Articles Posted in Car Crashes

Defendants sued in state court in New Mexico personal injury cases will often prefer to litigate in federal court. Under some circumstances, defendants can successfully remove cases filed by plaintiffs in state court, thereby changing the plaintiffs’ chosen forum. But this is not always the case because federal courts are courts of limited jurisdiction. In…

Recently, the Court of Appeals of the State of New Mexico upheld a jury’s verdict and the denial of a defense motion for a new trial or a remittitur of the damages awarded by the jury. The appellate court declined to use mathematic ratios as the basis for reversing a jury award, and also affirmed…

Proposed federal legislation could prevent states including New Mexico from regulating the safety of autonomous vehicles. These vehicles are sometimes referred to as “driverless.” If the proposed federal laws are enacted, they could limit the role of states to registration and licensing of driverless vehicles and oversight over safety inspections, traffic laws and crash investigations.…

New Mexico’s Department of Transportation recently held a summit on autonomous vehicles. The theme was that New Mexico needs to be ready. Semi-autonomous vehicles are operated with a driver behind the wheel. Some semi-autonomous vehicles are already on the roads. Fully autonomous vehicles are anticipated to hit roads in the coming years – cars and…

The United States District Court for the District of New Mexico recently denied a motion to dismiss brought on behalf of an insurance company that sought the dismissal of a class action complaint. The class action complaint sought recovery of damages against an insurance company based on several theories of liability, including the sale of…

The Albuquerque Journal ran an article recently about the outcome of courtroom monitoring in New Mexico drunk driving cases, which led to reporting to the New Mexico Department of Transportation (NMDOT). The monitoring of 1,106 cases across six New Mexico counties was part of an initiative by Mothers Against Drunk Driving (MADD). The initiative has…

Drinking while intoxicated by alcohol reduces the ability of a driver to control a moving vehicle and judge distances, speeds, and movements of other vehicles on the road. Under New Mexico’s DWI laws, it is illegal for drivers who are 21 years old and older to drive with a breath or blood alcohol concentration of…

Recoveries of monetary damages can be had in New Mexico by way of financial compensation for injuries sustained in accidents in moving vehicles. Injuries can be worse when people are not wearing seat belts. Currently, New Mexico law does not require school buses to be equipped with seat belts. A New Mexico school bus accident…

Accident victims who successfully prove liability, or legal fault, in a New Mexico truck accident case may be awarded several types of damages. Compensatory damages are a common type of damages, which includes lost wages, costs of medical care, and emotional pain and suffering. Compensatory damages serve the purpose of placing the accident victim in…

People hurt in a New Mexico car accident have the right to pursue legal remedies against all at-fault parties for causing their harm. Often, car accident legal claims are filed under a negligence theory of law. Negligence is a failure to act reasonably, under the circumstances. Careless drivers who speed or drive distractedly may be…