How does New Mexico’s wrongful death statute help the families of people killed by a drunk driver in Albuquerque?
Many news stories about drunk drivers recount the details of someone crashing into another car while they are intoxicated and killing others. In these terrible situations, the only thing a family can do from a legal standpoint is to follow through with the procedures for a civil lawsuit related to the wrongful death of their relatives and assist in any criminal investigation of the suspect.
Three people died in a car accident after being hit by a drunk driver in Albuquerque, New Mexico.
Driver runs through a red light while drunk and kills three others
The Albuquerque Police Department believes that an intoxicated 23 year old male suspect was driving on I-25 Frontage Road just after midnight. When he reached an intersection at I-40 Frontage Road, he ran through a red light and struck another vehicle. The passengers of that vehicle were two males and one female all in their twenties. They were all killed as a result of the impact. The police stated that the suspect was extremely intoxicated when they arrived, and he will be charged for aggravated DWI, three counts of vehicular homicide, and a traffic citation for running through the red light. The documentation related to the criminal investigation states that the suspect had admitted to drinking, and he was tested through physical exercises on the scene and a chemical blood alcohol test. The results of those tests were not released to the public.
The suspect was also transported to a local hospital and treated for injuries, one witness stated that he was walking with a limp. He had been in the local news previously for criminal charges stemming from an assault on a police officer a year earlier.
What is a wrongful death lawsuit?
The civil law provides a specific course of action for the surviving family members of someone killed through the fault of another to receive compensation, because the victim is no longer available to file a case on their own. This is called a wrongful death lawsuit, and each state has slightly different rules for what family members can make a claim on behalf of the deceased person and the procedures they need to follow.
New Mexico’s wrongful death statute states that spouses and children are first entitled to make a claim on the deceased person’s behalf, and other family members can receive priority to do the same if an immediate family member such as a spouse or child is not available. Parents and siblings can also make the claim if this first line of family members is missing.
The state law covering this issue is also very strict regarding deadlines, so it is important to speak to an attorney as soon as the death is discovered. Waiting too long or missing deadlines can essentially take away a family’s ability to sue. Rules regarding damages are slightly different in wrongful death claims than in normal personal injury claims. However, keep in mind that the amounts paid out are essentially meant to cover a person’s entire earnings for the rest of their life, as well as medical expenses, which can become very large.
Get help from a local Albuquerque attorney today
There are lawyers in the Albuquerque area who are experts in traffic laws, drunk driving laws, and filing wrongful death claims. It is possible to speak with them after an accident and receive advice about the best course of action and the process to file a lawsuit.
