Skilled Representation Ready to Hold Reckless Drivers Accountable for Auto Accident Injuries

In New Mexico, compensatory damages and punitive damages are two types of damages that injured parties can recover from at-fault reckless drivers.

Compensatory damages are funds paid to make up for the harms or losses that were caused, like medical expenses. Punitive damages are funds paid by the reckless or aggressive driver as punishment and to deter that particular person, and others like them, from engaging in reckless, willful and wanton conduct.

The amount of punitive damages you could recover will depend on the circumstances of your case and what happened, including the nature of the wrong and such aggravating or mitigating circumstances as may be shown. Depending on the circumstances, punitive damages can be substantial; up to or even 10x the amount of compensatory damages.

Today’s distracted driving extends far past simply eating behind the wheel or engaging with a passenger in the back seat. Using a mobile device while driving – whether it involves talking, texting, emailing or using apps like Instagram, Snapchat or TikTok – is classified as distracted driving.

Countless accidents across New Mexico are caused by those operating their smartphones instead of paying attention to the road. Fortunately, injured parties have recourse options and can seek compensation for their injuries.

Yes. After conducting an investigation, police can track down the hit-and-run driver that caused your accident. If the driver is subsequently identified and has auto insurance, you can file a claim with their insurance company for the losses that you sustained in the accident.

Alternatively, if the other driver cannot be located or identified, you may be able to bring an uninsured motorist claim with your own insurance company. You may seek compensation from your own insurance carrier for damages caused by a “phantom driver.” You may also be able to make a claim for punitive damages because the other driver engaged in criminal conduct by fleeing the scene of a crash with injuries.

Your insurance company cannot raise your rates because you make an uninsured/underinsured motorist claim. After all, this is also why you paid thousands of dollars in premiums – so they’d be there for you when you needed them.

If your own insurance policy denied your claim after the at-fault driver in your accident either could not be identified or had insufficient insurance coverage, do not lose hope.

Some insurance companies will deny or delay rightful claims. When this occurs, getting an experienced attorney with the knowledge required to deal with bad faith insurance claims is advised. Mr. Vance is a former insurance defense attorney. He knows the tactics they utilize and can review your policy and advocate on your behalf to determine eligibility.

Personal injury attorney Vance has been helping injured parties in Albuquerque, New Mexico, and the surrounding areas for many years. Born and raised in Santa Fe, he takes pride in helping New Mexico and its people.