Albuquerque is a city that comes alive after dark, offering vibrant nightlife, unique restaurants, and entertainment options that draw locals and visitors alike. But what happens when a carefree night out turns into a nightmare? Being involved in a crash caused by a drunk driver is not only terrifying but can leave you facing physical, emotional, and financial pain.
If that’s happened to you or someone you love, knowing you’re not alone is important. Drunk driving accidents are preventable and entirely the fault of the impaired driver. This means you have legal options to hold them accountable and seek compensation for the harm they’ve caused.
The Reality of Drunk Driving Accidents
Drunk driving is a serious issue in New Mexico, and the statistics are alarming. According to reports, more than 10,000 people in the United States die annually in crashes involving impaired drivers. New Mexico, with its stringent laws against driving under the influence (DUI), has made efforts to combat this problem. Yet, many still make the reckless decision to drive drunk, putting others at risk.
Behind every statistic is a story of someone whose life was turned upside down. But as a victim, you don’t have to suffer in silence. Legal pathways exist to help you recover what’s rightfully yours and send a message to prevent future incidents.
Steps to Take After the Accident
An accident caused by a drunk driver can leave you disoriented and unsure of what to do next. Taking the right steps in the moments and days following the crash can significantly affect your ability to seek justice and compensation.
1. Ensure Your Safety First
Above all, prioritize your safety and health. If you’re able, move to a safe location away from traffic and call 911 to report the accident. Emergency personnel will assess the scene, check for injuries, and document the incident.
2. Gather Evidence at the Scene
While you wait for help, try to gather as much evidence as you can. Take photos or videos of the vehicles, road conditions, and any visible injuries. Identify witnesses who may have seen what happened and get their contact information. The police report may include critical details about the driver’s impairment, so be sure to request a copy later.
3. Seek Medical Attention
Even if you feel fine, visit a doctor as soon as possible. Injuries like whiplash, concussions, and internal damage may not show symptoms immediately. Prompt medical care ensures proper documentation of your injuries, which is vital when filing a claim.
4. Obtain Legal Representation
Dealing with the legal system and insurance companies after an accident can be overwhelming, especially when you’re trying to heal. Hiring an experienced personal injury attorney can relieve that burden and ensure you have the strongest possible case.
Filing a Claim Against a Drunk Driver
When a drunk driver causes harm, they can be held financially responsible for the damages. Here’s an overview of what the process typically involves:
1. Establishing Liability
Drunk driving clearly indicates negligence, but proving liability requires thorough evidence. Your attorney will work to show that the driver’s impairment directly caused the accident and your injuries.
2. Seeking Compensation
Victims of drunk driving accidents can pursue several types of compensation:
- Medical Expenses: This includes hospital visits, surgeries, rehabilitation, and future medical needs related to your injuries.
- Lost Wages: If you’re unable to work due to your injuries, you can recover income you’ve lost and potential future earnings.
- Pain and Suffering: Emotional distress and your physical pain may also be factored into your claim.
- Punitive Damages: These damages are designed to punish the drunk driver for their reckless actions and deter others from similar behavior.
3. Dealing with Insurance Companies
Insurance companies representing the drunk driver may try to minimize your claim or shift blame. Having an attorney negotiate on your behalf ensures fair treatment and prevents you from accepting a lowball offer.
Understanding New Mexico’s Drunk Driving Laws
New Mexico has some of the strictest DUI laws in the country, with severe consequences for those caught driving under the influence. A driver with a blood alcohol concentration (BAC) of 0.08% or higher may face criminal charges, including fines, license suspension, and even jail time.
For your personal injury claim, the criminal case against the drunk driver can prove their negligence. However, remember that the civil case for compensation is separate from any criminal proceedings.
Statute of Limitations in New Mexico
If you’re planning to file a personal injury claim, time is of the essence. In New Mexico, you typically have three years from the date of the accident to file your lawsuit. Delaying action could prevent you from recovering damages, so it’s crucial to consult an attorney as soon as possible.
Why You Need a Personal Injury Attorney
While you’re not legally required to hire a lawyer, navigating the legal process on your own can be difficult and overwhelming. Here’s how an attorney can help:
Conducting a Thorough Investigation
An attorney will gather police reports, witness statements, and other key evidence to build a strong case.
Negotiating with Insurance Companies
Insurers are often more cooperative when they know a skilled lawyer is involved. Your attorney will ensure you receive a fair settlement.
Offering Peace of Mind
When a legal expert is handling your case, you can focus on your recovery instead of worrying about paperwork or negotiations.
Albuquerque Drunk Driving Accident Attorney
If you find yourself grappling with the challenges of dealing with a drunk driving accident in Albuquerque, the Law Office of Nathan Cobb is here to provide expert legal guidance through this arduous journey. With proficiency in handling DUI cases, our team is dedicated to securing the justice and compensation you deserve. Reach out to us today at (505) 572-1160 to discuss your case, and let us help you take the necessary steps toward recovery.