Albuquerque Car Accident Attorneys

Many drivers have a false sense of security behind the wheel. This can lead to careless behaviors that endanger every person sharing the road. A single careless driver can change someone’s life in an instant.

You can’t always avoid negligent motorists and the accidents they cause. However, you can take the right steps in the aftermath of an accident. Martinez, Hart, Sanchez & Romero is here to help Albuquerque drivers hold negligent parties accountable for the harm they cause. If you or someone you love was involved in a serious motor vehicle crash, call our team right away to learn how we can help you seek the justice you deserve.

Explore Our Legal Services:

• Top Causes of Car Accidents
• Common Car Accident Injuries
• Legal Duty of Care Explained
• Understanding Comparative Negligence
• Where Do Car Accidents Often Occur?
• Steps to Take After a Car Accident
• Compensation for Car Accident Victims
• How Our Firm Can Assist You
• Resources For Car Accident Victims
• FAQs

Need Legal Advice After a Car Accident? Schedule a Free Consultation Today; Call (505) 806-1780 or Contact Us Online to Get Started. Hablamos español.

Top Causes of Albuquerque Car Accidents

Car accidents happen for all types of reasons, from poor driving conditions to problems with the road. 

However, many car accidents are directly attributed to driver error, such as the following:

To further understand these behaviors, it is essential to explore each one's dangers. Texting while driving takes attention away from the road for precious seconds, during which the traffic situation can change drastically. Similarly, speeding reduces reaction time, making it harder to prevent accidents. Drunk driving impairs judgment and reflexes, exponentially increasing accident risk.

If you were injured in a car crash, and you believe the other driver was at fault, you may have grounds for a personal injury claim. A successful claim could allow you to recover compensation for certain accident-related damages, such as medical expenses, lost income/wages, pain and suffering, lost earning ability, and more. 

Common Car Accident Injuries

Even seemingly minor car accidents can cause serious injuries. These injuries not only cause physical issues, but they can also take an emotional toll. When damage is significant, they can greatly impact your quality of life. While injuries depend on the type and severity of a car accident, the following are quite common.

Soft Tissue Injuries

Soft tissues include muscles and tendons, which can be strained or pulled during an accident. Whiplash is among the most common soft tissue injuries, which often occurs during a rear-end accident. When the back of your vehicle is struck with force, your head will whip forward then back, which causes pain and stiffness in the neck.

To mitigate soft tissue injuries, it's crucial to seek medical attention promptly after an accident. Treatment may include physical therapy or exercises to restore movement and strength. Ignoring these injuries can lead to chronic pain or long-term mobility issues.

While whiplash usually isn’t associated with long-term effects, it can still be quite painful. Additionally, it may take weeks for you to recover from the injury, which can impact your ability to work or do the things you enjoy.

Head Injuries

Head injuries, such as concussions, are usually minor. Their effects are often temporary, and most people make a full recovery with a bit of rest.

However, more serious head injuries can have long-term, or even permanent, effects on a person. Lacerations, fractures, swelling, and bleeding on the brain are all very serious and require immediate medical attention. Brain injuries can cause both physical and mental effects, such as decreased mobility, problems thinking, and fluctuating moods.

Furthermore, head injuries can lead to memory issues, concentration difficulties, and even mood changes. Timely medical intervention, including neurological assessments and potential rehabilitation, is critical to managing these injuries effectively.

Chest Injuries

Like head injuries, chest injuries range from minor to more severe effects. For example, the seat belt can sometimes cause bruising across the chest if your body is thrown forward with great force. If your chest makes contact with the steering wheel, rib fractures are likely to occur. This can also lead to internal injuries, including excessive bleeding. 

Chest injuries can significantly impact your respiratory function and overall mobility. Proper diagnosis through imaging tests and prescribed rest or surgery, if necessary, are essential for recovery. Ignoring such injuries can lead to complications such as reduced lung function.

That’s why it’s recommended you receive emergency medical attention after all serious car accidents, regardless of your outward injuries or how you feel.

Spine Injuries

Spine injuries can have a devastating effect on a person’s life. 

Depending on which part of the spine is injured and how bad the damage is, a person might never make a full recovery. Even if a full recovery is possible, spine injuries are often associated with extended rehabilitation and therapy. Some people will require use of assistive devices, such as wheelchairs, if paralysis is a factor. Chronic pain and immobility are also common after spine accidents, even if there isn’t significant impairment.

The severity of spine injuries necessitates comprehensive treatment plans that may include surgery, physical therapy, and pain management techniques. Long-term rehabilitation services are vital in restoring mobility and enhancing the quality of life for affected individuals.

Legal Duty of Care Explained

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 the duty of care.

Merely proving a breach is not enough in a personal injury matter. Establishing negligence involves showing that the breach directly resulted in damages. Courts often consider if the negligence was foreseeable and whether preventive measures were neglected, which would have avoided the injuries.

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, Sanchez & Romero 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. 

Understanding Comparative Negligence in Albuquerque

Unlike states that use a contributory negligence model (which means some degree of culpability by the injured party 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. 

Comparative negligence allows for a fair distribution of liability, recognizing that multiple factors often contribute to accidents. Each party's level of negligence is assessed to ensure equitable compensation, focusing on the particulars of the situation and the involved parties' responsibilities.

However, many insurance companies handling car accident claims will prematurely deny claims if the injured party shared any responsibility. This requires immediate legal attention; our auto accident attorneys at Martinez, Hart, Sanchez & Romero can help you if the insurance company is disputing your claim based on shared fault or comparative negligence. 

Where Do Car Accidents Often Occur in Albuquerque?

Car accidents in Albuquerque, NM, often occur in several well-known local areas, particularly on busy roads and freeways. Here’s a list of common locations:

• Interstate 40 (I-40): I-40 is one of the major east-west freeways running through Albuquerque. High traffic volumes, particularly around rush hours, contribute to frequent accidents, especially near the intersections with major streets such as Coors Boulevard and San Mateo Boulevard.
• Interstate 25 (I-25): Another major freeway, I-25, runs north-south and intersects with I-40 at the "Big I" interchange, a hotspot for accidents due to complex merging lanes and heavy traffic. Accidents are also common near exits like Montgomery Boulevard and Central Avenue.
• Coors Boulevard (NM 45): Coors Boulevard is a busy road on Albuquerque’s west side. This major arterial road sees frequent accidents due to high traffic volumes and numerous intersections. The stretch near Montano Road and Paseo del Norte is particularly accident-prone.
• Paseo del Norte (NM 423): Paseo del Norte is another busy east-west road that experiences significant traffic, especially during rush hours. Accidents frequently occur near the intersections with I-25 and Coors Boulevard.
• Central Avenue (Historic Route 66): As one of Albuquerque’s busiest urban streets, Central Avenue sees a lot of car accidents, particularly in the downtown area, near the University of New Mexico, and around popular shopping districts.
• Montgomery Boulevard: Montgomery Boulevard is a major east-west street that crosses several heavily trafficked areas. Accidents often occur at intersections with San Mateo Boulevard and Louisiana Boulevard due to high traffic and congestion.
• San Mateo Boulevard: San Mateo Boulevard runs north-south and connects several key areas in Albuquerque. The road frequently sees accidents, particularly at busy intersections like Montgomery Boulevard and Menaul Boulevard.
• Unser Boulevard: Unser Boulevard is a north-south road on the west side of Albuquerque, which experiences high traffic volumes, especially near Paseo del Norte and I-40, where accidents are common.
• Lomas Boulevard: Another east-west road, Lomas Boulevard, sees a fair share of accidents, particularly in areas where it intersects with major roads like San Mateo Boulevard and Eubank Boulevard.

These areas tend to have higher rates of accidents due to heavy traffic, complex intersections, and frequent congestion, particularly during rush hours.

Moreover, local road construction, weather conditions, and visibility also contribute to road hazards. Understanding these factors can help drivers exercise additional caution.

Steps to Take After an Albuquerque Car Accident

Call your local law enforcement to investigate and prepare a report. Document the scene if possible; take pictures of damage to your car and take note of the time and place where the accident occurred. Also, speak with any bystanders and ask if they’re willing to make a statement.

Take this information, along with your medical records, and contact Martinez, Hart, Sanchez & Romero as soon as possible so we can help you with your legal strategy. Our Albuquerque car accident lawyers offer both legal and moral support to clients, which is integral to helping you pursue the justice you deserve.

Common Mistakes to Avoid After a Car Accident

Being involved in a car accident can be a stressful and overwhelming experience. It is common for individuals to make mistakes in the immediate aftermath, which can compromise their ability to secure compensation for their damages. Understandably, you may feel the urge to simply handle things quickly and return to normalcy. However, taking the right steps and avoiding certain pitfalls is crucial in protecting your legal position.

One frequent mistake is neglecting medical attention, either due to seemingly minor symptoms or the presumption of unwarranted costs. Even minor injuries can have lasting implications if left untreated, and delaying medical care can undermine any injury claim. It is also advisable to maintain a detailed record of all medical visits and communications with healthcare providers.

Another error is providing recorded statements to insurance adjusters without legal consultation. Although cooperative communication is crucial, prematurely providing a statement could potentially harm your claim, especially if answers are given under stress or misinterpretation. Moreover, failing to gather comprehensive evidence at the scene can weaken your case. Collecting eyewitness testimonies, photographs, and police reports are vital in creating a robust account of the incident.

Should I Go to the Doctor After a Car Accident?

You were recently involved in a car accident, but you feel fine. You don’t see any point in visiting the doctor and incurring unnecessary expenses, so you decide against scheduling an appointment. While it is not abnormal for car accident victims to forego medical attention following an accident, you should rethink your decision, as failure to seek medical care could negatively impact a potential future personal injury case.

Many car accident injuries are not immediately apparent following a crash. This can happen for a number of reasons. One of the most common reasons crash victims do not feel any pain is the rush of adrenaline that courses through the body due to the shock of the car accident. This rush of adrenaline makes it difficult for accident victims to feel or identify any pain. However, once the adrenaline rush subsides, the pain may become more acute.

Then there are those individuals who do feel pain following a car crash, but it’s more of a dull ache than a sharp and urgent pain. These individuals may forego medical attention because they assume the pain will go away on its own.

Finally, there are those accident victims who fail to seek medical care because of presumed cost and/or hassle. Some of these individuals do not have health insurance and so believe it would be more costly to see a doctor for perceived minor injuries than it would to just wait the pain out. Others don’t want to take time off of work or other obligations to schedule one or more doctor’s appointments.

There Is No Good Reason Not to Seek Medical Care

Regardless of your rationale, know that there is no good reason to not at least see your primary care physician following a car accident. As previously mentioned, many car accident injuries are latent, meaning they are slow to develop. 

And, the likelihood that you can recover any compensation for long-term costs and consequences associated with the injury goes down with each passing day. 

For instance, it may be obvious to an insurance adjuster that your back problems are the result of the accident when you report them to your doctor immediately after the accident. However, when you wait a month or even two, the adjuster might try to argue that subsequent activities could have caused your injuries. Because there are no medical records from immediately following the accident, you have very little evidence to support your claim.

Ideally, you should seek medical care within three days of an accident. This is the case even if you don’t sustain injuries or develop any symptoms. By seeing a doctor within this timeframe, you can ensure you have a completely solid and irrefutable case.