How to Prove Negligence in a New Mexico Pedestrian Accident

by | Dec 25, 2023 | Injuries | 0 comments

Walkers, bicyclists, skateboarders, and other pedestrians in New Mexico get a unique perspective on the vibrant landscapes and communities that make the state special. Unfortunately, as enjoyable as getting around town as a pedestrian is, sharing the roads with vehicles can lead to tragedy. Pedestrian accidents often result in severe injuries or fatalities, and if you or someone you care about was injured in one, you could be entitled to compensation under New Mexico state law.

At Dominguez Law, we help pedestrian accident victims in Albuquerque and throughout New Mexico seek justice for the damages they have suffered. Our team is here to support you in your journey to holding the negligent party accountable for your pain, suffering, lost wages, and other losses.

Understanding Negligence in New Mexico Pedestrian Accidents

Negligence in a pedestrian accident involves demonstrating that the responsible party failed to exercise reasonable care, resulting in harm to the pedestrian.

The following steps are crucial to proving negligence in New Mexico pedestrian accident cases:

  • Gather evidence at the scene: If physically able, document the accident scene. Take photographs of the location, any traffic signals, crosswalks, or relevant signage. This visual evidence can provide context for how the accident occurred.
  • Collect witness statements: Identify and interview any witnesses who observed the accident. Their statements can serve as valuable testimony in establishing the sequence of events and determining fault.
  • Document your injuries: Seek immediate medical attention and maintain detailed records of your injuries, treatments, and recovery process. Medical documentation serves as compelling evidence linking your injuries to the pedestrian accident.
  • Retain police reports: Obtain a copy of the police report filed at the scene of the accident. This official document can contain crucial details, statements from involved parties, and the officer’s assessment of the situation.
  • Review traffic laws: Familiarize yourself with New Mexico’s pedestrian and traffic laws. Understanding the applicable rules can help in identifying instances where the driver failed to adhere to legal obligations.
  • Consult with a personal injury lawyer: Seeking legal advice is pivotal. A skilled personal injury lawyer experienced in New Mexico law can provide guidance on the specifics of your case, assess the strength of your claim, and navigate the legal proceedings.
  • Establish driver’s breach of duty: To prove negligence, demonstrate that the driver breached their duty of care. This could include actions such as distracted driving, speeding, running a red light, or failure to yield to pedestrians in crosswalks.
  • Demonstrate causation: Establish a direct link between the driver’s breach of duty and the injuries sustained. This involves demonstrating that the driver’s actions were the proximate cause of the pedestrian accident.
  • Quantify damages: Calculate and document the damages incurred, including medical expenses, lost wages, pain and suffering, and any other relevant costs. This information contributes to determining the compensation sought in a legal claim.

The above list may seem intimidating, but when you partner with a Dominguez Law pedestrian accident attorney, they can guide you through the process step by step, confirming that your rights and interests are prioritized throughout the process.

Consult an Experienced Pedestrian Accident Attorney in Albuquerque, New Mexico

Navigating the aftermath of a pedestrian accident in New Mexico requires a strategic approach to prove negligence and secure the compensation deserved. At Dominguez Law, our compassionate and aggressive team has extensive experience in various types of personal injury accidents, including those involving pedestrians.

If you or someone you love was injured in a New Mexico pedestrian accident, schedule a free, no-obligation meeting with us today by calling (505) 850-5854 or submitting our contact form. We also speak Spanish.