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  • New Mexico Pedestrian Hit by a Car in a Crosswalk: Liability and Damages Explained

    by Caruso Law Offices, P.C. | 2020-06-05 | Car Accidents , Injuries , Serious Injuries And Wrongful Death

  • Understanding New Mexico Law: Pedestrian Hit by a Car in a Crosswalk

     A pedestrian who is hit by a car could suffered catastrophic personal injuries or wrongful death.  This is because a pedestrian hit by a car does not have any safety devices such as a helmet, seatbelt, airbag, side curtains, or even just the steel shell of a motor vehicle.  This means that individuals who are seriously hurt in a pedestrian knockdown could face a prolonged recovery.  There are many laws meant to protect pedestrians from this fate, however far too many motorists still cause serious or deadly collisions with a pedestrian.  One type of law that is the crosswalk law which afford great protections to a pedestrians.  Thus, when a New Mexico pedestrian hit by a car in a crosswalk suffers serious personal injuries, it could almost mean serious liability for the defendant-motorist.

    Here at the Caruso Law Offices, P.C., our experienced Albuquerque auto accident lawyers know just how dangerous and deadly a pedestrian knockdown accident could be.  We have handled some of the most devastating injuries caused by a pedestrian accident.  Our practice is dedicated to protecting victims and the families who have been catastrophically injured, including recovering compensation for pain and suffering, medical bills, lost wages, lost future earnings, loss of consortium, property damage, and other serious injuries.  If you or a loved one were seriously injured as a New Mexico pedestrian hit by a car in crosswalk, call our law firm for a FREE consultation.

    New Mexico Crosswalk Law

    Even as a young child, we are taught to go to the safety of a crosswalk.  In driver’s education class, we are also taught how sacred a crosswalk is and to always yield to pedestrians in it.  Not only was it courteous and a safety thing, but it is also the law.

    This is because New Mexico Stat. section 66-7-334 provides under (A) that “[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 either another vehicle, pedestrian, or bicyclist has the right of way, a motorist must yield it.  This means a pedestrian in a crosswalk must get the right of way each time or else it would be a violation of this statute.

    Liability for Violation of New Mexico Crosswalk Law

    When a motorist fails to yield and causes a serious collision with a pedestrian in a crosswalk who had the right of way, a motorist could be at fault.  This means that a motorist could be liable for the motor vehicle accident and the injuries.  Not only is this through the common law or “judge-made” law, but it is also statutory law.  Thus, the doctrine of negligence per se applies.

    Under New Mexico law, the doctrine of negligence per se means that a defendant who violates a statute and causes a harm that is protected by the statute and to a person protected by the statute, will be automatically liable.  This means that a victim and their Albuquerque auto accident lawyers only need to establish that the violation of the statute occurred, the victim was a protected person by the statute, and the harm was a protected harm.  Then the victim just needs to establish damages and costs.  

    A pedestrian who is in a crosswalk and is hit by a car is very likely to be a protected person, with a protected harm, due to the violation of a statute.  This means that victims may be entitled to compensation for their losses because the car driver or truck driver will likely be liable.

    Ask Our Albuquerque Auto Accident Lawyer for Help If You Are a New Mexico Pedestrian Hit by a Car in a Crosswalk

    Victims who have suffered a serious personal injury after being a New Mexico hit by a car in a crosswalk may be entitled to compensation for traumatic brain injuries, spinal cord injuries, amputations, broken bones, and any other injuries caused by the auto accident.  Call the Caruso Law Offices, P.C., to learn more how we can help you and your family by dialing (505) 883-5000 for a FREE appointment.

    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.