New Mexico Car Accident Attorneys

Advocating for Serious & Fatal Crash Victims

Driving can be dangerous, which is why the rules of the road must be followed. When people or companies choose not to follow the rules of the road and cause serious injuries, they must be held accountable. Anyone from a fellow driver to a company or government charged with maintaining a roadway,, to construction crew, and others, can be held liable when their conduct causes injuries on the road.

Auto accidents can cause serious injuries or fatalities that disrupt victims’ lives and change their futures. At McGinn Montoya Love Curry & Sievers PA, we are experienced in holding various parties accountable when their conduct catastrophically injures or kills others on the road. If you or a loved one has been seriously injured or wrongfully killed on the roadway, we can help.

Call (505) 405-4441 for a free, no-obligation consultation. Our New Mexico car accident attorneys have been serving the area for over 35 years.

We Can Help After a Serious Auto Accident

When you or a loved one is seriously injured in a wreck, our New Mexico car accident attorneys will make sure you do not miss your chance for justice. We will guide you through the process of obtaining justice

We can help crash victims who have suffered catastrophic injuries or wrongful death in the following types of cases, among others:

• Accidents caused by defective auto parts
• School bus accidents/injuries to children
• Crashes involving large trucks or other commercial vehicles
• Drunk driving accidents
• Distracted driving accidents
• Accidents caused by poor road maintenance
• Motorcycle accidents
• Collisions with pedestrians

Reckless individuals and/or larger systemic issues are often behind car accidents. Our team’s counsel is experienced in these cases in identifying all parties who caused or contributed to cause serious crashes.

Common Causes of Serious Car Accidents

Catastrophic or fatal car accidents are often the result of a combination of factors that can include human error, environmental conditions, mechanical failures, and other external influences. Here are the most common causes:

• Texting or Using a Phone: One of the leading causes, as it takes the driver’s attention off the road.
• Speeding: Driving above the speed limit or too fast for road conditions reduces the driver's ability to react to sudden changes and increases the severity of crashes.
• Driving Under the Influence: Alcohol and drugs impair judgment, coordination, and reaction times.
• Reckless Driving: Includes aggressive behaviors such as tailgating, weaving through traffic, and ignoring traffic signals.
• Weather Conditions: Rain, snow, and ice can create slippery roads that can lead to loss of vehicle control. Additionally, fog reduces visibility, making it difficult to see other vehicles and road hazards.
• Running Red Lights and Stop Signs: Failing to stop at intersections can result in high-speed collisions.
• Fatigue: Drowsy driving impairs the driver’s ability to focus and react quickly, similar to the effects of alcohol.
• Mechanical Failures: Common mechanical failures include tires, brakes, steering, engines, etc.
• Poor Road Conditions: Potholes and uneven pavements can lead to loss of control or mechanical damage, while poorly marked roads or lack of signs can confuse drivers and lead to accidents.
• Inexperienced Drivers: New or young drivers might lack the experience needed to handle complex driving situations effectively.
• Night Driving: Reduced visibility and increased difficulty in judging distances and speeds can lead to accidents.
• Animal Crossings: Sudden appearances of animals on the road can cause drivers to swerve or crash.

Who is Liable When Accidents Result in Fatal or Serious Injury?

The severity of an injury will not change who can be held liable. A negligent party should be held liable for any injury they cause. Knowing who is at fault for a car accident matters, but not only because the at-fault party is liable for damages, but also because if an insurance provider can shift blame onto an accident victim like you, it can reduce the amount it owes..

Here are the potential liable parties:

• At-Fault Driver: The driver whose negligent or reckless actions directly caused the accident.
• Multiple Drivers: If more than one driver was negligent, they could share liability.
• Vehicle Owner: If the owner of the vehicle (who is not the driver) allowed someone unfit to drive their car, they could be held liable.
• Employers: If the driver was working at the time of the accident, the employer might be liable under the legal doctrine of "respondeat superior," which holds employers responsible for employees' actions performed within the scope of their employment.
• Vehicle Manufacturer: If a defect in the vehicle (such as faulty brakes, tires, or airbags) contributed to the accident, the manufacturer could be held liable under product liability laws.
• Government Entities: Poor road conditions, inadequate signage, or faulty traffic signals maintained by government entities could make them liable. Claims against government entities usually have specific procedures and shorter time limits for filing.
• Mechanics or Repair Shops: If improper or negligent repairs contributed to the accident, the mechanic or repair shop could be held liable.
• Other Third Parties: Under "dram shop laws," establishments that serve alcohol to an obviously intoxicated person who later causes an accident can be held liable. Other third parties include pedestrians and cyclists.
• Rental Car Companies: If the rental car company negligently rented a car to an unfit driver or if there was a mechanical failure due to lack of maintenance, they could be liable.

At McGinn Montoya Love Curry & Sievers PA, we are passionate about helping car crash victims who have suffered life-changing injuries. We are also committed to advocating for those who have lost their loved ones in a crash. If your life has been forever changed by an auto accident, don’t hesitate to contact our firm.

Having our legal team on your side to investigate the scene of an accident as soon as possible after a crash occurs ensures that evidence is preserved and we can also take care of all insurer discussions and negotiations, being mindful of the way adjusters try to induce statements they can later use against you in court.

Please keep in mind that not all accidents are as simple as they originally seem. A third party—like another driver, an automaker that used faulty parts, or an official who poorly maintained a road—may have contributed to your accident. If you do not have a lawyer who considers third-party involvement, you may not be able to bring all wrongdoers involved to justice. This means you will also miss potential sources of compensation whose help could be vital. Ask our team what we can do to identify liable parties after an accident.

Catastrophic Injuries Caused by Albuquerque Traffic Accidents

A car crash can cause catastrophic injuries that lead to long-term or permanent damage and impairments. Catastrophic injuries are those that involve major organs, such as the spine, brain, or heart; they may also include multiple fractures and severe burns. Here is a list of some of the catastrophic injuries that may result from a severe auto accident:

• Spinal Cord Injuries: These injuries can range from mild to severe, and can cause temporary or permanent paralysis of the body below the area of injury.
• Head/Brain Injuries: Traumatic brain injury (TBI) is an especially common occurrence in car crashes and may result in memory loss, concentration difficulties, headaches, mood swings, depression, slowed thinking processes, and other cognitive impairments.
• Neck & Back Injuries: Serious neck/back trauma such as herniated discs or fractured vertebrae can lead to long-term pain and mobility issues if not properly treated.
• Internal Organ Damage: Major organs like the heart, lungs and kidneys are all at risk of being injured during a crash due to direct contact with vehicle parts or sudden impacts that cause internal bleeding or organ ruptures .
• Amputations & Loss Of Limb Functionality: Certain accidents can be so intense that limbs may need to be amputated due to total tissue damage or infection; alternatively there could also be brachial nerve damage which results in partial functionality of arm(s) and/or leg(s).
• Burn Injuries: Car fires caused by chemical spills from vehicles are a leading cause of burn injuries. Burns can vary from minor first degree burns up through more serious second degree burns (which may require hospitalization and/or surgery) to extremely severe third degree burns, which often result in long-term damage or even death.

What an Auto Accident Attorney in Albuquerque Can Do for Catastrophic Injury Victims

When you or a loved one has been catastrophically injured in an auto accident, the stress can be overwhelming. You will have medical bills to pay, and depending on the severity of the injuries, you may need ongoing medical care and treatment. You may also be dealing with confusion, fear, depression, and anxiety about your future prospects for recovery and employment. Trying to file a lawsuit on your own while dealing with these struggles may prove impossible, but you do not have to face these challenges alone.

Auto accident lawyers can help take on some of that stress, which may help with your recovery. An accident lawyer in Albuquerque can:

• Investigating Accident Claims: Auto accident lawyers can investigate the circumstances of an auto accident and collect evidence to prove liability in court or in settlement negotiations.
• Filing A Claim: An attorney can help you complete all the necessary paperwork and submit your claim to the insurance company on time, ensuring that you get a fair compensation for any injury or damages caused by another person’s negligence.
• Negotiating with Insurance Companies: Auto accident attorneys are expert negotiators who can help you maximize your recovery from an auto insurance policy by negotiating with insurers on your behalf and fighting hard for a favorable outcome in settlement talks.
• Representing You In Court: Your lawyer will ensure that all legal aspects of filing a lawsuit against negligent parties are handled correctly. If you need to go to court in order to secure full compensation for the injuries you suffered due to the negligence of a careless driver, a car accident attorney will also represent you in court.
• Advocating for Law Changes: Auto accident lawyers are also able to use their knowledge and experience to help advocate for changes in auto safety laws. Such advocacy could help prevent future serious auto accidents from occurring, further helping victims of current crashes get justice.

How We Have Made a Difference

Our New Mexico car accident attorney team has helped many catastrophically injured victims find justice. We have also ushered in policy changes that have made roads in Albuquerque and throughout the State safer.

Hiring Restrictions for Former DUI Offenders

Pfeifer v. United States, U.S. Federal District Court for The District Of New Mexico, CV 0201368

Bud and Alice Ramaekers were killed when their car was hit head-on by a drunk, on-the-job federal government worker. Already devastated, the Ramaekers’ 9 children and 28 grandchildren learned the Bureau of Indian Affairs (BIA) had, in despite of the at-fault employee’s 9 previous drunk driving arrests, helped him keep his driver’s license and given him a government vehicle to drive. The Ramaekers filed suit, and we argued their case in a public trial to make citizens aware the government was enabling drunk drivers.

The family won their case, and the BIA has now changed its motor vehicle policy to make highways safer. Not only did this family’s courage to fight the federal government result in safer procedures, but it also helped spread the word to private and public employers alike that employers cannot ignore or enable workers who struggle with alcohol use disorders.

Requiring Back-Up Warning Devices on School Buses

H.C., as personal representative of the Estate of A.C. (a deceased minor) v. Bus Company

A local school district and a bus company put an untrained passenger assistant in the driver’s seat of a school bus, and the predictable happened. The inexperienced driver violated the rule to never back up a bus at a school loading zone. Two children were killed. The bus was not equipped with safety warning devices (back-up lights and beepers), which were, at this time, standard on all school buses around the country.

The case settled for a confidential sum. The resolution also included a request that a back-up warning be mandatory on all school buses. The school district made this change, and all bus contractors are now required to use school buses equipped with back-up warning alarms.

When Tragedy Strikes, Let Our New Mexico Car Accident Attorneys Join the Fight for You

Despite years of regulation and rulemaking, shocking instances of negligence and recklessness till result in serious and fatal car accidents every year. At McGinn Montoya Love Curry & Sievers PA, we believe we have a responsibility to use the law for good. That is why we fight to implement safety changes that will protect other individuals and families from suffering similar harm.

Serious accidents call for serious attorneys. Since 1985, we have been fighting for the severely injured and bereaved in Albuquerque and across New Mexico. We are here to represent those whose lives have been forever changed by these incidents. Our New Mexico car accident attorneys have the skill and dedication to relentlessly pursue justice and compensation on your behalf.

We can help you request your full compensation for damages, such as:

• Medical bills
• Future medical expenses
• Lost wages
• Lost earning capacity
• Disfigurement
• Lost household services
• Disability, short- or long-term
• Pain and suffering

From our office in Albuquerque, our attorneys take on complex accident cases throughout the state. We are proud to provide all-around support to the victims of serious accidents and their families. Reach out for a free consultation to learn more about how we can help you.

Call us at (505) 405-4441 or contact us online to schedule your free consultation with a New Mexico car accident lawyer.