Top 5 Causes of Personal Injuries in New Mexico: What You Need to Know

Personal injury, also known as tort law, is a broad field of legal practice. It encompasses just about any accident that results in emotional or physical damage that was caused by someone other than the victim. 

Due to the frequency with which personal injury accidents take place, the law offers a legal curative in the form of financial compensation, which is intended to cover a victim’s medical expenses, lost wages, emotional distress, and other damages arising from the injury.  

If you were injured in a personal injury accident in New Mexico through no fault of your own, you need to speak with an experienced New Mexico personal injury attorney at Will Ferguson & Associates right away. We can examine the facts of your accidents and advise you on the best way to pursue compensation. Call us today to schedule your free consultation. 

Leading Causes of New Mexico Personal Injury Cases

The five most common types of accidents that come under the umbrella of personal injury and may warrant financial compensation in New Mexico include:

Car Accidents

Car accidents are one of the leading causes of death for people between the ages of 1 and 54. Early estimates provided by the National Highway Traffic Safety Administration show that New Mexico witnessed 364 fatal car accidents between January and September of 2022. 

Common causes of New Mexico car accidents include:

• Speeding 
• Intersection accidents
• Unsafe or unlawful lane changes
• Rear-end accidents
• Reckless driving
• Drivers under the influence

Car accident injuries can range from minor bumps, bruises, and sprains to traumatic brain injuries, amputations, and even death.

It is not uncommon for both drivers involved in an accident to share fault. So, under New Mexico’s pure comparative negligence doctrine, you could still recover damages even if you are partially to blame for the crash but keep in mind that your compensation will be reduced by your overall percentage of fault.  

Commercial Truck Accidents

Commercial truck accidents are less common than passenger vehicle accidents, accounting for only about 1,400 collisions each year. Given that a fully loaded tractor-trailer weighs roughly 80,000 pounds and the average car weighs about 3,000 pounds, commercial truck accidents are more prone to causing catastrophic injuries, major property damage, and death. In fact, despite the lower accident numbers, those involved in accidents with oversized trucks are four times more likely to be killed than those involved in accidents with passenger vehicles. 

Truck accidents also involve more legal considerations and are more challenging to investigate. This is due, in part, to the fact that multiple parties usually share in liability for a commercial truck accident. These parties may include:

• The truck operator
• The freight company
• The truck owner
• The loading company
• The garage or mechanic responsible for maintenance and repairs
• A vehicle or parts manufacturer

These parties usually carry overlapping insurance policies, which serve to further complicate things. Given the level of difficulty in simply trying to establish fault, it is never in your best interest to handle a truck accident case on your own. Consulting with a skilled New Mexico personal injury attorney directly after your accident can help you avoid the numerous legal pitfalls that often accompany these kinds of cases and maximize your chances of recovery. 

Workplace Accidents

Employers have a legal responsibility to maintain a safe working environment for their employees. Unfortunately, despite the myriad health and safety rules and regulations that have been enacted over the years, accidents can and do happen — whether due to faulty machinery or equipment, exposure to hazardous materials, insufficient training in safe working practices, or a myriad other reasons.

In 2021, a report from the U.S. Bureau of Labor Statistics showed that New Mexico’s private sector employers reported 13,500 nonfatal workplace injuries and illnesses. That’s an accident rate of 2.8 cases per 100 full-time equivalent employees; somewhat higher than the national average of 2.7.

Generally speaking, workplace injuries are covered by your employer’s workers’ compensation insurance. If, however, your employer is not insured or there are additional liable parties, you might be able to pursue recovery through a third-party personal injury suit instead.

Slip-and-Fall Accidents

According to the Centers for Disease Control and Prevention, an estimated 44,686 people are killed due to unintentional falls every year in the United States. Statistics published by the New Mexico Department of Health in 2017 reveal that the state’s fall-related fatality rate was 1.5 times greater than the national average with 5,829 people being admitted to hospital emergency rooms with fall-related injuries. Nursing home residents and senior citizens are especially vulnerable and should always exercise due caution. 

The majority of slip-and-fall accidents can be attributed to negligence on the part of a person, business, or government agency who failed to address a known safety hazard on their property.  

Medical Malpractice

A study conducted by the Yale School of Medicine estimates the number of preventable fatalities among hospitalized patients in the United States to be more than 22,000 a year. Although this statistic is far more optimistic than those proposed by earlier studies, medical errors remain a prominent cause of preventable injury and death. 

Common forms of medical malpractice that may be grounds for a lawsuit are:

• Incorrect or missed diagnoses
• Misinterpreting test or lab results
• Surgical errors
• Prescription drug errors
• Premature discharge
• Failure to identify symptoms
• Errors during labor and delivery

How Can a New Mexico Personal Injury Attorney Help My Case?

Personal injury law is complex and fraught with unforeseen obstacles. Missing just one deadline or filling out one piece of paperwork incorrectly can jeopardize your case. Rather than attempting to understand and navigate the legal system while you are recovering from serious injuries, you can partner with an experienced New Mexico personal injury attorney. They will help you:

• Prepare and file all necessary documents
• Calculate the total value of your claim to ensure you are fairly compensated 
• Collect evidence that supports your claim
• Communicate with the insurer, the at-fault party, and opposing counsel on your behalf  
• Negotiate an equitable settlement 
• If necessary, represent you in court

Speak With a New Mexico Personal Injury Attorney Today

If you were injured or lost a loved one in a negligence-based accident in New Mexico, you only have three years from the day of the incident to file a claim. Call the New Mexico personal injury law firm of Will Ferguson & Associates at (505) 243-5566 or fill out the form on our website to schedule your free, confidential consultation.