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  • Car Accident in Albuquerque: NM Auto Accident Lawyer Explains Common Issues

    by Caruso Law Offices, P.C. | 2020-08-12 | Car Accidents

  • Understanding What to Do Next After a Car Accident in Albuquerque: OUR NM Auto Accident Lawyer Explains

    No one plans to be in an auto accident, but one can have a plan just in case they are involved in one.  This plan is important to protect your rights to compensation under New Mexico law.  This is because some types of motor vehicle accidents can result in serious personal injuries such as traumatic brain injuries (TBIs), spinal cord injuries (SCIs), and other types of life-changing or even life-threatening conditions.  Victims in a car accident in Albuquerque need to immediately begin to protect their rights as soon as an accident occurs, even right at the scene of a crash.

    Our NM auto accident lawyer at the Caruso Law Offices, P.C. knows just how important this is for victims and their families.  When innocent people are injured in a car accident in Albuquerque, victims need to have their rights to pain and suffering, medical bills, lost wages, lost future earnings, and other types of compensation well-protected.  This includes hiring counsel for a car accident in Albuquerque that can really fight back against some of the largest insurance companies in the United States, including those who try to protect dangerous drivers.  If you or a loved one were seriously injured in an auto accident in New Mexico, ask our NM auto accident lawyer for a FREE consultation.

    Proving a NM Auto Accident Claim

    In order to prove an auto accident claim, a victim will need to establish that the defendant driver:

    1. had a duty
    2. breached that duty
    3. the breach of that duty caused 
    4. damages to a victim.

    To meet these elements, sometimes a lawyer will need to hire an expert to reconstruct what happened during the accident or to review the area of roadway.  Generally, all motorists have a duty to exercise reasonable care in the use or operation of a motor vehicle.  Therefore, if a defendant fails to do that, liability could be establish under the first two elements.

    The third element is causation which is usually hotly contested.  This is where the breach of the duty must have caused the damages or the motor vehicle accident.  This is what an experienced NM auto accident lawyer is needed for, including to look for statutory violations or unreasonable conduct which was a direct, but for consequence for the accident.

    What is the Burden of Proof in an Auto Accident Case?

    In order to prove win a case involving a car accident in Albuquerque, a victim must persuade the court or jury that his or her cause of action is the correct one.  This is known as the burden of proof.  Most people know the burden of proof as beyond a reasonable doubt.  But this standard, which is 98-100% convincing, is only very rare and limited issues in civil cases and almost always for criminal matters.

    Rather, a victim of a car accident in Albuquerque must establishing that he or she is correct by a preponderance of the evidence.  This is a mere 51% of convincing.  This is a lower burden for victims to have to prove which helps them recover compensation after a NM auto accident.

    Ask Our NM Auto Accident Lawyer for Help

    Here at the Caruso Law Offices, P.C., our experienced NM auto accident lawyer offers FREE consultations and accepts cases on a contingency fee agreement.  This means that there is no upfront cost to hiring our lawyer and we only get paid a percentage of what we recover for you in a settlement or court award.  Learn how we can help you with a car accident in Albuquerque case by calling (505) 883-5000 for a FREE consultation.

    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.