New Mexico Pedestrian Accident Attorneys

We Are Here to Fight for the Victims of Severe and Catastrophic Injury

The rate of fatal pedestrian accidents has been rising for decades, but policies and practices that could decrease the risk of such incidents have still not been enacted in many cities across the U.S. Pedestrian accidents are not always caused by inattentive drivers, though they are of course a factor. Poorly maintained and badly lit roads can conceal pedestrians and/or oncoming traffic from each other until it is too late. This results in over 100,000 pedestrians ending up in the emergency room each year.

If you or a family member was seriously injured in a pedestrian accident, turn to McGinn Montoya Love Curry & Sievers PA for help filing a claim. Our attorneys are here to fight for justice and compensation for you. We have been serving New Mexico families for over 35 years, helping injury victims gain the financial support they need to recover after a life-changing injury. Let us advocate for you while you focus on your well-being.

Schedule a free consultation with one of our skilled team members by calling (505) 405-4441. Our team serves clients throughout New Mexico from our Albuquerque office.

Common Causes of Pedestrian Accidents

A pedestrian accident occurs when an individual who is walking, running, or standing is struck by a vehicle, such as a car, truck, or motorcycle. These accidents can result in serious injuries or fatalities, often due to the vulnerability of pedestrians compared to motor vehicles. Pedestrians have very little protection against the impact of a vehicle, making even low-speed collisions potentially dangerous.

Most pedestrian accidents are caused by negligent motorists. Negligence can take many forms, including:

• Distracted Driving: Motorists who are texting, talking on the phone, or engaging with in-car technology may fail to notice pedestrians in crosswalks or on the roadside.
• Speeding: Drivers exceeding speed limits have less time to react to pedestrians, increasing the likelihood of a collision.
• Failure to Yield: Many accidents occur when drivers do not yield the right of way to pedestrians at crosswalks or intersections.
• Running Red Lights or Stop Signs: Motorists who disregard traffic signals can collide with pedestrians crossing at intersections.
• Impaired Driving: Alcohol or drug impairment can significantly affect a driver's reaction times and decision-making abilities, leading to accidents.
• Reckless Driving: Aggressive behaviors, such as weaving in and out of traffic or aggressive acceleration, can increase the risk of hitting pedestrians.

Pedestrian Laws in New Mexico

In New Mexico, pedestrian laws are designed to enhance the safety of individuals on foot and to regulate the interactions between pedestrians and vehicles. These laws emphasize the responsibility of both pedestrians and drivers to ensure safe and compliant use of roadways.

Crosswalk Regulations: One of the key components of pedestrian laws in New Mexico is the regulation of crosswalks. Pedestrians have the right of way when crossing at marked crosswalks, and drivers must yield to them. Unmarked crosswalks also exist at intersections, where pedestrians can legally cross the street. However, pedestrians must exercise caution and be aware of their surroundings, as they are expected to yield the right of way to vehicles if they do not have a designated crossing area.

Traffic Signals and Signs: New Mexico law requires pedestrians to obey traffic signals and signs. When a pedestrian signal indicates "Walk," individuals may cross the street, but they must still remain vigilant for turning vehicles. Conversely, when the signal displays "Don't Walk," pedestrians must not enter the crosswalk. This adherence to signals is crucial for maintaining safety, particularly at busy intersections.

Prohibitions and Responsibilities: New Mexico laws also impose certain restrictions on pedestrians. For instance, it is illegal for pedestrians to jaywalk, which involves crossing a street outside of designated crosswalks or against traffic signals. Additionally, pedestrians are prohibited from walking on highways or roadways where there are sidewalks available. When sidewalks are not present, pedestrians are expected to walk facing oncoming traffic to enhance their visibility to drivers.

Alcohol and Impairment: Similar to driving laws, New Mexico pedestrian laws consider the impact of alcohol and drug impairment. Pedestrians who are under the influence can be cited for unsafe behaviors, such as walking in traffic or failing to adhere to crossing regulations. This aspect emphasizes the importance of responsible behavior for all road users.

Enforcement and Penalties: Law enforcement officers have the authority to issue citations for violations of pedestrian laws, which may result in fines. Additionally, drivers who fail to yield to pedestrians in crosswalks can face penalties, including fines and points on their driving records.

Understanding the Devastating Impact of Pedestrian Accidents

No matter who is at fault in an accident, the pedestrian—not the driver—will suffer the worst trauma. As cars have gotten larger and heavier, pedestrians have become more likely to sustain catastrophic injuries like:

• Traumatic brain injury (TBI)
• Spinal cord injury/paralysis
• Amputation/loss of limb
• Wrongful death

These injuries can stand in the way of a victim being able to care for themselves and provide for their loved ones. In cases like these, it is important to have a skilled attorney on your side. The losses caused by catastrophic injuries can stretch far into the future, not to mention the hardships an accident victim and their loved ones will face. Every one of these needs should be accounted for in your settlement request.

We are also here to take on the work of filing a claim so you can conserve your energy for the things that matter most. Our lawyers can assist you with everything from the insurance paperwork to identifying your expenses to helping you access the care you need. You deserve justice, and you deserve a strong, experienced team to help you pursue it.

Legal Support for Victims of Pedestrian Hit-and-Run Incidents

There is a reason you can lose your license if you flee the scene of an accident: Without immediate assistance, victims are more likely to suffer serious injuries or die before help arrives. Hit-and-run accidents are increasing, and pedestrians and bicyclists are the two hardest-hit groups. Together, they account for 65% of hit-and-run fatalities. When victims do not know the cause of an accident, where can they look for compensation? Our attorneys can explain your options if you do not know the identity of the driver that hit you or your loved one.

Working with law enforcement, our attorneys can investigate an accident to find clues to the perpetrator’s identity. Security cameras or witnesses may be able to help us track down the irresponsible driver who made the choice to flee from your accident. They are likely to face criminal charges if the police can gather enough evidence. At the same time, you can file a civil suit for damages requesting compensation.

Because criminal and civil cases are evaluated differently, it can actually be easier to achieve justice through an injury claim. Bringing a claim after a hit-and-run may be more difficult, but our attorneys are here to fight for justice, no matter what it takes.

Advocating for Safer Streets Through Pedestrian Injury Claims

Some pedestrian accidents are caused solely by drivers acting irresponsibly. Others have additional factors, including poorly designed roadways. Our attorneys have fought cases that resulted not only in fair compensation for our clients but also removed pedestrian hazards that could have caused future accidents were they left in place.

Case Study: Estate of Q. M. v. City of Albuquerque

When the government uses tax dollars to provide public roadways and public facilities, there is an obligation—just like any ordinary citizen has—to make sure the property is safe for its expected use. The city of Albuquerque advertises itself as a bike-friendly city and promotes and encourages citizens to use its network of bike and walking paths. It spends public funds on contractors who are paid to make recommendations on necessary safety design improvements.

Unfortunately, even when they pay for safety advice and warnings about areas of concern, city officials do not always act on what they have learned. Consequently, at the intersection of Paseo del Norte Trail and Wyoming Boulevard, where there was a 45-mph zone with no light, no crosswalk, and virtually nonexistent signage, the safety warnings were ignored, and the danger was never fixed.

Q.M. was walking on the trail one morning and was not seen by a high-speed motorist. In fact, the motorist did not even realize there was a path crossing the road. At his speed, his collision with Q.M. resulted in fatality. Q.M.’s family came to us because they wanted to ensure both the driver and the city were held accountable so a similar accident would not happen to someone else. Improvements to the path were made before the scheduled trial, and the case settled.