When walking next to a road, you put a lot of trust in other drivers to pay attention.
Unfortunately, some drivers drive carelessly around pedestrians and end up hitting them.
A pedestrian hit by a car in Albuquerque will likely receive severe injuries, resulting in an extended recovery or long-term complications.
Here’s what you need to know about pedestrian accident claims in Albuquerque and how our attorneys can help manage your case.
Pedestrian Accident Statistics for Albuquerque
According to a study by the National Highway Traffic Safety Administration (NHTSA), New Mexico has the highest pedestrian fatality rate in the country, with nearly four fatalities per 100,000 people.
In addition, more than 50% of all pedestrian fatalities in the state during 2019 occurred in Albuquerque.
Another report by the University of New Mexico and the New Mexico Department of Transportation noted that nearly one-fifth of accident fatalities in 2019 involved a pedestrian.
Most of these accidents happened at night and involved inattentive driving, drugs, or alcohol.
Typical Damages in Pedestrian Accident Settlements
Not all pedestrian accidents are the same. Some involve negligent mistakes made by the driver, while others may be intentional hit-and-runs.
As such, the total damages between cases vary widely. However, these damages usually fall into three categories: economic, non-economic, and punitive.
Economic damages are the most common since they refer to the financial losses of the injured victim. Things like medical expenses, property damage, and even lost wages fall under this category.
In cases of severe injury, it also includes future medical costs, lost earning capacity, or accessibility conversions.
Non-economic damages are different in that they consist of non-financial, somewhat intangible losses. Several things may be considered a non-financial loss, but it generally includes things like:
- Pain and suffering,
- Mental anguish,
- Loss of life’s enjoyment,
- Reduced quality of life, and
- Loss of consortium (for a victim’s spouse).
Determining the value of non-economic damages is quite challenging because many of these losses are subjective and difficult to pin down.
However, Albuquerque pedestrian accident attorneys have different ways of calculating or estimating them.
On the other hand, punitive damages are pretty rare in any personal injury case. That’s because they apply only when a plaintiff can prove that the defendant acted with gross negligence, intent, or excessive recklessness.
The decision to award these damages falls on the court.
Punitive damages do not reimburse the victim for any particular loss. Instead, punitive damages are meant to punish the defendant for their behavior. Regarding pedestrian accidents, punitive damages may apply in cases of hit-and-run or DUI.
Can I Still Receive Damages If I’m Partially At Fault?
If a pedestrian hit by a car in Albuquerque is partially at fault, they may still recover a portion of the damages. This is because the state of New Mexico follows a pure comparative negligence law.
Under this doctrine, plaintiffs may recover damages even if they are 99% at fault for their injuries.
However, it also means that the court reduces their total award by their percentage of fault. For example, if a plaintiff is 25% at fault and has $100,000 in total damages, they may receive only $75,000.
This is particularly important in cases where the pedestrian error may be involved because victims may have a chance to receive damages even if they had an error in judgment.
Discuss your case with us during a free consultation.
How a Pedestrian Accident Injury Lawyer Can Help
A pedestrian hit by a car in Albuquerque may sustain severe injuries. Consequently, they usually have difficulty managing a personal injury claim on their own.
At Tawney, Acosta & Chaparro P.C., we understand how traumatizing an accident like this can be.
That’s why our goal is to help lessen the stress on you, so you can focus on recovery.
We’ll begin by collecting evidence related to your case. This not only assists us in determining the full extent of your damages but also helps show the negligence of the driver.
From day one, we look for evidence from:
- Any security or traffic cameras that may be in the area,
- Cell phone records of the driver that may indicate distracted driving,
- The accident report from the responding police department, and
- Witnesses who may have seen the accident occur.
In addition, we’ll help get you quality care and arrange a payment agreement with your medical provider if needed. Our priority is making sure that you get the treatment you need while we handle the rest.
Injured by a Vehicle? Contact Our Pedestrian Accident Attorneys Today
If you or a loved one sustains injuries after being hit by a vehicle, you need a compassionate attorney who will tirelessly fight for you.
Tawney, Acosta & Chaparro P.C. lawyers have many years of combined experience helping victims recover physically, emotionally, and financially from pedestrian accidents.