Martinez, Hart, Sanchez & Romero Martinez, Hart, Sanchez & Romero
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Serving Albuquerque and throughout the state of New MExico We're Not Just Your Law Firm, We're Also Your Neighbors

Albuquerque Car Accident Lawyers

Filing a Car Accident Claim in New Mexico 

Many drivers have a false sense of security behind the wheel. This can lead to careless behaviors that endanger every person sharing the road. A single careless driver can change someone’s life in an instant.

You can’t always avoid negligent motorists and the accidents they cause. However, you can take the right steps in the aftermath of an accident. Martinez, Hart, Sanchez & Romero is here to help Albuquerque drivers hold negligent parties accountable for the harm they cause. If you or someone you love was involved in a serious motor vehicle crash, call our team right away to learn how we can help you seek the justice you deserve.

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Need legal advice after a car accident? Schedule a free consultation today by calling (505) 806-1780 or online contact form to get Started. Hablamos español.

Top Causes of Albuquerque Car Accidents

Car accidents happen for all types of reasons, from poor driving conditions to problems with the road. 

However, many car accidents are directly attributed to driver error, such as the following:

If you were injured in a car crash, and you believe the other driver was at fault, you may have grounds for a personal injury claim. A successful claim could allow you to recover compensation for certain accident-related damages, such as medical expenses, lost income/wages, pain and suffering, lost earning ability, and more. 

Common Car Accident Injuries

Even a “minor” crash can leave victims with serious injuries that disrupt daily life. Some of the most common car accident injuries include:

  • Whiplash and soft tissue injuries
  • Broken bones and fractures
  • Head and traumatic brain injuries (TBIs)
  • Back and spinal cord injuries
  • Internal organ damage
  • Cuts, bruises, and burns

Our firm works closely with medical experts to document your injuries and ensure your claim fully accounts for current and future medical needs.

Legal Duty of Care Explained

Every driver on New Mexico’s roads owes a duty of care to others. This legal concept means motorists must act reasonably and responsibly to avoid harming others. Examples include obeying traffic signals, driving at safe speeds, and avoiding distractions.

When a driver breaches this duty—by texting behind the wheel, speeding, or driving drunk—they can be held legally responsible for resulting injuries and damages. Proving this duty of care and its violation is central to a successful car accident claim.

Understanding Comparative Negligence in Albuquerque

Unlike states that use a contributory negligence model (which means some degree of culpability by the injured party will prevent them from receiving damages), New Mexico is a pure comparative negligence state. In this case, a percentage of fault for each party is determined, and damages are awarded according to those determinations. This makes it possible for a driver to be partially responsible for what occurred and still be eligible for damages. 

Comparative negligence allows for a fair distribution of liability, recognizing that multiple factors often contribute to accidents. Each party's level of negligence is assessed to ensure equitable compensation, focusing on the particulars of the situation and the involved parties' responsibilities.

However, many insurance companies handling car accident claims will prematurely deny claims if the injured party shared any responsibility. This requires immediate legal attention; our auto accident attorneys at Martinez, Hart, Sanchez & Romero can help you if the insurance company is disputing your claim based on shared fault or comparative negligence. 

Where Do Car Accidents Often Occur in Albuquerque?

Car accidents in Albuquerque, NM, often occur in several well-known local areas, particularly on busy roads and freeways. Here’s a list of common locations:

  • Interstate 40 (I-40): I-40 is one of the major east-west freeways running through Albuquerque. High traffic volumes, particularly around rush hours, contribute to frequent accidents, especially near the intersections with major streets such as Coors Boulevard and San Mateo Boulevard.
  • Interstate 25 (I-25): Another major freeway, I-25, runs north-south and intersects with I-40 at the "Big I" interchange, a hotspot for accidents due to complex merging lanes and heavy traffic. Accidents are also common near exits like Montgomery Boulevard and Central Avenue.
  • Coors Boulevard (NM 45): Coors Boulevard is a busy road on Albuquerque’s west side. This major arterial road sees frequent accidents due to high traffic volumes and numerous intersections. The stretch near Montano Road and Paseo del Norte is particularly accident-prone.
  • Paseo del Norte (NM 423): Paseo del Norte is another busy east-west road that experiences significant traffic, especially during rush hours. Accidents frequently occur near the intersections with I-25 and Coors Boulevard.
  • Central Avenue (Historic Route 66): As one of Albuquerque’s busiest urban streets, Central Avenue sees a lot of car accidents, particularly in the downtown area, near the University of New Mexico, and around popular shopping districts.
  • Montgomery Boulevard: Montgomery Boulevard is a major east-west street that crosses several heavily trafficked areas. Accidents often occur at intersections with San Mateo Boulevard and Louisiana Boulevard due to high traffic and congestion.
  • San Mateo Boulevard: San Mateo Boulevard runs north-south and connects several key areas in Albuquerque. The road frequently sees accidents, particularly at busy intersections like Montgomery Boulevard and Menaul Boulevard.
  • Unser Boulevard: Unser Boulevard is a north-south road on the west side of Albuquerque, which experiences high traffic volumes, especially near Paseo del Norte and I-40, where accidents are common.
  • Lomas Boulevard: Another east-west road, Lomas Boulevard, sees a fair share of accidents, particularly in areas where it intersects with major roads like San Mateo Boulevard and Eubank Boulevard.

These areas tend to have higher rates of accidents due to heavy traffic, complex intersections, and frequent congestion, particularly during rush hours.

Moreover, local road construction, weather conditions, and visibility also contribute to road hazards. Understanding these factors can help drivers exercise additional caution.

Steps to Take After an Albuquerque Car Accident

If you’re involved in a crash, taking the right steps can protect your health and your legal rights:

  1. Seek medical attention – Even if injuries seem minor, get checked by a doctor.
  2. Call law enforcement – A police report can serve as key evidence.
  3. Document the scene – Take photos of vehicles, injuries, and road conditions.
  4. Exchange information – Get the other driver’s contact and insurance details.
  5. Avoid admitting fault – Stick to the facts when speaking to police or insurance adjusters.
  6. Contact an attorney – The sooner you involve a lawyer, the better your chances of securing full compensation.

Contact our Albuquerque car accident attorneys today to schedule a free consultation.

  • "I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."
    Christopher C.
  • "Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."
    Dorian D.

What Kind of Compensation Can You Receive After a Car Accident in Albuquerque?

After a car accident in Albuquerque, you may be entitled to various types of compensation, depending on the specific circumstances of the accident and the resulting injuries. Some common types of compensation include:

  • Medical expenses: This includes reimbursement for past and future medical bills related to the accident, such as hospital stays, surgeries, medications, rehabilitation, and therapy.
  • Lost wages: If the accident caused you to miss work and resulted in a loss of income, you may be eligible to recover the wages you would have earned during that time.
  • Property damage: Compensation for the repair or replacement of your vehicle or other property damaged in the accident.
  • Pain and suffering: This refers to the physical and emotional pain, suffering, and distress caused by the accident and your injuries.
  • Loss of enjoyment: If the accident has affected your ability to participate in activities or hobbies that you previously enjoyed, you may be entitled to compensation for the loss of enjoyment.
  • Permanent disability or disfigurement: If the accident has resulted in a long-term or permanent disability or disfigurement, you may be eligible for additional compensation.
  • Loss of consortium: Damages awarded to a spouse or family member for the loss of companionship, support, or intimacy resulting from the accident.

Beyond these financial considerations, non-economic damages also play a critical role in an individual's recovery. While economic damages are tangible and can be easily calculated, non-economic damages provide compensation for intangible effects like emotional distress and decreased enjoyment of life, reflecting more on an individual's well-being after the incident.

The specific amount of compensation you can receive will depend on factors such as the severity of your injuries, the impact on your daily life, and the available insurance coverage. Consulting with an experienced car accident lawyer in Albuquerque can help you understand your rights, assess the value of your claim, and navigate the legal process to seek fair compensation.

How Can an Auto Accident Lawyer Help You?

After being injured in a car wreck, the last thing you need to worry about is dealing with complex legal issues. 

Fortunately, an accident attorney can help with the following tasks:

  • Communicating with the Insurance Company: You’ll most likely need to deal with the other driver’s insurance company when seeking compensation for the damage that occurred. You’ll also need to communicate with your insurance provider to confirm your available auto coverages. We have extensive experience working with insurance companies and in understanding insurance policies and negotiations and can help you with this process. 
  • Obtaining Medical Records: Medical records—including x-rays, examination results, treatment recommendations, and billing information—are your evidence of personal injuries. They are key in establishing the extent of your injuries. Not only is collecting your medical records and bills important, but summarizing and explaining your injuries is key to a successful outcome.
  • Reviewing Evidence: Proving your case requires collecting police reports, taking witness interviews, photographing the scene of the crash, and collecting your medical records. We have the legal knowledge and skill to effectively gather the evidence needed to prove your case. 
  • Maximizing Insurance Coverage: It is crucial to coordinate your health insurance coverage and auto insurance coverages for successful recovery. We understand the complex language in insurance policies and can help ensure you maximize all of the available insurance coverage to pay for your medical expenses, pain and suffering, and property damage.
  • Calculating Settlement Offers: Insurance companies often make low initial offers. Evaluating whether the offer is fair and reasonable for the injuries you suffered requires a skilled legal team. We are ready to listen to your case and ready to ensure you are treated fairly.
  • Representing You in Court: Many car accident cases are settled outside of the courtroom. However, if there are disputes about fault or damages, the matter will be taken to court. With professional legal assistance on your side, you can rest assured that your case will be presented persuasively to a jury.

Additionally, Martinez, Hart, Sanchez & Romero's team can offer emotional and practical support during what can be an overwhelming process. From offering guidance through insurance paperwork to providing insight on the best course of action, we are here to alleviate the burden and advocate for your rights.

Reach out to our Albuquerque car accident attorneys today to learn how we can help you with your motor vehicle accident matter. We offer free consultations and contingency fees, meaning you do not pay any legal fees unless/until we recover a settlement or verdict on your behalf. 

Resources for Car Accident Victims in Albuquerque

Car accident victims in Albuquerque, New Mexico, have access to various resources to help them recover physically, emotionally, and financially. These include medical care, legal services, counseling, and community support organizations.

Emergency Medical Care

911 and Emergency Rooms: Victims can call 911 for immediate assistance and be transported to local hospitals, such as:

  • University of New Mexico Hospital (UNMH): Level 1 trauma center offering advanced care for serious injuries.
  • Presbyterian Hospital Albuquerque: Comprehensive medical services and trauma care.
  • Lovelace Medical Center: Provides emergency and specialized care.

Urgent Care Clinics: For less severe injuries, clinics like NextCare Urgent Care or MD Urgent Care are available.

Financial Assistance

Crime Victims Reparation Commission (CVRC): May provide aid if the accident involved criminal activity, such as a hit-and-run or DUI.

Local Charities and Churches: Organizations like Catholic Charities of New Mexico may offer short-term financial assistance for medical bills or living expenses.

Counseling and Emotional Support

Trauma Counseling Services: Mental health resources are available for those dealing with PTSD or emotional distress after the accident.

  • NM Crisis and Access Line: 24/7 support for mental health crises (Call 1-855-662-7474).
  • Counselors at Albuquerque Family Counseling.

Support Groups: Community-led groups for accident survivors to share experiences and coping strategies.

Rehabilitation Services

Physical Therapy Clinics: To help victims recover from injuries and regain mobility.

  • ATI Physical Therapy and Therapy Solutions offer tailored rehab programs.

Chiropractic Care: Clinics like The Joint Chiropractic focus on spinal adjustments and pain management.

Reporting and Investigation

Albuquerque Police Department: Victims should file a report if law enforcement did not respond at the scene.

  • Visit APD substations or file reports online.

Proactively involving the police ensures that your incident is documented correctly, linking to your insurance coverage and the verification of the accident details. This documentation can be crucial in future legal or insurance matters.

Legal Aid Society of New Mexico: Offers guidance for victims unsure about navigating investigations or insurance matters.

FAQs About Albuquerque Car Accidents

What should I do immediately after a car accident in Albuquerque?

After ensuring everyone's safety, call 911 to report the accident. Exchange contact and insurance information with the other driver(s). Take photos of the accident scene and any damages. Seek medical attention if necessary, and notify your insurance company as soon as possible.

Do I need to file a police report for a car accident in Albuquerque?

Yes, it's essential to file a police report for any car accident in Albuquerque, especially if there are injuries, significant property damage, or disputes over fault. The police report provides an official record of the incident, which can be crucial for insurance claims and legal proceedings.

How long do I have to file a car accident claim in Albuquerque?

In New Mexico, including Albuquerque, the statute of limitations for filing a personal injury claim resulting from a car accident is generally three years from the date of the accident. However, it's advisable to consult with a lawyer as soon as possible to ensure you meet all deadlines and requirements.

What should I do if the other driver in Albuquerque doesn't have insurance?

If you're involved in a car accident in Albuquerque with an uninsured driver, notify your insurance company immediately. Depending on your policy, you may have uninsured motorist coverage, which can help cover your medical expenses and property damage. You may also consider consulting with a lawyer to explore other options for compensation.

What should I do if I'm involved in a hit-and-run accident in Albuquerque?

If you're the victim of a hit-and-run accident in Albuquerque, try to gather as much information as possible about the fleeing vehicle, such as its make, model, color, and license plate number. Immediately report the incident to the police and provide them with any evidence or witness statements you have. Additionally, notify your insurance company to begin the claims process.

What is the importance of gathering evidence at the scene?

Gathering evidence at the scene of an accident in Albuquerque is crucial because it helps establish a factual basis for your claim. Taking photos of the involved vehicles, road conditions, and any visible injuries can provide visual documentation of the accident's severity. Eyewitness accounts can validate your version of the incident, and police reports serve as official records, assisting in establishing fault. Comprehensive evidence collection supports your discussions with insurance companies and strengthens your legal standing, making it easier to negotiate fair compensation.

How can weather conditions affect car accidents in Albuquerque?

Weather conditions in Albuquerque can significantly impact driving safety and contribute to accidents. Rain can create slippery roads, making vehicles prone to skidding, while fog reduces visibility, increasing the risk of collisions. In winter, snow and ice can lead to treacherous driving conditions, requiring slower speeds and greater driving distances between vehicles. Drivers unaccustomed to such weather may underestimate its impact, resulting in more frequent accidents. Awareness of weather forecasts and adjusting driving habits accordingly are essential for maintaining safety on the roads.

Contact us today for more info or call (505) 806-1780 to schedule a free initial consultation. Hablamos español. 

"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."
Dorian D.
Our History

Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.