless you were totally at fault, you may have a legitimate claim.
The first three “top contributing factors” in pedestrian accidents cited by the New Mexico Department of Transportation and listed above account for more than 60 percent of pedestrian accidents. You may have noticed that pedestrians are often — but not always — to blame.
In fact, in addition to “pedestrian error” being the top contributing factor in 21 percent of pedestrian accidents, 57 percent of pedestrians killed in crashes were under the influence of alcohol, according to NM DOT.
But most top contributing factors on the list are driver negligence or error. And, as the NM DOT states: “The top contributing factor may hide other important factors in the crash.” In other words, there are usually multiple factors involved when a car or truck hits a pedestrian.
This is important because New Mexico follows a legal doctrine known as “comparative negligence.” In NM civil courts, each person is held responsible for how his or her conduct contributed to the injury in question. And as damages (compensation) are awarded, they are apportioned according to the amount of blame the jury thinks the injured person has for the accident.
For example, if a jury decides a victim is 60 percent at fault, he or she can still recover 40 percent of the damages their claim seeks.
Pedestrians whose actions contributed to their accident and injury can obtain compensation if the accident was not 100 percent their fault. Even pedestrians who were drinking may be able to collect damages. There is no law against public intoxication in New Mexico.
This applies to wrongful death claims as well as personal injury lawsuits in pedestrian accidents. And because insurance companies understand comparative negligence in New Mexico, the accident victim’s actions are considered by both sides in settlement negotiations, as well.
Pedestrian Accident Investigation
As your pedestrian accident attorneys, Parnall Law can investigate and gather evidence of what really happened in your accident. Our objective is to mitigate (lessen) the impact of any evidence that points the finger at you and to show more pointedly what the driver who hit you did wrong.
Our work may uncover evidence from:
- Witnesses, including the driver’s statement, as well as yours, bystanders’ and other motorists’
- The police report, which may cite driver error
- Security cameras, which are increasingly available in urban areas and may have recorded the crash
- Driver cell phone records, which may indicate distracted driving
- Credit/debit card records, which may show fast-food purchases just prior to the accident, also indicating distraction
Meet With an Albuquerque Pedestrian Accident Attorney
Do not give up on a pedestrian accident claim in Albuquerque or Central New Mexico without meeting with a Parnall Law attorney. We’re here to help. We will review your case in a free initial consultation, and any work we do on your case is without cost to you unless we obtain compensation for you.
Parnall Law will treat you with honesty and dignity. If we cannot move forward with a claim for you, we will provide any other advice and assistance that we can. We do not waste clients’ time; we pursue cases that we expect to win.
Albuquerque Pedestrians Injured in Hit-and-Runs and by Uninsured Motorists
It is not always necessary to identify the motorist in car accidents involving pedestrians for the injured to obtain an insurance settlement for the pedestrian’s injuries and other losses. Parnall Law can assist you if you or a loved one has been injured by a hit-and-run driver.
You may be covered by your own or another family member’s “uninsured motorist” (UM) coverage. It provides coverage for harm caused by any uninsured motorist, including hit-and-run drivers since no insurance is identifiable. An uninsured motorist claim can be a part of a personal injury or wrongful death claim.
New Mexico law requires insurance companies to provide uninsured motorist coverage along with automotive liability coverage on a vehicle. Even if you are not named on the policy, you may be covered. Coverage often extends to other members of the vehicle owner’s household.
Parnall Law can review all available insurance policies as part of a free initial consultation. We can determine what coverage applies to you, and fight to get proper payment into your hands. Don’t let the insurance company or adjustor tell you that you are not covered. Their obligation is to save their employer money. Insurers do not have your best interests at heart. You need an experienced New Mexico personal injury attorney on your side.
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Pedestrian Accident Settlements in Albuquerque, NM
We understand that nothing will make things completely right after you have been hit by a car and suffered catastrophic injuries, or lost a loved one in a pedestrian accident. But obtaining a proper insurance settlement or jury award of compensation is a statement that what happened should not have happened.
New Mexico’s civil justice system, through a personal injury or wrongful death claim, allows you to obtain two primary outcomes:
- Recognition that you were unjustly harmed, and
- Compensation that indicates how much harm you suffered, and which will pay expenses you face because of the accident.
In most cases, we can negotiate a settlement that meets your needs and approval. A negotiated settlement concludes your case faster and puts money in your hands sooner. However, if we are unable to persuade insurers to do what’s right, we are always ready to fight your case in court.
The amount of money in a negotiated settlement or jury decision is the only way our society has to say how badly you were wronged and that, through this payment, justice has prevailed for you
Bert Parnall and his team at Parnall Law have dedicated their careers to achieving that outcome for people like you.
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Parnall Law Albuquerque Pedestrian Accident Attorneys Are Here to Help
New Mexico residents who have been injured or lost a loved one because they were hit by a car or truck have every right to seek justice for the harm done to them. Parnall Law can help you after a pedestrian accident as you face medical bills, lost income, and other costs and losses, including pain and suffering.
Attorney Bert Parnall understands what you are going through and has dedicated his legal career to obtaining justice for innocent victims of other people’s negligence. When someone else has caused you harm, we will help you set your life right again. Parnall Law will fight to hold accountable those who have wrongly injured you.
The Parnall Law team in Albuquerque offers you New Mexico’s most experienced personal injury and wrongful death attorneys. We work diligently to obtain the maximum compensation available for your losses and, through a successful claim, acknowledgment of the injustice you have suffered.
Contact Parnall Law today to arrange a free legal consultation about the circumstances of your pedestrian accident. Our compassionate and determined personal injury and wrongful death attorneys can investigate and pursue your pedestrian accident claim while you concentrate on recovering from this ordeal. Like you, we want things made right for you after this awful intrusion into your life.
We're Here to Help!® Call (505) 268-6500 FREE CONSULTATION