What Are Your Legal Rights If Hit by a Drunk Driver in New Mexico?

Drunk driving is dangerous, as it significantly increases the likelihood of causing an accident with catastrophic injuries. New Mexico has made significant progress in reducing DWI crashes, but intoxicated drivers continue to trouble New Mexico’s roadways. Accident victims sometimes want to file a civil action claim against the drunk driver who caused their accident. You may be wondering, “What are your legal rights if hit by a drunk driver in New Mexico?”

Berenson & Associates, PC, can protect your rights and recover lost wages, medical bills, and more. Sometimes, punitive damages are awarded in a DWI case. With an attorney from Berenson & Associates, PC, by your side, you can seek what you deserve as a victim of a drunk driving collision.

Proving Negligence in New Mexico

With a drunk driving wreck, you must prove fault or negligence. Your attorney can gather compelling evidence during an investigation to show three elements of negligence in your case:

1. A duty to act reasonably exists. This is typically not challenging to establish, given the inherent risks of driving a vehicle and needing to operate it safely.
2. The driver failed to act reasonably and breached their duty. In a case like this, the driver breached their duty by driving under the influence of alcohol and/or drugs. This inherently doesn’t show reasonable care by the driver for others on the roadways.
3. The driver caused your injury. Typically, you must show that their drunk driving led to the accident and that your injuries are directly related to your vehicle wreck.

While you are permitted to file a claim alone, it’s not generally recommended. An attorney can collect this important evidence and prove the drunk driver’s negligence in your accident case. Your lawyer can link your injuries to your accident and show that there aren’t any pre-existing issues, thereby meeting your burden of proof.

DWI-Related Accidents Remain Common in New Mexico

In New Mexico, alcohol-related crashes are a significant problem. Recent data suggests 37% of fatal crashes in 2022 were alcohol-related, totaling approximately 2,233 crashes. In 2023, New Mexico state courts adjudicated approximately 8,809 misdemeanor and felony DWI cases, and 68.8% of these cases ended in convictions.

Of note, New Mexico unfortunately has a higher rate of annual alcohol-involved fatal crashes when compared to the national average, with nearly 10 individuals dying per 100,000 people, compared to the national average of 6.7.

Driving while intoxicated continues to be a major problem in the Land of Enchantment, and New Mexico’s history of residents driving while intoxicated is unfortunately well-documented. With so many New Mexico accidents involving drunk driving, it’s important to speak with a knowledgeable attorney to explore your rights after such an incident.

Reasons to Contact an Attorney

An attorney can build a compelling injury accident case if you’ve been a victim of a DWI-related accident. They can comprehensively represent your interests and argue to make sure you get the compensation you need.

They can conduct a thorough investigation of the drunk-driving wreck and make sure liability remains with the at-fault impaired driver. An attorney can challenge any arguments that you are partially at-fault and zealously represent your interests – either through negotiations or in-court proceedings. In short, they can help you seek justice after a drunk-driving accident. Contact an experienced drunk-driving accident attorney to discuss your specific situation.

FAQs

Q: Could New Mexico’s Comparative Negligence Limit My Damages?

A: There isn’t a limit on damages for a New Mexico drunk driving accident, but your damages could be reduced by the state’s pure comparative negligence law.

Comparative negligence allows a defendant in a civil liability case to argue that the plaintiff is partially at fault for the accident. Then, the burden of proof switches to the defendant to show how the plaintiff was negligent. If successful, a plaintiff’s damages award is reduced proportionately based on their share of blame.

Q: What’s the Deadline to File a Claim as a Victim of a Drunk Driving Accident?

A: In New Mexico, the deadline to file your claim as a victim of an accident involving drunk driving is three years from the date of your accident. There are exceptions to this rule, depending upon your case’s specifics. Statutes of limitation exist to prevent people from waiting indefinitely to file their accident claims.

An attorney can explain the statute of limitations for your case. You can effectively protect your legal options by consulting an accident attorney right away.

Q: Should I Hire a Lawyer If I Was Hit by a Drunk Driver in NM?

A: If you were hit by a drunk driver in New Mexico, you may be entitled to compensation for your damages. An attorney can:

• Explain the entire legal process.
• Discuss your likelihood of success with a legal claim.
• Make sure your rights are protected.
• Maximize your recovery.

An attorney can schedule an initial consultation to discuss your case. This can provide you with a chance to ask questions so you can decide if you’d like to move forward.

Q: How Can I Report a Drunk Driver in New Mexico?

A: To report a New Mexico drunk driver, you can call the Drunk Busters Hotline or dial #DWI or #394 on your cell phone. You’ll usually be asked to provide background information, facts about the vehicle, and the details of the activity you’ve observed.

Before calling, pull off the roadway to safely use your phone, use a hands-free car device, or ask your passenger to call. Also, you can always call 911 for an emergency situation.

Berenson & Associates, PC – Lawyers Protecting the Rights of Drunk Driving Accident Victims

Berenson & Associates, PC, can protect your rights as the victim of an accident involving drunk driving. Lawyers at our office routinely help clients with personal injury cases and can provide reliable legal representation.

We’re happy to talk about your legal rights at any time. Our law office is just a few miles from I-40 and I-25, just along historic Route 66 in Downtown Albuquerque. We have plenty of parking options for our valued clients.

Contact us today for an initial client consultation.