In a perfect world, all drivers would be responsible and safe behind the wheel. Unfortunately, too many drivers partake in careless and sometimes deadly behaviors, which affects their safety as well as the safety of others.
Being the victim of another driver’s negligence causes a great deal of stress, but our team of personal injury attorneys at Martinez, Hart, Thompson & Sanchez, P.C. know the obstacles our clients face. We provide dedicated legal support throughout Albuquerque and New Mexico to help hold negligent drivers accountable for their actions. We also ensure our clients understand the legal concepts involving their cases so they can make the best decisions.
Duty of care is a legal concept that states all drivers have an obligation to operate their vehicles with a reasonable standard of care to prevent harm from coming to others. When this duty of care is breached, a driver is said to have behaved negligently. Speeding, disobeying traffic signs, running red lights, drunk driving, and distracted driving are all categorized as breaches of duty of care.
Showing a person failed to use a suitable amount of care while driving is not enough in a personal injury case. You must also show that negligent behaviors were “a cause” of the injuries you sustained. This is often determined by the but-for test, which probes whether a person’s injuries would have occurred had a person not behaved negligently. Even if the at-fault driver clearly breached their duty of care, the insurance companies and defense teams representing the at-fault driver will usually dispute whether the at-fault driver’s negligence was “a cause” of your injuries. Our team at Martinez, Hart, Thompson. & Sanchez, P.C., is well-versed on these defense strategies. We are ready to listen to your case, help analyze the other driver’s negligence and causation, and, ultimately, help you prove the personal injuries you suffered.
Unlike states which use a contributory negligence model (which means some degree of culpability by the injured party/the plaintiff, 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. However, many insurance companies handling car accident claims will prematurely deny claims if the injured party shared any responsibility. This requires immediate legal attention for which our team at Martinez, Hart, Thompson & Sanchez, P.C., has the expertise and experience to help you achieve justice.
Martinez, Hart, Thompson & Sanchez, P.C. strives to make complex legal concepts understandable, so you can make the best decisions in your case and help you prove your damages against the at-fault driver.