Albuquerque, NM-Drunk drivers kill 30 people a day in the U.S and injure over 10,000 people, according to the CDC. For the most part, drunken drivers injure innocent people who in the wrong place at the wrong time, but a recent accident in Albuquerque didn’t involve two innocent motorists, it involved two motorists who were drunk.
The Albuquerque Journal reports that both cars collided Sunday night, leaving one of the parties suffering serious injuries. Upon arrival to the scene, police found that both drivers appeared to be intoxicated. Police are waiting for the results of chemical tests before the drivers are charged.
Few details about the accident have been made available and authorities have not said what caused the accident. Nor have they identified the parties involved, according to the Albuquerque Journal.
But this accident does bring up an important issue, one that many accident victims encounter. In this case both parties were intoxicated which raises the issue of responsibility and who is financially responsible for and injuries or deaths that result from a collision. When both parties involved in an accident are impaired or acting recklessly in other ways, the victims will have numerous questions such as: Who is eligible for compensation? Can I seek compensation from the other driver? Will my settlement amount be reduced if I was partly at fault?
All states have personal injury laws that deal with such situations. In New Mexico, it’s called comparative negligence, and it allows accident victims recoup compensation even if they are partly responsible. Take this accident, for instance, if only one of the drivers was drunk, they would likely shoulder all or most of the blame and be responsible for fully compensating all the victims. But since both drivers were allegedly intoxicated, they both must take blame, so investigators must determine exactly what caused the accident and who must take on the large proportion of responsibility.
Simply put, comparative negligence reduces the amount of compensation an accident victim receives according to their level of responsibility in an accident. Say for instance, an accident victim is found to be 15 percent responsible for an accident, any resulting settlement they receive would be reduced by that amount. So, they would receive 85 percent of the awarded damages as opposed to 100 percent.
If you believe comparative negligence is a factor in your case, you need to speak with a car accident attorney in Albuquerque to assist you with your claim. They will do what they can to ensure you get a just settlement for your injuries.
Even if the cause and fault in your accident is pretty straight forward and there are no issues of comparative negligence, you will benefit from having an attorney well-versed in New Mexico’s personal injury laws to work in your claim. Your legal counsel will begin working on your personal injury or wrongful death claim right away so you have greater chance of getting generous compensation for your injuries and emotional distress.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published.