Drunk driving accidents and wrongful death in Albuquerque New Mexico.

New Mexico – May 3, 2022

The National Highway Traffic Safety Administration (NHTSA) projected that an estimated 31,720 individuals suffered fatal injury due to motor vehicle crashes from January through September of 2021. That data represents an increase of about 12% from the first nine months of 2020 and represents the highest number of fatalities in the first nine months of any year since 2006 according to Fatality Analysis Reporting System (FARS) data. In addition, many of New Mexico’s drivers are uninsured at 21.8% according to the Insurance Information Institute data reporting from a 2021 study. This is a dangerous situation for drivers who are involved in accidents and suffer catastrophic or fatal injury. Victims may wonder: “Where can I find attorneys near me?” when they need assistance for harmful loss caused by a drunk driver in Albuquerque.

Wrongful death.

New data shows in 2021, the families and friends of 110 New Mexicans were impacted by drunk driving when their loved one was killed in a crash. New Mexico Statute Section 41-2-1 defines a wrongful death as one that is “caused by the wrongful act, neglect, or default of another.” The definition includes deaths caused by a wrongful act that amounts to a felony under New Mexico law. Since victims who suffer fatal injury cannot bring personal injury claims to court, the survivors of the deceased person must bring the claim to court to establish the defendant’s liability and to seek damages. If a criminal case is filed based on similar facts due to an accident caused by drunk driving, a wrongful death claim may still be brought to civil court. It is prudent to talk with a drunk driving accident lawyer because a criminal case can affect a wrongful death claim in many ways.

Who files a claim?

Wrongful death actions can be brought by a personal representative of the deceased for compensatory and exemplary damages considering the pecuniary injury resulting from the death to the survivors. Distributions of any proceeds will be given to:

• if there is a surviving spouse and no child, then to the spouse.
• if there is a surviving spouse and a child or grandchild, then one-half to the surviving spouse and the remaining one-half to the children and grandchildren, the grandchildren taking by right of representation.
• if there is no spouse, but a child or grandchild, then to such child and grandchild by right of representation.
• if the deceased is a minor, childless and unmarried, then to the father and mother who shall have an equal interest in the judgment, or if either of them is dead, then to the survivor.
• if there is no father, mother, husband, wife, child, or grandchild, then to a surviving brother or sister.

Personal injury and insurance.

Fiscal responsibility for damages will be determined under New Mexico’s “fault” system, meaning the person who was legally at fault for causing the accident must compensate anyone who was injured or whose property was damaged. Negligence will be easier to prove if the other driver was found guilty of drunk driving.

Damages.

In fatal accidents the surviving family members have a right to sue seeking compensation for the survivors, such as lost wages from the deceased, lost companionship, and funeral expenses.

Seek legal counsel.

Damages will be high for injured parties after a fatal car accident where criminal and civil actions may drag out, so it is imperative to hire experienced drunk driving accident attorneys in Albuquerque who can help navigate the way toward a comprehensive settlement or jury award when a wrongful death has upended surviving loved ones and devastated a family’s financial stability.

Sources:

1. Facts + Statistics: Uninsured motorists | III
2. https://www.nhtsa.gov/press-releases/traffic-fatalities-estimates-jan-sept-2021
3. 2021 named deadliest year on New Mexico roads (krqe.com)