Martinez, Hart, Thompson & Sanchez, P.C.
800-698-1773 | 505-633-8770

Albuquerque, New Mexico, Personal Injury Blog

Is the saying "speed kills" really true in car accidents?

Our readers in New Mexico have probably heard the saying "speed kills." And, unfortunately, based on statistics compiled by the National Highway Traffic Safety Administration, the saying is based in truth. The NHTSA statistics show that in 2017 alone, approximately 26 percent of all traffic fatalities in America were attributed to speeding. A whopping 9,700 people died that year due to speeding.

Most people are probably guilty of being a little heavy-footed behind the wheel from time to time. Fortunately, most of us are still able to return home safely each night. But, the reality is that many people are killed or seriously injured in car accidents that involve speeding.

The basics of a wrongful death lawsuit

People in New Mexico who have experienced the unexpected death of a loved one know how hard it is to deal with such an event, both from an emotional and financial perspective. When a loved one dies, the event can throw a whole family into turmoil. If the person's death was caused by the negligent or reckless actions of another party, the emotional pain can be even greater. But, in these situations, a wrongful death lawsuit may be an option to address the financial impact of the incident.

It is important for family members who find themselves in this type of situation to understand the basics of a wrongful death lawsuit. For starters, the appropriate defendant for the case needs to be identified. If, for example, the loved one died in a car accident, the defendant will likely be another driver who caused the accident. But, there could be other defendants as well, like the car manufacturer if, for instance, a safety feature in the vehicle failed.

Americans talk on the phone less, but use it more while driving

New Mexico residents have likely heard the saying that someone needs to learn something "the hard way." Well, according to a recent report, that saying apparently applies to millions of Americans when it comes to distracted driving, particularly using a cellphone while driving.

The report noted that a study conducted by the Insurance Institute for Highway Safety found that a drastic increase in cellphone use while driving is happening in America. From 2014 to 2018, the study found that 57 percent more drivers are reaching for their cellphone while driving. If that estimate is true, all those on the roads in New Mexico and throughout the country should be on the lookout for drivers who are endangering themselves and others by using their cellphones while driving.

Fatal car accidents are slightly declining, but risks remain high

If you look at the statistics from the past few years, you will find that deadly car accidents have been on the decline. The United States still sees more than 35,000 deaths every year from car accidents, a staggering number, but it has dropped slightly.

Statistics show that it fell almost 2 percent between 2016 and 2017. Early 2018 reports show that the decline likely continued, though it takes time to really analyze all of the data.

Moving forward with legal options after a serious injury

When New Mexico residents suffer a serious injury in a catastrophic accident, there are many people who are affected by the event. The injured victim may have been a key income earner for the family, or perhaps was the main caregiver for children or an elderly relative. If the victim has suffered a traumatic brain injury, a spine injury or even several broken bones, the long road to recovery can seem daunting to everyone involved.

However, while the victim is receiving medical treatment and going through restorative therapy, they may need to think about the legal options that might be available to help them recover financial compensation. If the accident in question was caused by another party, be it a car accident, motorcycle accident or even an auto-pedestrian collision, the injured party may be able to file a personal injury lawsuit. Doing so could lead to an award of financial compensation, or perhaps a successful agreement in settlement negotiations.

How to proceed after being injured on another property

No one plans on getting injured, although most people have health insurance to help pay for the expenses associated with such an event. When New Mexico residents are injured by a dangerous condition on another person's property, they may be able to pursue a lawsuit to help them recover financial compensation to cover expenses associated with the injuries.

How does one proceed with such a claim? There are some basics elements of a premises liability claim that need to be established. First, the status of the visitor to the property must be determined. A guest or invitee to the property is present at the property owner's request. Therefore, a visitor with this status has the strongest standing to proceed with a lawsuit if an incident occurs.

Proving the essential elements of a slip-and-fall case

When our readers in New Mexico think of the typical slip-and-fall case, they probably envision a scenario at a grocery store where a slippery floor was not properly cleaned, leading to someone falling and becoming injured. And, while it may seem fairly straightforward to determine who is at fault in these types of situations, a personal injury lawsuit based on such a scenario might actually be more complicated than one may think.

For starters, injured victims will often need to file a case in civil court to begin the process of holding the business or store accountable. In order to file such a case, the injured victim must have the basic elements of a premises liability case established, at least until further information becomes available.

The deadly impact of distracted driving in America

By now, many of our readers in New Mexico are well aware of the danger of distracted driving. As sad as it is to think about, there were probably hundreds of people injured in car accidents in America over the recent holiday season due to the negligent and reckless actions of distracted drivers - some likely only minor, but almost certainly some were serious. Just how deadly is the impact of distracted driving in America?

Well, according to one recent report, in 2016 alone, the National Highway Traffic Safety Administration reported that nearly 3,500 people died in distracted driving accidents in America. While that number may seem high, the number of people injured in distracted driving accidents that year is just as shocking: 391,000.

Pursuing legal options after a wrongful death

No one wants to think about the possibility of losing a loved one this holiday season, but the reality is that this is a time of year when millions of Americans are traveling on our nation's roadways. Increased traffic on the road inevitably leads to an increase in the number of car accidents. Some of these car accidents can be quite serious, and a few will probably even lead to fatalities.

When a fatality occurs in a car accident, the deceased person's surviving relatives may be able to take action through a wrongful death claim. However, doing so is quite different from pursuing a run-of-the-mill personal injury lawsuit. When a fatality is involved in a case, there is an increased sensitivity to the tragedy that the family is experiencing, with the ultimate goal of pursuing financial compensation to help the family. The deceased loved one can never be replaced.

Recent study finds heartbreaking top causes of death for children

Children in the United States face many risks and dangers as they grow up, and compiling the statistics can shed some light on the heartbreaking truth: the leading causes of death for these young kids. Understanding how and why these incidents occur can help parents and family members know what the risks look like and how to proceed after such a tragic incident.

A recent study looked at the causes of death in 2016, and it found that the top three for children were car accidents, gun deaths and cancer.

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Albuquerque, NM 87104

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