Accidents involving pedestrians and car accidents typically have serious consequences, often leading to severe or fatal injuries, significant financial losses, and emotional distress. While it is common to think of drivers as being responsible for accidents involving pedestrians, there are situations where pedestrians may also be held liable. Understanding the circumstances under which a pedestrian can be held responsible is important for both pedestrians and drivers.
If you or a loved one was injured or killed in a pedestrian accident in New Mexico, experienced personal injury lawyer Paul M. Dominguez can help protect your rights. Attorney Paul M. Dominguez can help conduct an independent investigation to assess the facts of your pedestrian accident case, working to identify all liable parties to hold them accountable for the harm they have caused.
Pedestrian Accident Liability in New Mexico
While pedestrians are not often regarded as being liable for an accident, there are some situations in which a pedestrian might be legally responsible. New Mexico’s liability laws include:
Consulting with a pedestrian accident attorney can help you understand your legal options and ensure that your rights are protected.
Comparative Negligence in New Mexico
New Mexico follows the doctrine of comparative negligence, which means that liability for an accident can be shared among multiple parties based on their respective degrees of fault. This principle recognizes that both drivers and pedestrians have a duty to exercise reasonable care and avoid behaviors that could lead to accidents. New Mexico is a pure comparative negligence state, meaning that even if a pedestrian is partially at fault, they can still recover damages proportionate to their level of fault.
Crossing at Designated Crosswalks
Pedestrians are generally expected to use designated crosswalks when available. In New Mexico, pedestrians have the right of way when crossing at marked crosswalks. However, they are still required to exercise reasonable care and take precautions before crossing. If a pedestrian fails to use a designated crosswalk or crosses against a traffic signal, their actions may contribute to the accident, potentially reducing their ability to recover damages. Failing to use a designated crosswalk can complicate a pedestrian accident claim, potentially reducing the compensation available to the injured party.
Jaywalking and Contributory Negligence
Jaywalking refers to crossing a road at a location other than a designated crosswalk or intersection, and it is a common cause of car-pedestrian accidents. New Mexico law considers jaywalking as a violation of traffic regulations. If a pedestrian is injured while jaywalking, their ability to recover damages may be affected. If the pedestrian’s jaywalking is deemed a contributing factor to the accident, their compensation may be reduced proportionately.
Intoxication and Recklessness
Similar to drivers, pedestrians must refrain from engaging in activities that impair their ability to safely navigate the roadways. If a pedestrian is intoxicated or behaving recklessly, such as darting out into traffic or deliberately causing an accident, their actions may result in shared liability or even being held fully responsible for the accident. Reckless or intoxicated behavior can lead to catastrophic injuries, significantly impacting the victim’s quality of life and ability to provide for their loved ones.
Comparative Negligence and Insurance Claims
When an accident occurs, the insurance company often plays a crucial role in determining liability and compensating the injured parties. Insurance adjusters evaluate the circumstances surrounding the accident and may assign a percentage of fault to each party involved. If a pedestrian is found partially at fault, their potential compensation may be reduced based on the degree of their contribution to the accident. Victims may face significant medical bills, and the insurance company will evaluate these costs when determining compensation.
Seek Qualified Pedestrian Accident Attorney After a Pedestrian Accident in New Mexico
Determining liability in accidents involving pedestrians is often a complicated process, heavily influenced by factors such as the actions of both the pedestrian and the driver, as well as the specific circumstances of the accident. While drivers generally bear greater responsibility for ensuring pedestrian safety, pedestrians also have legal obligations to follow traffic laws and exercise reasonable care. An Albuquerque pedestrian accident attorney can provide the necessary legal support to navigate the complexities of your case. A New Mexico pedestrian accident attorney can advocate for your rights and negotiate with insurance companies on your behalf.
If you or a loved one have been involved in a pedestrian accident in New Mexico, consult with an experienced pedestrian acciden t lawyer. At Dominguez Law, our compassionate and aggressive team can evaluate the specifics of your case, navigate the legal complexities, and advocate for your rights. Filing an injury claim can be a crucial step in seeking compensation for your losses. The rise in pedestrian fatalities underscores the importance of legal representation in these tragic cases. Contact us today to set up a free consultation. Call (505) 850-5854 or reach out to us online for more information about your legal options. Se habla español.