Articles Posted in Personal Injury

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…

A state court in Albuquerque has ruled that the New Mexico legislature exceeded its constitutional authority in enacting the New Mexico Medical Malpractice Act to the extent that the Act restricts the right of plaintiffs to receive an unaltered jury verdict. The New Mexico Medical Malpractice Act does not limit recoveries for punitive damages, medical…

Courts can rule for or against parties as a matter of law by granting motions for summary judgment. If a motion for summary judgment is granted, absent a reversal on appeal, the issues it decides will not be presented to the trier of fact, which in New Mexico personal injury cases is often a jury.…

Prosecuting a case pro se, in other words on one’s own behalf, can be difficult for a litigant. A pro se plaintiff suing Hershey for an injury he alleged occurred when he bit into a chocolate product that contained a metal item recently sought a stay for a second time. A successful motion to stay…

The United States District Court for the District of New Mexico recently denied a motion to remand to state court a New Mexico premises liability case based on damages from a slip and fall. An injured child, who was seven years old at the time of the accident giving rise to the lawsuit, was alleged…

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…

In early January 2018, the continental United States experienced record-breaking weather conditions. Snow came down in parts of the country that usually enjoy mild winters, including Florida, where, reportedly, the cold caused iguanas to lose their grips and fall out of trees. Inclement weather and the hazards it poses to health and safety can be…

New Mexico residents share the roads with commercial vehicles, including trucks. Among concerns are accidents caused by truck driver fatigue. There are resources available to educate truck drivers, who are often under pressure to drive longer hours by their employers. Technology in the shipping and trucking industries is rapidly advancing. Tesla debuted in November 2017…

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…