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Albuquerque Pedestrian Accident Lawyer

Pedestrian accidents occur when a pedestrian is struck by a car, truck, or other vehicle. Unfortunately, these types of accidents are all too common and can have devastating consequences for those involved. While it is important to understand what causes these types of accidents and how to avoid them, it is equally important to know how you can be compensated if you’ve been injured in a pedestrian accident. Contact our lawyers for more information and a free consultation.

What an Albuquerque Pedestrian Accident Lawyer Can Do For You

An Albuquerque pedestrian accident lawyer can bring a wealth of knowledge and resources to assist you in seeking compensation for your injuries. First, they will conduct a thorough investigation into the incident, gathering evidence such as witness statements, accident reports, and surveillance footage to establish liability. After identifying the party at fault they will assess the full extent of your injuries and losses then begin negotiations with their insurance company. Your Albuquerque personal injury attorney will handle all communication with the insurer on your behalf, protecting you from tactics they may use to deny or devalue your claim. If an amicable resolution is not possible, they will aggressively advocate for you in court to ensure you recover the compensation you deserve. 

Time Limits to File a Pedestrian Accident Claim

The statute of limitations for pedestrian accident cases in New Mexico is three years. This means that you generally have three years from the date of the accident to file a lawsuit seeking compensation for your injuries. Therefore, if you are considering pursuing a pedestrian accident case, it is crucial to act promptly to ensure that you meet the deadline, or your right to compensation may be lost. However, that does not mean you must settle your claim within the same time. 

Proving Liability in Pedestrian Accident Cases

Proving liability in pedestrian accident cases involves establishing that the party at fault, typically the driver of a vehicle, acted negligently or recklessly, leading to your injuries. Here are key elements in proving liability:

  • Duty of Care: Establish that the driver owed a duty of care to the pedestrian. In most cases, drivers have a legal obligation to exercise reasonable care to avoid causing harm to pedestrians.
  • Breach of Duty: Demonstrate that the driver breached their duty of care. This could include actions such as speeding, distracted driving, failure to yield, running a red light, or violating traffic laws.
  • Causation: Establish a direct link between the driver’s breach of duty and your injuries. It must be demonstrated that the driver’s actions were the proximate cause of the accident and resulting harm.
  • Damages: To hold the driver responsible for your losses, you must prove you suffered damages, such as medical expenses, lost income, and pain and suffering. 

Holding a party liable requires a thorough investigation and a compelling presentation of evidence. This may include accident reports, witness statements, photographs of the accident scene, traffic camera footage, any available surveillance footage, and medical records. In complex cases, your attorney may hire accident reconstruction experts to recreate the sequence of events and provide a scientific analysis of how the accident occurred and who was at fault.

How New Mexico Compensates Pedestrian Accident Victims  

If you have been injured in a pedestrian accident caused by someone else’s negligence, you may be entitled to the following types of damages: 

Medical Expenses

The most likely form of compensation after a pedestrian accident is reimbursement for medical bills. This includes both immediate medical expenses such as ambulance rides, emergency room visits, hospital stays, and physical therapy sessions as well as any future costs associated with the care needed to treat existing or ongoing injuries.

Lost Wages and Earning Capacity

If you cannot work due to your injuries from a pedestrian accident, you may be eligible for damages related to lost wages and earning capacity. Earning capacity refers to your ability to make money in the future if your career has been permanently affected by an injury sustained in the accident.

Pain and Suffering Damages

Pain and suffering are generally calculated based on factors like the intensity of personal injury, recovery time needed before returning to normal activities, emotional distress caused by disfigurement or another permanent injury, and any other emotional injuries resulting from the incident. 

Common Causes of Albuquerque Pedestrian Accidents

Pedestrian accidents can be caused by a number of factors, including careless driving by motorists and unsafe environments. Some of the most common causes include the following:


Speeding is one of the leading causes of pedestrian crashes and fatalities. Drivers who speed have less time to react to hazards, increasing the risk of getting into a car accident and hitting someone on the road.

Failure to Yield Right-of-Way 

Motorists often fail to yield the right-of-way when turning at intersections or when entering crosswalks. This increases the risk that pedestrians will be hit by cars and suffer serious injuries.

Distracted Driving 

Distracted driving is another major cause of pedestrian accidents. When drivers look away from the road for even a few seconds, they are more likely to miss pedestrians in their path and cause an accident.

Inadequate Lighting 

Poor lighting on roads makes it difficult for drivers to see pedestrians crossing at night, increasing their risk of being hit by cars. 

Dangerous Road Design 

Roads that are poorly designed can create dangerous conditions for pedestrians. For example, narrow sidewalks or lack of crosswalks can put pedestrians at greater risk when crossing busy roads.

What to Do After an Albuquerque Pedestrian Accident

If you’re involved in a pedestrian accident, there are several steps you should take immediately following the incident:   

  • Seek medical attention – It is important that you seek medical attention as soon as possible after an accident to ensure your safety and avoid any potential complications from your injuries down the line. 
  • Report the accident – You should report the accident to local law enforcement so that they can investigate and document it properly. Albuquerque also allows you to request a copy of your accident report for personal record keeping.
  • Gather evidence – If it is safe to do so, try to collect evidence from the scene, such as photos, videos, and witness contact information. This could be beneficial in insurance claims or legal proceedings related to your injury claim down the line.
  • Hire an attorney – Finally, consider consulting with an experienced Albuquerque pedestrian accident attorney who can help you navigate through this difficult situation. 

Common Pedestrian Accident Injuries

Pedestrian accidents can result in a range of injuries due to the vulnerability of pedestrians when involved in collisions with vehicles, including:

  • Fractures and Broken Bones: The impact of a vehicle can cause fractures and breaks in the bones of the legs, arms, hips, and other areas of the body.
  • Head Injuries: Head injuries, including concussions and traumatic brain injuries (TBIs), may occur when a pedestrian’s head makes contact with the vehicle or the ground.
  • Spinal Cord Injuries: Severe accidents can lead to spinal cord injuries, potentially causing paralysis or long-term impairment.
  • Internal Injuries: Blunt force trauma can cause internal injuries to organs, leading to serious and possibly life-threatening complications.

Unfortunately, some pedestrian accidents result in fatalities, especially in high-speed collisions or those involving larger vehicles. In these cases, the family has the right to pursue a wrongful death claim to hold the at-adult party responsible for funeral expenses, lost expected income, loss of companionship, and more.

Why You Should Hire Davis Kelin Law Firm For Your Albuquerque Pedestrian Accident Claim

At Davis Kelin Law Firm, we understand that when it comes to navigating complex legal matters, you want only the most experienced team of pedestrian accident lawyers in your corner. Here’s why you should choose to work with our Albuquerque accident attorneys:

  • With almost 2 decades of collective experience, our Albuquerque legal team is well-versed in every aspect of the field and will work tirelessly on your behalf. 
  • Because we prioritize affordability and accessibility to justice, you’ll never have to worry about upfront payment.
  • Our successful team of trial lawyers brings with them over 50 years of combined experience. At our firm, you’ll have the comfort of knowing that your case is backed by a dedicated team with a long track record of success.

Contact us to schedule a free consultation with our pedestrian accident attorneys.

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