Losing a loved one is always devastating, but when their death is caused by the reckless or negligent actions of another person, the grief is accompanied by anger and countless unanswered questions. For many families in New Mexico, wrongful death cases stemming from motor vehicle accidents (MVA) are a harsh reality. Reckless driving, impaired drivers, and hazardous road conditions are some of the leading factors in these tragic incidents. This blog will help you understand the common causes of wrongful death due to MVAs in New Mexico, the types of compensation available, and how legal support can help you seek justice.
Wrongful Death Cases and Motor Vehicle Accidents
A wrongful death case involves a lawsuit filed on behalf of a deceased individual’s estate when their life was cut short due to another party’s negligence or misconduct. Motor vehicle accidents often fall under this category, as they can result from various preventable circumstances, including unsafe road behavior or poorly maintained infrastructure. Understanding the nuances of wrongful death in the context of MVAs in New Mexico can help families better advocate for justice.
The most common causes of wrongful death in motor vehicle accidents include:
1. Reckless and Distracted Driving - One of the most common causes of MVAs in New Mexico is reckless or distracted driving. Actions like speeding, running red lights, or texting while driving compromise safety. The rise of mobile devices has worsened this issue, with distracted drivers causing countless fatalities.
2. Drunk or Impaired Driving - According to reports, approximately 33% of road fatalities in New Mexico involve impaired drivers. Alcohol and drugs significantly deteriorate a person’s reaction time, judgment, and coordination, making it extremely dangerous to get behind the wheel. Drunk driving not only endangers the impaired individual but also every other motorist or pedestrian on the road.
3. Commercial Trucks and Driver Negligence - Commercial truck accidents often result in wrongful deaths due to the sheer size and weight of these vehicles. Negligent actions like driver fatigue, improper loading, or lack of truck maintenance can have catastrophic consequences on New Mexico’s highways.
4. Poor Road Conditions - While not directly a driver’s fault, poorly maintained roads contribute to many wrongful death cases. Potholes, lack of streetlights, and insufficient signage can increase the risk of collisions, especially at night or during inclement weather. Municipalities that fail to address hazardous road conditions may share responsibility for these tragic accidents.
5. Motorcycle Accidents - Motorcycle riders are more vulnerable to accidents due to their limited protection in a collision. Drivers who fail to check their blind spots or give motorcyclists adequate space often contribute to these fatal incidents.
6. Road Rage and Aggressive Driving - Aggressive driving, tailgating, and road rage lead to countless preventable accidents. These situations often escalate to reckless actions like cutting off vehicles, sudden braking, or illegal passing, resulting in the loss of innocent lives.
Types of Compensation Available in Wrongful Death Cases
Wrongful death claims provide families with financial compensation to address the losses caused by their loved one’s death. Here are some examples of damages that might be awarded in New Mexico wrongful death cases related to MVAs:
- Medical and Hospital Bills: Covers any expenses incurred during emergency medical treatment for the decedent.
- Funeral and Burial Expenses: Helps families manage the costs of laying their loved one to rest.
- Loss of Income: Accounts for the deceased’s financial contribution to the household.
- Loss of Parental Companionship and Guidance: Offers compensation to children who have lost a parent.
- Loss of Consortium: Addresses the emotional loss experienced by the surviving spouse.
- Pain and Suffering: Considers the emotional and mental anguish endured by the deceased and their family.
- Punitive Damages: Applies in cases where the at-fault party acted egregiously, such as in driving under the influence cases.
Each wrongful death case is unique, so it’s crucial to consult with an experienced wrongful death attorney to discuss what compensation may apply in your situation.
Filing a Wrongful Death Claim in New Mexico
Who Can File the Claim? Under New Mexico law, wrongful death claims must be filed by a personal representative of the deceased’s estate. While this individual represents the case legally, beneficiaries—including surviving children, spouses, and occasionally grandchildren—receive any awarded compensation.
What Is the Statute of Limitations? New Mexico allows families up to three years from the date of the individual’s death to file a wrongful death lawsuit. While this is slightly longer than in many states, it’s critical to act quickly. Gathering evidence, interviewing witnesses, and building a strong case takes time.
Legal Process for Filing the Claim - An experienced wrongful death attorney will guide you through each step of the legal process, including gathering evidence like police reports, medical records, and eyewitness accounts. They’ll also work to identify liable parties, whether it’s a reckless driver, a commercial trucking company, or even a municipality.
How Crow Law Firm Can Help
At Crow Law Firm, we understand the immense challenges faced by families in New Mexico dealing with the loss of a loved one due to MVAs. Our compassionate team is dedicated to guiding you through this emotional and legal process with sound guidance and compassion.
Our approach includes:
- Extensive Experience in wrongful death litigation, ensuring you have a strong advocate on your side.
- No Fees Until We Win, relieving financial stress during an already challenging time.
- Personalized Legal Support tailored to meet the unique circumstances of your case.
- An Exceptional Track Record, with millions of dollars recovered for past clients.
Navigating the aftermath of a motor vehicle accident is overwhelming, but you don’t have to face it alone. Losing a loved one is devastating, and while no legal action can replace their presence, a wrongful death lawsuit can secure the financial and emotional support your family needs to move forward. Timely legal intervention ensures accountability for the responsible party while protecting your family’s future. If you believe you may have grounds for a wrongful death claim, our experienced attorneys at Crow Law Firm are here to help.
Contact us online today to schedule a free consultation. Together, we can take steps toward seeking justice and closure. You can also reach us by calling (575) 222-2702.