Our Albuquerque auto accident lawyer knows that, when we think about Halloween, we typically think of scary things like ghosts, goblins, and monsters. But what might be the scariest thing of all is a car accident on Halloween. This could be with another vehicle or pedestrians, usually children. Indeed, Halloween is a recipe for a serious car accident with children running in between cars and crossing streets, dark costumes into the evening, and Halloween parties going into the night. There are simply more people and children out and about then usual at this time of day. But not only is there more opportunity and harder factors like dark costumes and at night, but also alcohol. Many adults will go to Halloween parties the weekend before Halloween and on Halloween. Even one drink could impair a driver enough to slow reaction speed of a trick-or-treater jetting across the road. Multiple drinks could be catastrophe and result in a very serious drunk driving car accident on Halloween.
If you have been hit by a motor vehicle or involved in a drunk driving car accident on Halloween and suffered serious personal injuries, please call the Mark Caruso to learn how we can help you by dialing (505) 883-5000. Under New Mexico law, individuals with personal injuries caused by a drunk driver may be entitled to compensation for pain and suffering, medical bills, lost wages, future lost earnings, property damage, and other damages. Victims may be able to use the violation of New Mexico’s drunk driving law as a sword in prosecuting their case against the drunk driver causing the car accident on Halloween. Learn more about your case in a FREE appointment.
When a driver violates a statute that is meant to protect another person from injury, that violator may be automatically liable to the victim under the doctrine of negligence per se. This doctrine uses the violation of the statute to establish liability. The statute in question is NM Stat. 66-8-102 which provides that it is “unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.” It is further “illegal for a person who is under the influence of any drug to a degree that renders the person incapable of safety driving a vehicle to drive a vehicle in this state.”
Thus, if a drunk driver hit a pedestrian on Halloween, causes a car accident, or injuries another person while the drunk driver is operating a motor vehicle, that driver may be automatically liable for any injuries he or she causes. This is a big deal in New Mexico which is an “at fault” insurance state, meaning the insurance by the party that is “at fault” is the one that is liable. When a driver is intoxicated and involved in a motor vehicle crash, it is most likely that this driver will be at fault for the crash and at fault.
If you or a loved one have been involved in a Halloween drunk driving car accident in New Mexico, please call our experienced Albuquerque auto accident lawyer to learn what his or her rights to compensation may be. Please call the Mark Caruso for a FREE consultation to learn how we can help you today. We handle cases throughout New Mexico, including in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else. Call the Mark Caruso 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.