Carlsbad Car Accident Lawyers

Common Causes of Car Accidents in Carlsbad

Sometimes, the cause of a car accident is immediately apparent, but often, it is less so. It can take extensive investigative work to determine the precise cause of a car accident, and even then, the reason may not be clear-cut.

Sometimes, there are multiple attributing factors to the cause of a crash. Carlsbad’s demographics, including its popular bat-filled cave attraction at the Carlsbad Caverns National Park, can lead to tourists and drivers unfamiliar with the area, leading to increased car accidents.

Some common causes of Carlsbad car accidents include:

• Driver negligence (e.g., driving while intoxicated, ignoring traffic signals, and disobeying traffic laws),
• Driving while distracted by being on the phone or following GPS directions,
• Inclement weather (e.g., dust storms),
• Poor road conditions (e.g., untreated potholes, uneven pavement),
• Driving too closely,
• Road rage,
• Mechanical failures, including brake and engine failures, and
• Manufacturing defects.

Sometimes, an accident is just an accident, but often, it is caused by someone else’s negligence. If another driver caused your crash and you were injured, you might be entitled to compensation. Our seasoned Carlsbad car accident lawyer will assess your case for negligence and possible liability.

Common Car Accident Injuries

The range of car accident injuries is vast, from minor scrapes and bumps to spinal cord injuries and even death. Even if you are lucky to walk away from the wreck, you might have serious injuries. The adrenaline and fear you feel in those moments after a car accident can trick you into believing you are uninjured.

Whether you suffer permanent catastrophic injuries or moderate temporary injuries in which you are expected to make a full recovery, the physical, mental, and financial damage can be devastating. There are infinite possible car accident injuries, and often, victims will sustain multiple injuries from a single crash. However, here’s a list of injuries we usually see.

These include the following:

• Seatbelt and airbag burns,
• Whiplash,
• Bumps and bruises,
• Fractures, often multiple compound fractures,
• Back and neck injuries,
• Soft tissue injuries, and
• Paralysis.

Always have your injuries checked out by a doctor to receive proper diagnosis and treatment and to avoid worsening the injury.

4 Steps You Should Take Following a Car Accident

You might think it’s clear what to do after a car wreck, but the truth is that shock can make even the most obvious steps difficult to recognize at the moment. Beyond the obvious, you might not know there are certain actions to take after a car accident. Being familiar with specific steps can help guide you through this challenging and confusing time.

There are four simple steps to remember immediately after a car accident.

Get Medical Help

If you have severe injuries, call 911 to elicit an emergency personnel response. An ambulance and EMS will respond, as will law enforcement, to help secure the scene, investigate the crash, and complete an accident report.

Even if you do not require a trip to the emergency room, you should be assessed by a physician at your primary doctor or local urgent care facility. You may need medical care, including:

• Radiological diagnostic services,
• Orthopedic assessment and care,
• Surgery,
• Rehabilitation, including physical and occupational therapy, and
• Pain management.

Receiving a proper diagnosis is a prudent step in your recovery.

Document the Scene and Gather Evidence

If you can, gather evidence at the accident scene of your injuries, vehicle damage, and location of the accident, including placement of the vehicles. You can do this by taking pictures and videos with your phone.

Speak to any potential eyewitnesses at the scene and get their contact information in case they need to be contacted later. It is also helpful to note any video surveillance that may have captured the wreck. Often, footage may only be available for a short window, making it crucial to preserve that evidence quickly.

Finally, while the events are still fresh in your mind, you should write down what occurred, including the moments just before, during, and after the crash.

If you are seriously injured and can not do anything, don’t worry; this is where we come in. Our Carlsbad car accident lawyers are well-equipped to investigate accidents even at a much later time.

Avoid Posting on Social Media

An often overlooked step after a car accident is to avoid posting on your social media accounts. Although this may sound silly, it is critical to a successful case. It is vital to avoid posting photos or videos contrary to your injuries. For instance, if you suffered a back injury but post videos of you running a marathon two months later, it can substantially hurt your case.

The insurance company will try to downplay the significance of your injury. Equally as important, you should avoid posting or commenting on anything that might be misconstrued as fault. In other words, avoid posting anything that implies an apology, mistake, or negligence. For example, “I messed up” or “I feel bad” can harm your claim. We strongly encourage our clients to avoid social media while they have a car accident claim pending.

Consult a Lawyer

Consulting and hiring an experienced Carlsbad car accident attorney can mean the difference between a successful and unsuccessful case. While there is no legal requirement that you retain an attorney to move forward with filing a lawsuit, we strongly recommend it. Our attorneys are seasoned negotiators and litigators. We know how insurance companies work and how to advocate for the most compensation for you and your family.

A car accident lawsuit can be complex, from understanding the court rules and procedures to managing multiple possible defendants, requesting and analyzing discovery, and presenting a case to a jury. Our Carlsbad car accident lawyers will be there for you every step of the way. Focus on your recovery while we handle the rest.

New Mexico Law

In New Mexico, you generally have three years from the date of the accident to file a lawsuit. However, there are exceptions to this rule that can shorten or lengthen the amount of time you have to bring your claim, so we always recommend that you meet with an attorney soon after the accident to preserve your rights.

Additionally, New Mexico is considered a pure comparative fault state, meaning that the compensation you can recover is reduced by the percentage of the fault causing their injuries. For example, if you are found to be 20% at fault, you would be compensated for the remaining 80%.

What Damages Are Available in a Car Accident Lawsuit?

As attorneys, one of the most common questions we ask is, “What compensation can I receive for my injuries?” The answer is not clear cut but rather depends on the facts and circumstances. However, if your case is successful, you may be entitled to compensatory damages for your injury, including:

• Medical expenses,
• Lost wages,
• Loss of enjoyment of life, and
• Pain and suffering.

As the plaintiff, you have the burden of proving your damages. A variety of evidence can be used, including:

• Medical bills and records,
• Police and accident report,
• Eyewitness statements,
• Photos of the accident scene,
• Video surveillance footage,
• Repair and replacement invoices,
• Expert reports and testimony, and
• Accident recreation technology.

In cases where the defendant acted with malice or extreme recklessness, you may be awarded punitive damages. Punitive damages are more sparsely awarded because they are meant as a form of punishment for the defendant’s behavior rather than compensation for the victim’s injuries. Our Carlsbad car accident lawyer will be able to discuss your case with you in detail and determine what compensation might look like for you.

New Mexico Car Accident Law Firm

At Tawney, Acosta & Chaparro P.C., our Carlsbad car accident lawyers have been nominated to the SuperLawyers list for years. We have the reputation, knowledge, and resources to help you seek justice for your injuries. Contact us today to schedule a compassionate, no-cost consultation.