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Losing a family member is always difficult. But what happens when you know that your loved one lost their life due to the negligence of a driver in New Mexico? In this situation, you might be intent on pursuing justice on your deceased family member’s behalf. You may feel like this is simply the right thing to do. Perhaps you feel as though the driver should experience consequences for their misconduct on the road. Maybe you are struggling with unpaid medical bills, funeral expenses, and missed wages left behind by your loved one. Still, others feel that pursuing justice helps them achieve a sense of closure, allowing them to move on with their lives after this loss. But how can you sue after losing a loved one in a pedestrian accident?
Why Fatal Pedestrian Accidents are Common in New Mexico?
Unfortunately, fatal pedestrian accidents occur every week in New Mexico. Within the past few weeks alone, numerous pedestrians have lost their lives due to these kinds of accidents. But just because these accidents are common does not mean that they are acceptable. To send a strong message and protect pedestrians, negligent drivers must be held accountable.
In November of 2022, police announced that they were investigating a Las Cruces pedestrian accident that left one victim dead. Not much additional information was released to the public. In early December of 2022, police announced that they were investigating another fatal pedestrian accident – this time in Albuquerque. Again, very little information was released to the public – other than the fact that the victim was transported to a hospital before they ultimately succumbed to their wounds.
Days later, a high school student in Las Cruces was killed after a driver reportedly veered off the road while moving at a high speed. Both the pedestrian and the driver were teens. The defendant was charged with one felony count of involuntary manslaughter. Because he was 18 at the time of the crash, he was charged as an adult. This incident occurred on I-10, and days later another fatal crash occurred on the same highway in Central El Paso. Crossing the highway without a crosswalk is generally a bad idea, and this was highlighted by the fact that the victim was struck by a total of three vehicles. In fact, the police believe that more vehicles struck the victim but fled the scene without stopping to wait for first responders.
On Christmas Eve of 2022, it was reported that a vehicle had struck and killed a pedestrian on Wyoming Boulevard in Albuquerque. Very little additional information was released to the public.
What Are The Basics of Wrongful Death Lawsuits for Pedestrian Accidents?
When you file a lawsuit on behalf of a deceased family member, it is known as a “wrongful death” lawsuit. Only certain people can file wrongful death lawsuits on behalf of deceased victims, and the most common family members are parents, children, or spouses of the victims. Once you determine whether or not you can sue on behalf of your loved one, it is time to start gathering evidence of negligence.
Since New Mexico is a “tort” or “at-fault” state, you will need to show that the driver or driver who killed your loved one acted in a negligent manner. If you cannot prove negligence, you cannot receive any compensation. The good news is that even if your loved one was partly responsible for their own death, you can still sue negligent drivers thanks to New Mexico’s “pure” comparative negligence laws. This means that even if your loved one was 99% responsible for their own death, you could still theoretically sue negligent drivers for 1% of your total settlement.
Where Can I Find a Qualified Personal Injury Attorney in New Mexico?
If you have been searching the New Mexico area for a qualified, experienced personal injury attorney in New Mexico, look no further than Ruhmann Law Group. Over the years, we have assisted numerous plaintiffs – including those who have lost loved ones in fatal pedestrian accidents. We understand how important it is to seek justice in this situation, and we can guide you forward. Book your consultation today, as the statute of limitations can prevent you from suing if you wait too long before taking legal action.