T-Bone Accidents in Albuquerque: Determining Fault in Side-Impact Intersection Collisions

An intersecting path accident, often known as a T-bone accident, can be a stressful experience, especially when liability is disputed. T-bone accidents in Albuquerque can be complicated, and it’s important to understand your rights if you’ve been in an accident. It’s also useful to know their common causes, how fault is determined, and some preliminary steps to take if you’ve been in a side-impact accident.

Some Common Causes of T-Bone Accidents in Albuquerque

T-bone accidents happen when one vehicle crashes into either side of another vehicle, which often happens at an intersection. These accidents can occur because of a variety of reasons, including:

• Distracted driving
• Speeding
• Driving under the influence of drugs and/or alcohol

If you’ve been a victim of a recent T-bone accident, get medical attention right away. A side-impact collision in Albuquerque can result in severe injuries, like:

• Internal bleeding
• Broken bones
• Lacerations
• Traumatic brain injuries
• Burns

This list is not exhaustive. If you have been in an accident, you may want to pursue justice and compensation for your injuries. An important first step is determining legal responsibility, or who caused the accident. This party is responsible for your property damages and injury recovery.

Determining Fault for T-Bone Accidents in Albuquerque, NM

In Albuquerque, fault for a T-bone accident is usually determined by figuring out which driver failed to yield the right-of-way. Side-impact collisions usually involve a driver who has violated traffic laws or acted negligently under New Mexico’s laws. The negligent driver is typically responsible for causing the accident, but the other driver can be assigned a portion of the fault if they also acted negligently.

An experienced Albuquerque personal injury lawyer can use their comprehensive understanding of Albuquerque traffic laws to pursue a claim on your behalf. They can collect evidence to build a compelling case and establish the fault of the party that caused your accident.

T-Bone Crashes in New Mexico

The New Mexico Department of Transportation published a New Mexico Traffic Crash Annual Report in 2023. The report’s data shows that there were 4,219 total T-bone injury crashes statewide in 2023, which totaled 40.6% of all total injury crashes in the state. Of these intersecting path crashes, 104 crashes were fatal. 5,033 crashes were considered property damage-only crashes as well.

The total amount of T-bone crashes across New Mexico was 9,356, or 29.3% of all accidents. This data suggests a high proportion of local accident victims may be involved in a T-bone accident. Consequently, it’s important to know what to do if you’ve been in a side-impact accident.

Steps to Take If You’ve Been Involved in a T-Bone Accident

If you’ve been a victim of a side-impact collision, you should get immediate medical attention. You can find a healthcare provider online, go to an emergency room, or visit your primary care physician.

At the scene, try to collect documentation of what may have caused the accident. Also, take photos of the accident scene, get witness statements, and document any unusual conditions, like weather, icy roads, etc. This information can often bolster your case, and your attorney can often use your collected evidence to prove fault for a side-collision accident.

After side-impact collisions, an experienced attorney can provide substantial legal assistance and protect your rights.

Consult an Attorney

T-bone accidents can be complicated, and an attorney can explain your legal options so you can make an informed decision about how to proceed. They can guide you throughout the entire claim process and negotiate on your behalf with insurance companies. An attorney can zealously advocate for the compensation you need for your property damage and injuries.

FAQs

Q: Who Determines Fault for a T-Bone Accident in Albuquerque?

A: In Albuquerque, a preliminary fault determination is often made by an insurance company after reviewing available evidence. The driver who failed to yield and violated New Mexico traffic laws is typically found at fault. If you proceed with a legal claim, a judge or jury may hear your case at the Bernalillo County Metropolitan Court. Your attorney can demonstrate that the other driver owed you a duty of reasonable care, breached their duty, and the breach directly resulted in your accident.

Q: How Does an Insurance Company Decide Who Is At-Fault?

A: A New Mexico insurance company determines fault by examining the details of an accident. An insurance adjuster familiar with these accidents will review accident information, like photos, and other evidence of damage, like repair estimates and the accident report. They take into account witness statements and compare them to any available eyewitness statements. An adjuster is typically familiar with local traffic accident laws and can determine which party is at fault.

Q: What Happens If an Insurance Company Can’t Decide Who’s at Fault?

A: It can sometimes be hard for insurance adjusters to decide which party is at fault. If that happens, especially if there weren’t any third-party unbiased witnesses, some insurance adjusters decide to split the costs evenly between the two drivers.

If an insurance company adjuster can’t definitively determine fault for an Albuquerque accident, costs can be split based on each party’s proportion of fault, which allows for recovery, even if you’re considered partially at fault.

Q: Is New Mexico a No-Fault State?

A: New Mexico uses a pure fault-based legal system for personal injury claims. It is known as a pure comparative negligence state, which means you can seek recovery for your injuries under New Mexico negligence laws, even if it’s determined you may have partially caused or contributed to your injuries.

In court, you can still recover your damages, but your recovery amount is reduced based on the percentage of assigned fault.

Schedule an Initial Consultation With Berenson & Associates, PC – Experienced T-Bone Accident Attorneys

If you or a loved one has been involved in a recent T-bone accident in Albuquerque, the attorneys at Berenson & Associates, PC, can represent you. We understand the toll that a side-impact collision can have, and we can make sure you get the full and fair financial recovery you need.

Contact the team at Berenson & Associates, PC, today to schedule an initial consultation.