You may have seen crumpled or smoldering vehicles along the shoulders of I-25, I-40, or I-10. Many people find themselves in a car crash at some point. A common cause of car accidents is speeding. If you were hurt as a result of another driver's speeding on a highway or another road, you may be wondering how you will pay your medical bills or take time off from work. Albuquerque car accident lawyer Matthew Vance can help you pursue compensation for a speeding accident. He is a trial attorney with experience going through both bench trials and jury trials, and he has been chosen by members of both the plaintiff's and the defense bars to arbitrate cases. Matthew Vance has handled many cases that have been valued in the millions.Taking Legal Action After a Speeding Accident
A speeding accident can involve a high-force collision. The outcome may be devastating and involve catastrophic injuries to more than one person, or even death. You should call an ambulance immediately to provide reasonable assistance to anybody who was injured, including yourself. If it is possible that your back or neck was injured, you should not move. It is important not to volunteer information to the other driver. You should not apologize for the crash or take responsibility for it. It is important to call the police to the scene. Sometimes the police are able to obtain an admission of speeding from the other driver or get information from witnesses who noticed speeding.
New Mexico has absolute speed limits, which means that even if you are just one mile over the speed limit, you have broken the law. Generally, the absolute speed limit is 75 mph on the highway. It is 35 mph in a residential or business district. It is 15 mph in a posted school zone. Additionally, all drivers are supposed to use due care and control their speed in order to avoid crashing into any person or vehicle that is on or entering the highway. People who violate speed laws for the first time can face significant fines, depending on how many miles over the speed limit they were traveling. A driver can be convicted of reckless driving for traveling in a way that endangers people or property.
In most cases, your attorney will need to prove that the defendant owed you a duty of reasonable care, the defendant breached the duty of reasonable care, the breach caused your injuries, and you sustained actual damages. In most cases, speeding is a breach of the duty to use reasonable care while operating a vehicle. It can result in a rear-end collision or a T-bone collision. Sometimes it is possible to establish negligence per se by showing that a statute prescribes specific actions or defines the standard of conduct, the defendant violated the statute, the plaintiff was in the class of people to be protected by the statute, and the injuries to the plaintiff were of the sort that the statute was meant to prevent.
If a loved one is killed in a speeding accident, you may be able to sue for wrongful death as a family member. A wrongful death lawsuit asks for compensation for survivors. It may ask for the decedent's lost income, as well as loss of companionship and funeral and burial expenses.
Often, defendants raise the defense of comparative negligence. This means that the jury will examine the evidence and arguments and assign both you and the defendant or defendants a percentage of fault. Your damages will be reduced proportionate to your relative fault. New Mexico applies a theory of pure comparative negligence, which means that even if your injuries are determined to be more than 50% your fault, you would still be able to recover compensation for the remaining percentage that was not.
The damages that you may be able to recover depend on the nature and extent of your injuries. Damages are usually compensatory, meaning that they are meant to put you back in the situation in which you would have been had the accident not occurred. You can recover compensation for both economic and noneconomic losses. Generally, economic losses are tangible, documented losses, such as wage loss, medical bills, caretaking expenses, and replacement household services. Noneconomic losses may include such items of loss as pain and suffering and loss of enjoyment of life.Seek Guidance from a Dedicated Albuquerque Attorney
The Law Office of Matthew Vance is a New Mexico law firm. Mr. Vance was born and raised in New Mexico. He is deeply invested in what happens in this state. Having worked as an insurance defense lawyer for three years, he gained insight into how insurers and defense attorneys operate. If you were injured in a speeding accident, you should consult the Law Office of Matthew Vance. Our firm represents victims in cities such as Albuquerque, Santa Fe, Las Vegas, Los Alamos, Taos, Raton, Gallup, Grants, Belen, Rio Rancho, Los Lunas, Socorro, Truth of Consequences, Deming, Silver City, Alamogordo, Clovis, Hobbs, Espanola, Roswell, Carlsbad, Santa Rosa, Tucumcari, Farmington, and Bloomfield. Call Matthew Vance at (505) 242-6267 or complete our online form.