Car accidents remain a serious problem in the United States, particularly in New Mexico and Texas. According to data provided by the Insurance Institute for Highway Safety (IIHS), both states have traffic fatalities rates are that well above the national average. Thousands suffer devastating injuries, or worse, in car crashes every year.
All auto accident victims deserve fair compensation for their losses. Yet, sadly, the big insurance companies often make the claims process incredibly challenging, consistently undervaluing claims and sometimes even refusing to pay valid claims at all.
At Flores, Tawney & Acosta P.C., our experienced automobile collision attorneys fight hard for injured victims in Southern New Mexico and West Texas. If you or a loved one was injured in a crash, we are standing by, ready to protect your legal rights and financial interests.
Every day in New Mexico:
Car accident injuries continue to be a public health issue in South Mexico, most notably in Las Cruces. Below, you can see that Las Cruces has the highest crash per resident rate of our several office locations.
Car Accident Liability
Under New Mexico law, car accident liability must be established by proving negligence. Most often, the negligent party in an auto accident is a driver. Indeed, according to research conducted by the National Highway Traffic Safety Administration (NHTSA), human error (driver error) may be to blame for as many as 19 out of every 20 car accidents. In other cases, another party, such as a manufacturer, might bear the accident liability.
We Can Help You Hold the Negligent Party Liable
To hold another party liable for your injuries, your attorney will need to be able to prove that they were at fault for your accident. Legally speaking, fault must be established in accordance with the standards set forth in the state where your accident occurred. There are two important things that victims must know about this type of legal standard:
- Liability is based on negligence: Negligence is defined as the failure to exercise reasonable care in a particular situation. Put another way, to prove negligence your personal injury lawyer must be able to prove that the defendant’s action (or inactions) were unsafe, and that the defendant’s misconduct contributed to your injuries.
- Liability is divided proportionally: In some cases, the apportionment of liability will be straightforward. For instance, if a trucking company is found to be 100 percent responsible for your crash, then that company will be held liable for 100 percent of the damages. However, other cases are more complex. When two or more parties share responsibility for an accident, the liability will be split in direct proportion to their amount of fault. If a defendant is found to be 70 percent at fault for your accident, then they will be liable for 70 percent of the total accident damages.
Car Accident FAQ
If you’ve been in a car accident in New Mexico, you likely have dozens of questions about what happens next. At the law offices of Flores, Tawney & Acosta, P.C., we want you to know that our lawyers are here for you. Here are some answers to some frequently asked questions we hear from those who have recently been in a car accident–
1. Do I Have a Car Accident Case?
Recovering compensation for the injuries and losses that you have suffered as a result of your car accident is surely a top priority. If you’re wondering whether or not you have a car accident case, two things that you should consider are:
- Did the car accident you were in lead to injuries?
- Was the other driver at fault for your accident?
If the answer to both of these questions is yes, then yes – you have a car accident case! You can file a car accident suit when your injuries would not have occurred but for the negligence of another party. The at-fault party’s insurance is typically responsible for paying damages to the not-at-fault party.
2. What’s My Case Worth?
Before you go through the trouble of filing a car accident claim or pursuing a lawsuit, knowing how much you may be able to recover is a comfort. While claim values vary on a case-by-case basis, our lawyers are committed to fighting for your right to recover the full value of your losses, including your economic (medical bills, property damage, lost wages, etc.) and noneconomic (pain and suffering) damages.
3. Why Do I Need a Lawyer?
Working with a lawyer is not a legal requirement, but it is a smart decision. An attorney can help you to understand the law, handle all nuanced and arcane areas of the law, hire investigators and experts to build your claim, and negotiate with an insurance adjuster to improve your chances of recovering your full settlement amount. We strongly believe that working with a lawyer is the best way to maximize your car accident claim.
4. How Much Does a Car Accident Lawyer Cost?
The great thing about working with our law firm is that if we are unsuccessful in the recovery of a settlement on your behalf, our services are completely free! If we do win your case, we collect a fee that is based on a percentage of your settlement – you will never have to pay us out of pocket. Our fee agreement is set up in advance so there are no surprises. What’s more, we start with a free case consultation with no obligation to hire us.
5. How Can I Schedule My Free Consultation?
Scheduling a free consultation with our New Mexico car accident lawyers is easy. To do so, simply send us a message using the intake form on our website, drop by our Las Cruces office location in person, or call us directly. We can meet with you after hours, on the weekends, and at your location if needed.
Three Tips for Dealing With Insurance Adjusters
In the vast majority of cases, car accident victims are forced to seek compensation from an insurance company. Whether it is an opposing insurer or your own, you need to be prepared to deal with insurance adjusters. Ultimately, these company representatives are not looking out for your best interests. Before you speak to an insurance adjuster regarding your crash, please remember these three tips:
- Never admit fault for the accident; it is not your duty to determine whether or not you were partially at fault.
- Do not speculate about your crash or your injuries. If you say anything at all, only stick to the most narrow, straightforward version of the facts.
- Do not sign any documents, including a release for your medical records, without first consulting with a qualified car accident lawyer.
You Deserve Fair Compensation
If you were hurt in a Las Cruces car accident, you are owed financial compensation for the full value of your damages. Despite this, many insurance companies still refuse to pay. We can help you hold them accountable. Our firm may be able to help you seek recovery for:
- Any damage to your vehicle
- Medical bills and all associated expenses
- Long-term disability
- Pain and suffering
- Lost current and future wages
- Loss of life enjoyment
- Wrongful death
Were You Injured in a Car Accident in Las Cruces?
We can help. At Flores, Tawney & Acosta P.C., our lawyers are dedicated to protecting the rights of injured car accident victims. To learn more about what we can do for you, please call our Las Cruces office today at 575-222-1000. We offer fully confidential legal consultations free of charge.
We serve clients throughout New Mexico and Texas. See a full list of our many office locations.