What's Your Recourse if a Negligent Driver Injures You in a Rear-End Crash?
It isn't always easy to prove who was responsible for a traffic accident, but if you're injured by a negligent driver, proving that driver was negligent is what you must do to recover compensation. You'll need legal representation at once from an Albuquerque car accident attorney.
When rear-end accidents happen, the driver in the rear may not always be the at-fault driver. If you are injured in a rear-end crash in the Albuquerque area, what will it take to prove that the other driver was at fault and to recover the compensation you're entitled to by New Mexico law?
What Should You Know About Rear-End Collisions?
More than 1.5 million rear-end collisions are reported annually across the United States. These accidents are linked to more than 500,000 injuries and approximately 1,500 deaths every year. The most serious injuries that are sustained in rear-end collisions include:
back, neck, and spinal cord injuries
injuries that require amputation
internal injuries and internal bleeding
multiple broken bones and fractures
TBIs (traumatic brain injuries)
If you suffer any of these injuries in a rear-end accident because the other driver was distracted, impaired, or negligent, you will need the maximum amount of compensation that's available.
The injured victims of negligence in New Mexico are entitled by law to seek compensation for their pending and projected future medical costs, their lost wages and projected future lost wages, as well as their personal pain and suffering and related damages and losses.
How is Liability Determined for Rear-End Collisions?
Stopping a vehicle safely is fundamentally essential to safe driving. A driver who collides with or rolls into another vehicle that is legally stopped or legally parked will almost always be deemed at fault and liable for a rear-end accident.
However, and more frequently than you may think, drivers in the front vehicle may share the liability for rear-end collisions. Always leave plenty of space between your vehicle and the one in front of you so you can stop safely if the driver in front brakes or stops for no obvious reason.
In Rear-End Crashes, When is the Driver in Front Liable?
In fast-moving or heavy traffic, if the driver who is in front of you brakes unexpectedly, you may not be able to prevent an accident. In such a situation, if your vehicle collides with the vehicle in front of you, you may not have one hundred percent of the liability for the accident.
Frequently in rear-end accidents, the motorist in front will be deemed partially at fault if that front vehicle's brake lights or taillights weren't functioning properly, if that driver turned without signaling, or if the driver did not use hazard lights or blinkers when making an emergency stop.
If you are the driver in the rear vehicle, it can be a serious challenge to prove that the motorist in front had any fault for the accident. In or near the Albuquerque area, if you were the driver in the rear vehicle, you must be advised and represented by an Albuquerque personal injury lawyer.
What if Both Drivers Are At Fault?
To learn how a rear-end collision happened and who should be held liable – or if the liability should be shared – your attorney will review the police accident report and examine any photos from the accident site, your medical test results, and the statements from any witnesses. If the law entitles you to compensation, your lawyer will negotiate for that compensation on your behalf. However, in many rear-end collisions, each driver has a share of the fault. When liability is shared, New Mexico's courts hold to the legal principle of pure comparative negligence.
How Can “Pure Comparative Negligence” Affect Your Injury Claim?
Based on the pure comparative negligence principle, if an out-of-court settlement is unavailable after a rear-end collision, a New Mexico jury will evaluate the damages and determine each driver's percentage of fault for the accident.
For instance, if your damages total $100,000, but you had ten percent of the fault, you can recover only ninety percent of your damages – $90,000. In other words, the compensation an injury victim can receive will be reduced by the percentage of liability the victim is assigned.
Pure comparative negligence allows an injured motorist to recover compensation even if that motorist has a share of the liability for the accident. In fact, even if you are 99 percent at fault, the State of New Mexico still allows you to qualify for some amount of compensation.
What Happens When You Bring a Personal Injury Claim?
Auto insurance companies prefer to pay as little as possible in personal injury claims, so your Albuquerque personal injury lawyer must be a skilled negotiator who also successfully handles personal injury trials. You cannot put your claim in the hands of an inexperienced lawyer.
Personal injury claims arising from rear-end collisions are usually resolved when the lawyers for each side privately negotiate a settlement out-of-court. If liability is in dispute or if no acceptable settlement figure is offered, your Albuquerque car accident attorney will take your claim to trial.
At an injury trial, a jury hears testimony from both sides, views photographs of the accident, and determines which driver or drivers will be held liable. If the drivers share liability for the accident, the jurors will determine the percentage of liability assigned to each.
Gauthier & Maier Fights for the Injured Victims of Negligence
If you've sustained a personal injury or injuries in or near Albuquerque because another motorist was negligent in a rear-end collision, or if a negligent motorist injures you in the future, after you've been examined and treated, take your injury claim immediately to Gauthier & Maier.
Gauthier & Maier Law Firm has recovered millions of dollars for injured victims of negligence in New Mexico. Your first consultation is offered without obligation or cost. You'll receive personalized legal advice and learn how the law applies to your own injury claim.
Gauthier & Maier knows how to bring your personal injury claim to its best possible resolution. If a negligent driver injures you in a rear-end collision, or if you need to know more about your rights after you've been injured, call Gauthier & Maier Law Firm immediately at 505-226-3205 .