Injuries from a car accident can range from minor cuts and bruises up to life threatening or disabling injuries. These injuries can turn your and your family members’ lives upside down. It is possible to file a legal claim for those personal injuries and for other losses. Contact us to receive help with a car accident claim in Albuquerque.
However, everyone who is injured in an accident might not be entitled to receive compensation for injuries. At Lerner and Rowe, our Albuquerque car accident attorneys want you to be aware of common mistakes drivers make that could spoil your car accident claim and deny you the right for compensation.
You Admitted Fault for the Accident
New Mexico has a comparative negligence rule. If you are deemed to be partially at fault for your accident, your award would be reduced by the percentage applied to your fault. You should never admit fault for the accident without speaking with an attorney.
An admission of guilt to the police, other driver or your insurance company could spoil your case. While it might appear you were at fault, there could be extenuating circumstances, including weather or road conditions that could have attributed to your accident.
You Were Driving Under the Influence
New Mexico has been rated as the state having the eleventh highest number of fatalities in the United States related to drunk driving. Driving under the influence of drugs or alcohol puts you and others on the road at risk. If you are in an accident and found to be under the influence, courts will usually assume that you are at fault. This means if you attempt to file a claim against the other driver, you’re likely to be denied.
Accident Was a Result of Road Rage
Cutting other drivers off, tailgating, speeding up and slamming on the brakes and other aggressive acts while driving are very dangerous. If you were driving aggressively and caused an accident, your own dangerous actions could be the reason for your injuries. Statistics from the NHTSA show that 66% of traffic fatalities are a result of aggressive driving.
You Were Distracted While Driving
If you were distracted while driving, you could lose your case. Distracted driving is a leading cause of automobile accidents in the United States with more than 1,000 injuries and nine fatalities every day. When most people think of distracted driving, they think of texting and driving. However, it may surprise you that the act of eating or drinking your coffee while driving could be a distraction. The law categorizes distractions in three ways. They can be anything that:
- Causes you to take your eyes off the road;
- Requires you to take your hands off your steering wheel; ams,
- Takes your mind off of driving.
Procedural Mistakes
You could be completely free of any guilt for your car accident happening and still spoil your car accident claim. In New Mexico, the statute of limitations allows you three years from the date of your accident to file a claim. If you miss that deadline, you could lose your chance to file.
Avoid Mistakes in Your Car Accident Claim in Albuquerque
If you have suffers an injury in New Mexico, you need to take steps to protect your right to file a car accident claim in Albuquerque for your injury. After seeking emergency medical attention, you should speak with Albuquerque car accident attorneys. They can walk you through what you need to do to secure your claim and avoid mistakes.
The Albuquerque car accident attorneys at Lerner and Rowe are available 24 hours a day because they know accidents don’t always occur between regular 8:00 a.m. to 5:00 p.m. office hours. You can contact us by phone at (505) 544-4444 or online through LiveChat.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.