Pedestrian accidents are no stranger to New Mexico, the state that had the highest rate of pedestrian deaths in the U.S. in 2014. In 2014, this state was responsible for 74 pedestrian fatalities, which is almost 4 people per 100,000 residents. The factor involved in most of these accidents? Alcohol. In fact, alcohol was the reason for fatal accidents by both pedestrians and drivers. Another big factor was pedestrians jaywalking at intersections. We take New Mexico pedestrian accidents very seriously. If you have been injured in a pedestrian accident, you may wonder where to turn – and we can help!
What Duty of Care Does a Driver Owe You?
Drivers owe a duty of care to everybody else on the roadways. This is especially true for pedestrians, who do not have the same protections from the elements like passenger vehicle drivers do. This is why motor vehicle drivers owe a special duty of protection to pedestrians, and if they fail to do so, they are breaching this duty to protect you at all costs. This leads to negligence by drivers. Here are some of the ways that negligence occurs in pedestrian accidents:
- Improper lane use, which forces a pedestrian onto the road or leads to hitting them head-on
- Unmarked crosswalks at intersections, which are a hotspot for these accidents
- Left-hand turn accidents, which occur when a driver is busy negotiating the intersection and looking straight ahead rather than at the person walking
- Distractions such as texting and driving or texting and walking by drivers and pedestrians, which takes their attention away from the road
- Dark clothing that makes pedestrians difficult to spot, a major factor in these accidents
Holding a Party Liable for Your Accident
Has a driver failed to abide by the rules of the road and violated a safety statute, leading to an accident? You, the injured pedestrian, must be able to show the court that a law was violated and that you should have been protected under the law as a pedestrian, one of the many people that drivers must watch out for. If this violation caused your accident and injuries, you could be entitled to compensation. An example of this is when a driver has chosen to get behind the wheel of a car drunk, and it led to your accident.
If however, you were found to have contributed to your own accident, your recovery could be diminished by your degree of fault. This is why it is important to show evidence of your accident, how it occurred, and why the other party is seen as ‘liable.’
Enlisting the Help of an Attorney
In New Mexico, pedestrian accidents happen all the time, each one bringing serious injuries to an unsuspecting victim. If you have been injured, you may wonder how you will be compensated for aspects like medical bills, lost income when you aren’t able to return to work, mental anguish, and more. You should turn to an attorney as soon as possible to get the results you deserve in your case.