Albuquerque Car Accident Lawyer

When You Are Hurt In A Motor Vehicle Accident

As a resident of Albuquerque, you know just how busy this town’s traffic can get. From cars going high speeds along Interstate 40 to cramped and busy intersections like Central Avenue and the Big I, where Interstate 40 meets Interstate 25, car accidents happen daily across this city. If you or a loved one has been injured in a car accident through no fault of your own, you may be entitled to seek monetary compensation, and an Albuquerque car accident lawyer can help.

Albuquerque is a great place to live, work and visit. According to the New Mexico Department of Transportation, car accidents are unfortunately common. The people are particularly kind and generous, which can make many people hesitant to contact an attorney after a car accident. Waiting can harm your case and put you in a difficult financial situation later. Get medical treatment, then call a lawyer.

Legal Guidance from Experienced Albuquerque Auto Accident Lawyers

Garrett Law is a local firm you can turn to for knowledgeable legal guidance from experienced car accident attorneys. We help you understand your rights and handle your insurance claim effectively. We can help you recover the money you need to pay your medical bills, repair or replace your vehicle, and compensate you for the pain and suffering you experienced. Our staff is always sensitive to your needs and concerns, and we focus on giving you peace of mind throughout the process.

Attorney Aaron Garrett handles all types of motor vehicle accident claims, including:

• Car crashes from rear-end collisions to head-on collisions
• Wrecks involving trucks or commercial vehicles
• Motorcycling accidents
• Pedestrian injuries
• Bicycle accidents

Common Injuries Suffered In A Car Accident

No matter how minor a car accident may seem, victims can suffer serious injuries, such as:

• Bone fractures: You could suffer broken bones on any part of your body, including arms, legs, ribs and facial bones depending on the severity of an impact.
• Traumatic brain injuries: You could suffer head injuries that result in brain bleeding, brain swelling, concussion, memory loss and fatal medical conditions.
• Traumatic spine injuries: You could suffer injuries to your spine that can lead to fractures, slipped discs, severe pain and loss of bladder control.
• Paralysis: An accident could lead to injuries that cause you to lose control and feeling in your arms, legs, torso or face.

If you are suffering from an injury and require medical help, your medical bills may be compensated with a successful auto accident case.

Common Causes Of Car Accidents

Thousands of auto accidents happen every day. Here are some common causes of auto accidents:

• Drunk driving: Alcohol can impair a driver’s motor control, reaction time and judgment.
• Distracted driving: A driver who uses their phone, talks to passengers or changes the radio, for example, are all distracted from the road.
• Negligent driving: Speeding, improper turns, tailgating or lane splitting are all unsafe driving practices.
• Drowsy driving: A tired driver may be unable to concentrate on the road and can be as dangerous as a drunk driver.
• Weather conditions: Heavy rain, snow, ice or fog are all weather conditions that can make driving harder.

It is crucial to examine the cause of an auto accident to identify all the liable parties and hold them accountable.

Types Of Damages Car Accident Victims Can Recover

With a successful auto accident case, you may be able to recover the following damages:

• Medical expenses: Damages may be awarded to pay for surgery bills, medical equipment, medicine, physical therapy and future medical costs.
• Property damage: Damages may be awarded to cover the costs of vehicle repairs, rentals and other property repairs.
• Lost wages: Damages may be awarded to cover the loss of income as a result of injuries.
• Funeral costs: Damages may be awarded to survivors for the victim’s burial and cremation costs.
• Mental anguish: Damages may be awarded for loss of enjoyment from life, pain, suffering, stress and depression caused by an accident.

Recovering the maximum compensation after a car accident can help you move forward more easily.

Proving Liability in an Albuquerque Car Accident

No matter the circumstances, undergoing a car accident is a traumatic event. In 2023 alone, 31 percent of vehicle crashes in New Mexico resulted in one or both involved parties suffering injuries. When you suffer injuries in an Albuquerque car accident, depending on the circumstances, you could be entitled to financial compensation for what you have lost. However, seeking this compensation is difficult, and you will need to be able to prove liability.

Proving liability is not an easy feat, and the help of an experienced car accident attorney can make all the difference when it comes to this vital step in any personal injury claim. In order to prove liability in a car accident case, you and your legal team will need to demonstrate the existence of the following in your case:

• A duty of care was owed. First and foremost, your attorney will need to prove that the party at fault for the car accident owed you a specific duty of care to drive with reasonable safety measures while on the road in order to prevent harming anyone. For example, in the case of a speeding driver, which in 2023 accounted for 11,775 deaths, that driver owed you a duty of care to drive with reasonable speed and caution.
• There was a breach of duty. This duty was then breached by the liable party through an act of negligence, recklessness, or even intentional wrongdoing. In our speeding example, the driver was traveling at a high and unreasonable speed that breached their duty to keep other drivers on the roadway safe.
• You sustained injuries. Your attorney must then be able to prove that this breach of duty by the liable party directly resulted in an accident and your subsequent injuries. Helpful evidence in this step can include traffic cam footage, dash cam footage, eyewitness accounts, photographs, or videos from the scene showing the placement of vehicles and your medical reports.
• You suffered damages. Finally, your attorney will need to be able to prove that, because of the accident and the injuries you have suffered or any damage to your personal property that was caused, you suffered significant economic and non-economic damages, such as medical bills, lost wages, or emotional pain and suffering.

In a personal injury claim, such as in a car accident case, in New Mexico, if you are the injured party, you will be considered the plaintiff in your case. In a civil case, it will fall on your shoulders to prove liability through a preponderance of the evidence. Without the help of an attorney, this can be difficult, which is why it is so important to hire a car accident lawyer who can help you gather the necessary evidence to prove your claim.

Why Hire a Car Accident Lawyer From Garrett Law?

At Garrett Law, our team is ready to fight for you. As born and raised residents of Albuquerque, we understand the unique legal landscape of the area and how to use that landscape in order to benefit your claim. When you work with us, you don’t get a faceless lawyer and swollen law firm: you get personalized attention from people who have grown up on these streets and understand the risks that Albuquerque drivers face every day.

When you work with the team at Garrett Law, we can help you throughout every step of your car accident case. These steps can include the following:

• Gathering evidence and investigating. At Garrett Law, our team can look over every aspect of your accident and gather vital pieces of evidence, such as surveillance footage and witness statements that can help better demonstrate liability in your future claim.
• Consulting with knowledgeable parties. For extremely complicated cases, we have the ability to collaborate with knowledgeable parties who may be able to offer better insight into your case and help shed light on confusing liability. These parties can include accident reconstructionists and medical doctors who can explain the cause of the accident and your injuries.
• Determining and proving liability. In most cases, your accident won’t be black and white, and it will prove difficult to determine and demonstrate liability. However, we can help look over the evidence to make a compelling case for your side of the story.
• Negotiating. In many car accident cases, insurance companies will try to offer you a lowball settlement amount in hopes that you will take it and walk away. We are here to negotiate a fair settlement amount with these parties to ensure you get what you are owed.
• Representing you in court. Though court is rarely needed in car accident cases, when it does come time to go before a judge, we are here to represent you and fight for what you deserve.

Frequently Asked Questions About Car Accidents

An auto accident can be confusing and difficult. Our attorneys at Garrett Law want to help you in any way we can. If you have any questions, you can ask us – and we will always do our best to give straightforward answers, like these:

Q: What should I do immediately after an accident?

A: The moments, days and weeks after a car accident can be chaotic. However, there are certain steps you can take to streamline your personal injury case and protect your health and safety. At the scene of an accident, you should make sure that you, your passengers and individuals in other involved vehicles are safe and without any serious injuries. After moving impacted vehicles out of traffic, when possible, you should then call the police to report the accident, exchange information with the other driver and take pictures of the accident and vehicles.

After ensuring that you seek medical attention for any possible injuries, you can start the claims process by informing your insurance company of the accident. It is important to call an experienced personal injury attorney as soon as possible after an accident. We will support you through every step of the claims process.

Q: How long do I have to file a car accident claim in New Mexico?

A: Your statute of limitations in New Mexico is three years from the date of the accident. Waiting too long could make it harder, if not impossible, to pursue the liable parties for damages.

Q: How does fault impact my car accident claim in New Mexico?

A: New Mexico is a pure comparative negligence state. That means each party can be assigned a share of the financial responsibility for an accident based on their own negligence. It is very important not to allow an insurance company to shift fault your way, since that will reduce the compensation you can receive.

Q: What if the other driver doesn’t have insurance or has insufficient coverage?

A: By law, New Mexico drivers should have car insurance. If the other driver does not have insurance or has insufficient coverage, your insurance may pay for repairs and expenses if you have uninsured motorist coverage. Our attorneys can negotiate with insurance companies, so you receive maximum compensation.

Q: How Much Does a Car Accident Lawyer Charge?

A: It can be difficult to offer an exact amount as to how much a car accident lawyer might charge for their services, as each lawyer is different and will structure their fees in different ways. However, at Garrett Law, we do not get paid if your case is not won. There are several factors that will play into fees as well, including the complexity and duration of your case.

Q: What Not to Do After a Car Accident?

A: In the aftermath of a car accident in New Mexico, there are several things you should avoid doing at all costs, as taking these actions might harm the success of any future claim. First, do not, under any circumstances, discuss fault with any party involved, including the police. Do not leave the scene of the accident either, as this can cause you to suffer certain charges.

Q: What Are the Most Common Kinds of Car Accidents in NM?

A: There are several different common kinds of car accidents that take place every day across the state of New Mexico. These can include rear-end collisions, side-swipe accidents, head-on collisions, T-bone accidents, multi-car pile-ups, and single-car accidents. The kind of accident you are involved in can help determine which party or parties are liable.

Q: Can I Collect Punitive Damages in a New Mexico Car Accident Claim?

A: In certain car accident claims in New Mexico, you may be able to seek punitive damages. Punitive damages are rarely awarded, but can add a significant amount of monetary value to your case. These damages are typically awarded in order to punish the negligent party for behavior deemed particularly egregious and dissuade them from taking similar actions in the future.

Contact Our Albuquerque Car Accident Attorneys for a Free Consultation

We know that you may be anxious about litigation or confused about the process, and we welcome your questions. We will arrange a free consultation so that you can speak with our experienced auto accidents lawyers at no cost to you. We never charge a penny unless we win your case.

Call our office at 505-242-1920 or send us an email to schedule your free initial consultation.

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Albuquerque Automobile Accident Claims

Typical auto accident settlements are small because New Mexico law are only requires drivers to carry $25,000 in coverage. However, in some situations you can sue for damages well beyond $25,000. Listed below are some examples where the settlements were larger because of the circumstances surrounding the accident.