After being hit by a vehicle in New Mexico, your priority is your health and safety. The steps you take immediately after, and in the following days, are critical for both your physical recovery and protecting your legal right to compensation. If you were seriously injured, speaking with a pedestrian accident lawyer in New Mexico can help you understand what evidence may matter and what options may be available. This guide outlines the essential actions to take, from the scene of the accident to understanding your legal options.
Immediate Steps to Take at the Scene
Your first actions should focus on safety, medical care, and official reporting. What you do here establishes the foundation for any future pedestrian accident claim. It is vital to stay calm and proceed methodically, even if you feel shaken or believe your injuries are minor.
Securing the scene prevents further harm, and calling 911 creates an official record of the incident. Prompt medical attention is crucial, as some serious injuries, like internal bleeding or traumatic brain injuries, may not have immediate symptoms.
- Move to a safe location: If you are able, move out of the roadway to a sidewalk or shoulder to avoid further danger from traffic.
- Call 911 immediately: Report the accident to the police and request an ambulance. A police report is an essential piece of evidence that documents the facts of the incident.
- Accept medical attention: Allow paramedics to evaluate you at the scene and transport you to the hospital if they recommend it. This ensures your injuries are documented from the very beginning, creating a medical record that links your injuries to the accident.
- Exchange information if possible: If you are physically able, get the driver’s name, contact information, driver’s license number, license plate number, and insurance details. Do not engage in a discussion about who was at fault.
How to Gather and Preserve Critical Evidence
The evidence you collect can directly impact your ability to prove who was at fault and the extent of your damages. While you may be injured and disoriented, any information you can safely gather is valuable. If you cannot do this yourself, ask a trusted person to help.
Memories fade and physical evidence disappears. Documenting the scene, your injuries, and witness accounts creates a record of what happened.
Take Photos and Videos
Use your phone to photograph the vehicle that hit you, including the license plate, the accident scene from multiple angles, any traffic signs or signals, crosswalks, roadway hazards, and your injuries.
Identify Witnesses
Ask anyone who saw the accident for their name and phone number. Witness testimony can be crucial, especially if the driver disputes the facts of the pedestrian accident claim.
Write Down What You Remember
As soon as you can, write down the date, time, location, weather conditions, and a detailed account of what happened while it is fresh in your mind.
Preserve Physical Evidence
Keep the clothing and shoes you were wearing in a safe place without washing them. Torn or bloody clothing can serve as evidence of the impact.
Common Mistakes That Can Weaken Your Claim
In the stressful aftermath of an accident, it is easy to say or do something that could unintentionally harm your case. Being aware of these common pitfalls can help you protect your rights and avoid giving the insurance company reasons to deny or reduce your settlement.
Insurance adjusters may examine statements and actions when evaluating a claim. Avoiding these mistakes can help you protect your position.
- Admitting fault: Avoid making assumptions about who caused the accident or making statements about fault before the circumstances are clear.
- Giving a recorded statement: Consider seeking legal advice before providing a recorded statement to the other driver’s insurance company.
- Posting on social media: Be cautious about posting details, photos, or updates about the accident or your recovery online.
- Accepting the first settlement offer: Review an offer carefully before accepting it or signing documents, particularly if you are still assessing your injuries and expenses.
Understanding Fault in New Mexico Pedestrian Accidents
New Mexico follows a “comparative negligence” rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. Proving the driver was primarily negligent is key to a successful claim.
Establishing the driver’s negligence is the core of your case. This involves examining the circumstances of the crash, including whether the driver was speeding, driving distracted, or failing to yield the right-of-way.
- The driver’s duty of care: Drivers’ actions and attention are important factors when investigating a pedestrian accident, particularly near crosswalks and intersections.
- Pedestrian right-of-way: New Mexico’s pedestrian laws address marked crosswalks, intersections, traffic signals, and pedestrian responsibilities. The specific circumstances of the accident matter when assessing right-of-way.
- Investigating roadway factors: Sometimes, factors beyond the driver’s actions contribute to a pedestrian accident. Poorly designed, poorly maintained, or badly lit roads can create additional safety risks. McGinn Law has handled cases involving roadway conditions and pedestrian hazards, including a case involving a dangerous intersection where there was no light, no crosswalk, and virtually nonexistent signage.
What If the Driver Leaves the Scene?
A hit-and-run pedestrian accident can make an already difficult situation even more complicated, particularly when you do not know who caused the accident or where to look for the driver. If the driver leaves the scene, report the accident to law enforcement and provide any information you have about the vehicle or circumstances surrounding the crash.
Evidence May Still Be Available
Evidence such as security camera footage and witness accounts may help identify the driver. McGinn Law’s pedestrian accident team works with law enforcement to investigate clues that may help determine who was responsible. Even when identifying the driver is difficult, there may still be civil options for pursuing compensation.
When to Consult a New Mexico Pedestrian Accident Lawyer
While not every minor incident requires legal action, it is wise to seek legal advice in certain situations. An attorney can help you navigate the claims process and understand your legal options. Legal guidance may be particularly useful when the injuries are serious, responsibility is disputed, or the insurance process becomes difficult.
If You Suffered Significant Injuries
If your injuries are severe, the financial and personal costs can be immense. Understanding potential current and future needs is important when evaluating damages. You may also want to speak with a catastrophic injury lawyer if your injuries are severe.
If Fault Is Disputed
When the driver or their insurance company tries to blame you for the accident, an attorney can review the available evidence and help you understand how responsibility may be assessed.
If the Insurance Company Is Uncooperative
If you are dealing with delays, denials, or a settlement offer you believe does not reflect your losses, legal guidance may help you understand your options.
In Cases of a Loved One’s Death
If the accident tragically resulted in a fatality, family members may need guidance from a wrongful death lawyer about pursuing a claim.
Frequently Asked Questions About Pedestrian Accidents
How long do I have to file a pedestrian accident claim in New Mexico?
New Mexico generally has a three-year statute of limitations for personal injury claims, but the deadline can vary depending on the circumstances. Speak with an attorney promptly to understand the deadline that may apply to your situation.
What compensation can I recover after a pedestrian accident?
Depending on the circumstances, injured pedestrians may be able to seek compensation for medical expenses, lost wages, loss of future earning capacity, pain and suffering, and emotional distress. The types and amount of compensation available depend on the facts of the case and the losses involved.
Protecting Your Future After an Accident
The actions you take after a pedestrian accident in New Mexico can significantly influence your physical and financial recovery. By prioritizing your health, documenting what happened, and understanding your rights, you can take practical steps to protect your interests.
Following these steps can help you preserve important information, but every accident is unique. If you have questions about your specific situation, contact a pedestrian accident lawyer at McGinn Law to discuss your options.
Have Questions After a Pedestrian Accident?
Understanding your options after a pedestrian accident can be difficult, especially when you are dealing with injuries and medical expenses. McGinn Law offers free consultations to discuss your situation and help you understand the next steps available to you.
