Most car accidents fit into just a few patterns. Examining common car accident scenarios — causes and determining fault — confirms this fact and provides an overview of the legal principles used by the lawyers, insurers, and judges who deal with crashes.
A liability analysis can be critically important in the aftermath of an accident. Collisions in Albuquerque, NM, can cause serious injuries and significant financial losses. An Albuquerque car accident lawyer from Runion Personal Injury Lawyers can review your situation and tailor a legal strategy to pursue the compensation you deserve under New Mexico law.
Contact us to schedule a free consultation at (505) 594-3621.
How Runion Personal Injury Lawyers Can Help After An Accident In Albuquerque, NM
Runion Personal Injury Lawyers has served accident victims in Albuquerque, New Mexico for over a decade. Our attorneys have over 55 years of combined experience and claim a 98% success rate. Through our efforts, we have recovered over $50 million in financial compensation for our injured clients.
We provide the following legal assistance after someone else’s wrongful or negligent actions injure you:
- Discuss your accident and analyze your options for seeking compensation
- Gather evidence, including medical records and the crash report, to support your case
- File an insurance claim and negotiate to resolve it quickly and fairly
- Litigate against insurers and at-fault parties that refuse to settle
Proving liability for a car accident can involve complex factual and legal issues. Contact Runion Personal Injury Lawyers for a free consultation with an experienced Albuquerque personal injury attorney to discuss how we can help you recover injury compensation.
Legal Principles For Determining Car Crash Liability
Few car crashes are due to intentional acts. Even when drivers deliberately speed or disobey red lights, they usually do not intend to collide with a vehicle, pedestrian, or bicyclist.
However, they are disregarding the unreasonable risk that their behavior poses to other road users. The law refers to this disregard as “negligence.” Proving negligence requires evidence of the following four elements:
- Duty of care
- Breach of duty
- Loss
- Causation
The key element is “breach of duty.” When drivers violate traffic laws or do something unreasonably dangerous, they have likely breached the duty of care expected of all drivers. Thus, they may bear liability for any collision they cause.
Analysis Of Common Crash Scenarios
According to New Mexico’s Traffic Crash Annual Report for 2022, these were the most common contributing factors to traffic accidents:
- Inattentive driving
- Failing to yield the right of way
- Tailgating
- Other improper actions
Similarly, the most common contributing factors to traffic deaths were:
- Inattentive driving
- Driving under the influence of drugs or alcohol
- Speeding
Learn more about the most common car accident scenarios in New Mexico.
Rear-End Collisions
Rear-end crashes happen when a driver plows into the back of the vehicle in front of them. Frequently, the at-fault driver was tailgating, speeding, or distracted by something before the collision.
At 25 miles per hour, a driver covers over 70 feet during a two-second text reply. If the vehicle in front of them slows down or stops, they may not have time to react and avoid a collision.
Although rear-end collisions are more common than other crash types, they are less likely to injure or kill than angle crashes. Still, these accidents often cause serious but survivable injuries like whiplash and concussions.
The liability for a rear-end crash typically falls on the rear driver because they are responsible for following at a safe distance. If the rear driver can prove that the front driver recklessly cut them off, they may be able to shift blame.
Intersection Crashes
Almost all intersection collisions happen because a driver has failed to yield the right of way. This failure might involve:
- Disobeying a red light or stop sign
- Turning right at a red light without waiting for a gap
- Turning left in front of an approaching vehicle
- Proceeding before pedestrians clear the crosswalk
The driver who violated the right-of-way rules is liable for these crashes. For example, if a driver goes out of turn at a four-way stop, they will be liable for the injuries they cause.
Distracted And Inattentive Driving Accidents
Distracted driving happens when drivers try to perform other tasks while driving. Examples include using electronic devices, talking, or reaching for fallen objects. A distracted driver cannot spot or react to traffic or road hazards.
The liability for these collisions falls on the distracted driver. The drivers may share the blame if they were both distracted.
Contact Our Albuquerque Car Accident Lawyers For A Free Consultation
Car crash injuries can threaten your physical health and financial security. Contact Runion Personal Injury Lawyers to discuss your car crash and learn how our Albuquerque car accident lawyers can fight for compensation from the at-fault party. We offer a free consultation.
