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  • Can a Passenger Sue a Driver in New Mexico? Albuquerque Auto Accident Lawyer

    by Caruso Law Offices, P.C. | 2020-08-24 | Car Accidents

  • Understanding Passenger Rights from our Albuquerque Auto Accident Lawyer: Can a Passenger Sue a Driver in New Mexico?

    No one plans to be injured in a motor vehicle accident, especially in a single vehicle accident.  But this often does happen.  Passengers may be seriously injured or even wrongfully killed when a driver engages in reckless driving or is outright negligent.  Passengers or their families may be left wondering what rights they have, especially if a passenger is seriously injured.  Many times a driver may even be a close friend or family member, adding an emotional element to this case—especially because when it is a parent there usually is a child who is harmed. Because of this, a common question that our Albuquerque auto accident lawyer receives is can a passenger sue a driver in New Mexico?

    Yes, generally a passenger can sue a driver in New Mexico.  However, that is not always so simple and cut and drive.  Many times a passenger and driver have unique issues in a case that could be hotly contested.  Not necessarily by the two people, but by their insurance companies.  Thus, even if the driver and passenger agree on what happened, an insurance company may still create an issue where none was apparent.  Sometimes this is done in good faith to make sure the claim is valid, but often times an insurance company is just trying to save money and cut corners on expenses.  Here at the Caruso Law Offices, P.C., our experienced Albuquerque auto accident lawyers do not think that is the right way of handling claims.  We will not let insurance companies sneak out of liability just because they are trying to cut corners.  Individuals pay premiums for insurance coverage, and they deserve to get compensated when they have a valid claim.

    What are Examples of Passenger Claims Against a Driver?

    There are several instances when a passenger may have a claim against a driver.  All have unique liability issues that needs to be reviewed on a case-by-case basis.  In fact, some issues involving ride-sharing may be even more complicated.  Some of the most common examples of when a passenger may have a claim against a driver include the following:

    • Child hurt by parent in crash
    • Spouse hurt by other spouse in car accident
    • Truck driver sleeping in cabin hurt by another truck driver driving the shift
    • Passenger hurt in cab
    • Passenger hurt in ride-sharing
    • Friend hurt in car of another friend
    • Business co-workers hurt in an accident
    • Parent hurt by an adult-child’s driving, and
    • Many other claims.

    Can a Passenger Sue a Driver?

    Yes, in most instances a passenger can sue a driver directly.  There are, of course, exceptions. This includes in some taxi and ride-sharing apps which require the passenger to go through mandatory arbitration first.  Other times there is a workplace relationship which requires an injured passenger to pursue workers’ compensation rather than a lawsuit.  Sometimes there are hurdles when a family member is hurt by another family member in a motor vehicle accident, especially if a child is hurt or if a victim suffers debilitating personal injuries and needs a guardian.

    Ask our Albuquerque Auto Accident Lawyers for Help As a Passenger

    Not only do passengers have rights against drivers, but in some instances passengers have more rights against a driver than a driver would have against another driver.  This is because passenger almost always have no comparative fault in a motor vehicle accident, meaning that they position is usually strongest.  Learn how the Caruso Law Offices, P.C. can help victims and their families who suffer serious personal injuries after a motor vehicle accident in New Mexico. Call us for a FREE consultation to learn how we can help you today.

    We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the Caruso Law Offices, P.C. by dialing (505) 883-5000 to learn how we can help.  You can also contact us on our website through the easy to use and convenient. Contact box located by clicking here.