The Role of Road Conditions in Car Accident Litigation

In the United States, automobile accidents kill about one hundred people every day. Furthermore, the Fatality Analysis Reporting System of the United States Department of Transportation estimates that there were approximately 36,560 fatalities related to motor vehicle accidents in one recent year. According to the data, car accidents are the biggest cause of death across the globe and in the United States.

Naturally, if you've been hurt in an accident, you might be feeling worried, anxious, and tense. Worrying about missing work, losing future earning potential, or suffering emotional anguish as medical bills grow is natural. If someone else's negligence causes your injuries or other losses, even if they seem minor at first, you may be entitled to financial compensation.

However, you should seek legal counsel and establish liability for your injuries. An experienced group of accident attorneys can help you navigate the complex legal process of filing a claim for personal injury. A number of weather-related causes can affect the incidence of vehicle wrecks. Here are a few of the most common causes of these weather-related accidents:

  • Rain: Roads become less visible and more hazardous when it rains, increasing the likelihood of accidents. When it's raining, drivers must practice extra caution on our roadways and adjust their speed to reflect the changing weather conditions and slick roads. The roadways in California can become dangerously wet, often flooding due to California's tendency to sustain heavier rains after extended dry spells and drought.
  • Fog: Drivers may have trouble seeing other cars and roadway hazards due to the reduced visibility caused by fog. In foggy conditions, drivers should use both their headlights and fog lights. Due to the thick fog, driving along the Pacific Coast Highway and around Newport Beach can be particularly risky, so it's essential to maintain extra caution if you're traversing California coastal highways in the fog.
  • Wind: In addition to causing secondary hazards, like fallen trees and electrical lines, strong winds may also force cars off the road. During excessive wind and blustery conditions, drivers should be especially careful and lower their speed. And on an annual basis, the Santa Ana winds dump tons of trash and debris onto our highways, making them dangerous for drivers.
  • Snow: Finally, snow makes driving much more hazardous for drivers in the Lone Star State, particularly because it is so rare. People who drive without snow chains or who lack experience driving in snow or sleet are most likely to contribute to accidents. If you're driving around Big Bear and the mountains, make sure you stay aware of changing conditions due to snow.

Does Bad Weather Cause Crashes?

Simply put, driving on a sunny, clear day is far easier than driving in heavy rain, snow, or other severe weather. Dangerous driving conditions and reduced visibility are the two main results of bad weather. Across the United States, unsurprisingly, more than 45% of all weather-related vehicle accidents occur while it is raining. There are several factors that make driving in rainy weather and on wet roads very risky, but among the most common are:

  • When visibility is significantly diminished due to precipitation, drivers may not see roadway hazards and dangers or gauge distances between their vehicles and other cars accurately.
  • A large portion of auto accidents in wet weather are also caused by hydroplaning. When driving on wet roads, a motorist may hydroplane if their vehicle's tires lose grip, causing them to lose control of their car.
  • All too often, drivers fail to recognize the heightened dangers posed by rainy or wet roads, leading them to disregard these conditions and speed or even follow the typical speed limit. This greatly increases the risk of hydroplaning, losing control, and being involved in a crash.

Proving Personal Injury Liability in New Mexico

First and foremost, while preparing your claim, you should look into the "statute of limitations" for your state, which states how long you have to file a lawsuit after an accident. In New Mexico, the time restriction for filing a lawsuit after an accident is three years. Keeping track of the statute of limitations is essential to protect your right to seek compensation for your injuries. Moreover, New Mexico personal injury law mandates that the party at fault pay for any damages they cause, whether to people or property.

Claims in this state are likewise evaluated under the state's pure comparative negligence standard. In other words, the law allows someone 95% at fault in an accident to submit a compensation claim, but they can only secure 5% of the total settlement. When an injured individual is found to be somewhat at fault for their own accident or injury, the comparative fault rule kicks in.

Compensation For Personal Injury in New Mexico

In New Mexico, you can secure compensation for any losses incurred due to another person's negligence if you are hurt. The New Mexico Uniform Jury Instructions specify the damages that may be awarded. These instructions will be given to the jury at the conclusion of the trial if your case is tried. Common examples of economic damages include hospital bills, lost wages, and vehicle repairs, which can be easily calculated and documented.

Non-economic damages or losses, such as pain, suffering, and loss of consortium or companionship, are more nebulous but no less real than monetary damages. Nonetheless, state law often caps damage awards in personal injury lawsuits. These restrictions limit non-economic damages and damages in specific kinds of lawsuits, such as medical malpractice claims. As an example, in medical negligence or malpractice situations, the maximum award for damages in New Mexico is $600,000.

Contact a New Mexico Car Accident Lawyer

Most people who are hurt or whose property is damaged in car accidents are not seriously hurt. It may not seem necessary to hire a lawyer in cases when there is minimal property damage and no major injuries. However, it is always a good idea to engage with an attorney, even in the case of a small injury.

An experienced personal injury attorney may examine with you and your loved ones a number of elements you may not have thought about while negotiating a settlement for your automobile accident claim. Remember that talking to a personal injury attorney as soon as possible after an accident is the best approach to protect your rights legally.

Contact Will Ferguson & Associates' car accident lawyers at (505) 243-5566 to discuss your legal options following a vehicle accident. We will investigate your case and connect you with a group of highly rated Albuquerque car accident lawyers if we conclude that you and your family are eligible for compensation. If you've been in a car crash in New Mexico, don't hesitate to contact us for a free, no-risk consultation. We're here to help you get the justice you deserve.

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    1720 Louisiana Blvd NE #100 Albuquerque, NM 87110
    Rio Rancho

    333 Rio Rancho Boulevard Northeast Rio Rancho, NM

    1720 Louisiana Blvd NE #100 Albuquerque, NM 87110
    Rio Rancho

    333 Rio Rancho Boulevard Northeast Rio Rancho, NM