Understanding Your Rights After a Stop Sign Auto Accident in New Mexico
Even little kids know that a red hexagon means stop. Unfortunately, far too many adults still drive through these signs. Either because they do not see them, are not paying attention, or simply do not care. Running a stop sign could result in serious personal injuries including the wrongful death of an innocent person. Like all other states, running a stop sign in New Mexico is illegal. Under NM Stat. 66-7-330, “every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop . . . and after having stopped shall yield to the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard . . . .” When a stop sign auto accident in New Mexico happens, this statute could be violated.
The failure to stop at a stop sign could result in catastrophic personal injury. A victim who is injured by a motorist running a stop sign may be entitled to use the doctrine of negligence per se to prove liability against a defendant. This doctrine requires a victim to prove the following elements:
- a statute was violated
- the statute was meant to protect the victim from a certain class of harm/type of harm that was caused to the victim
- the statute was meant to a class of persons from the harm that was caused, who the victim was within such class, and
- other sometimes relevant inquiries.
Each of these elements must be proven and then liability could be automatically established against a defendant. There are, however, other elements that could be important to prove. These element may occur from time-to-time and must be assessed on a case-by-case basis. One common element is that complying with the statute would not make it more dangerous than not, which is not always applicable. Other times the comparative fault of the defendant could be important to review.
Damages from Stop Sign Accidents
Victims who are injured in a stop sign accident could sustain damages, also known as injuries or property damage. A victim and his or her family may be entitled to recover damages that were proximately caused by a stop sign accident in New Mexico. Damages are generally whatever flows from the harm caused by the defendant. The most common damages in a stop sign auto accident in New Mexico include the following:
- Pain and suffering
- Lost wages
- Lost future earnings
- Medical bills
- Property damage
- Loss of consortium
- Wrongful death/funeral and burial expenses, and
- Other damages related to the auto accident.
Injured in a Stop Sign Auto Accident in New Mexico? We Can Help
Victims who have been seriously injured in a stop sign auto accident in New Mexico should ask our experienced Albuquerque auto accident lawyers at the Caruso Law Offices, P.C. for a FREE consultation to learn what your rights to compensation may be under the law. 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) 308-0427 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.