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  • Pedestrians Hit by a Car After a Failure to Yield

    by Caruso Law Offices, P.C. | 2020-09-28 | Car Accidents

  • Albuquerque Lawyer Explains Law and Damages for Pedestrians Hit by a Car After A Failure to Yield 

    A pedestrian is exposed to the full extent of damages in a collision with a motor vehicle.  This is because a pedestrian has no safety equipment such as a helmet, seatbelt, or even just the outer shell of a vehicle.  Rather, a pedestrian who is hit by a vehicle is subjected to the full force of the vehicle.  This means that a pedestrian is likely to suffer significant personal injuries including head injuries and spinal cord injuries.  One of the most common causes of a pedestrians hit by a car are a failure to yield, not just in the crosswalk but also at other parts of the roadway.  Our Albuquerque lawyer at the Caruso Law Offices, P.C. explains the rights and remedies of pedestrians hit by a car after a failure to yield. 

    Injuries from Being Hit by a Car

    The injuries from being hit by a car are usually immense.  There are two main causes of injury.  One is the impact and the other is bring through to the ground.  The most common types of injures after ebbing hit by a car usually require surgery and can be permanent.  Other times the injuries may result in a prolonged recover or require additional treatment or intervention such as physical therapy.

    Some of the most common injuries after a New Mexico auto accident where a pedestrian is hit by a car includes the following:

    • Traumatic brain injury (TBI)
    • Spinal cord injuries (SCI)
    • Broken bones
    • Amputations
    • Concussions
    • Brain bleeds
    • Paraplegia
    • Quadriplegia 
    • Nerve injuries including brachial plexus injuries
    • Significant disfigurement
    • Dislocated joints especially the knee or shoulder
    • Separated joints like the shoulder or hip
    • Compound fractures
    • Compression fractures
    • Damage to eyesight or hearing
    • Wrongful death
    • Back injuries including disc herniations, slipped discs, and other types of disc damage, and
    • Other serious injuries after being hit by a car in Albuquerque, New Mexico that our lawyer may be able to help you with.

    Liability Explained for Pedestrians Hit by a Car After a Failure to Yield 

    The failure to yield by a motorist is important under multiple parts of New Mexico law.  Generally, a motorist must comply with NM Stat. section 66-7-330 which provides that “[t]he driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right-of-way.”

    While section 66-7-330 references motor vehicles, it would include bicyclists who are biking or walking their bicycle across the street.  

    More specifically to pedestrians, New Mexico stat. section 66-7-334 (A) provides “[w]hen traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is in the crosswalk.”  When traffic control devices are in operation, all parties most comply with the signals on that device.

    Ask Our Pedestrian Knockdown Lawyer for Help

    If you or a loved one suffered any type of pedestrian injury in New Mexico, seek our legal services at the Caruso Law Offices, P.C. to learn how we can help recover compensation that you need for medical bills and lost wages.  Learn how we can help you in a FREE consultation by dialing (505) 883-5000.

    We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico.  Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.