In New Mexico, every driver must use reasonable care to prevent accidents. Unfortunately, most of us have been on the road with a driver who does not drive defensively but instead cuts in front of vehicles with insufficient space, weaves in and out of traffic, tailgates, speeds, races strangers, or otherwise endangers the lives of everyone else on the road. The consequences of this type of driving can be devastating. If you have been hurt in an accident caused by a reckless driver in New Mexico, the experienced Albuquerque car accident lawyers at the Fine Law Firm may be able to help you pursue compensation.
Common Examples of Aggressive Driving in New Mexico
Aggressive driving describes a motor vehicle operator driving in a way that is violent or hostile, often with the purpose of causing harm or “sending a message” to others on the road. Aggressive driving often ends in road rage incidents and serious car accidents.
Examples of aggressive driving behaviors include:
- Excessive speeding or racing
- Tailgating (intentionally following other cars too closely)
- Brake-checking
- Weaving in and out of multiple lanes
- Cutting off other drivers
- Blocking in other cars
- Unsafe or illegal passing
- Running a red light or stop sign
- Yelling at a driver or instigating a physical altercation
Aggressive drivers may engage in any of these actions or behaviors with either malicious intent to harm or a reckless disregard for the safety and health of others. Either way, if they violate traffic laws or endanger people or property in Albuquerque, they could face legal consequences.
Typical Injuries Caused By Aggressive Driving Accidents
Aggressive drivers commit acts that come with a high risk of causing serious collisions. Risk factors such as speeding and reckless driving can cause accidents such as T-bone collisions, head-on collisions, intersection accidents, high-speed collisions and multi-vehicle pileups. Major accidents can inflict life-changing injuries, such as:
- One or more broken bones
- Soft-tissue damage, such as muscle injuries
- Whiplash and cervical spine injuries
- Back and spinal cord injuries
- Paralysis or long-term nerve damage
- Disk herniation or rupture
- Internal injuries or bleeding
- Traumatic brain injuries
- Deep lacerations or severed tendons
- Burn injuries
- Amputation injuries
Sadly, aggressive or erratic driving in Albuquerque often leads to fatal car accidents and wrongful deaths. If an aggressive driver causes serious bodily injuries, expensive property damage, or one or more deaths, he or she can be held liable.
How Do You Prove a Negligence Claim Against an Aggressive Driver?
Most personal injury cases involve negligence, and it is possible that what you perceive as aggressive driving will be found to be negligent by a jury. To establish negligence, you would need to show duty, breach of duty, causation and damages.
In general, all drivers owe others a duty to drive safely while obeying traffic rules and taking road conditions into account. If someone drives aggressively, that is likely a breach of the duty of care. If the aggressive driving causes someone else’s injuries, the aggressive driver may be liable for damages.
Aggressive Driving vs. Reckless Driving in New Mexico
Reckless driving involving the willful or wanton disregard of others’ rights is a criminal violation under § 66-8-113 NMSA. If someone is cited for criminally reckless driving, negligence per se may apply.
To establish negligence per se, the plaintiff must show that a statute defines a standard of conduct or prohibits certain actions, the defendant violated the statute, the plaintiff is in the class of people that the legislature tried to protect with the statute, and the harm the plaintiff suffered is of the type the statute is designed to prevent.
Negligence per se is helpful to plaintiffs because it means that they do not have to prove that the defendant’s actions were a breach of duty. The standard of conduct and what constitutes a violation of it is set forth in the law.
Financial Compensation Available After an Aggressive Driving Accident
If you can establish negligence or negligence per se, you may be able to recover economic and non-economic damages. Economic damages are types of tangible damages such as medical bills, lost wages, and out-of-pocket costs.
Non-economic damages include loss of enjoyment in one’s usual activities and pain and suffering. While economic damages are often consistent regardless of the jury evaluating them, non-economic damages can vary depending on the jury.
Punitive Damages May Be Available From an Aggressive Driver
In some egregious cases, a victim may be able to recover punitive damages in addition to compensatory damages. Punitive damages are damages that are awarded to punish the aggressive driver and deter further recklessness.
Juries can award punitive damages when they find a defendant acted maliciously, willfully, recklessly, or wantonly. Reckless actions are those that are done intentionally with indifference to what might happen as a result. Aggressive driving can fall under this category.
What to Do After an Aggressive Driving Accident in Albuquerque
The crash scene of an aggressive driving accident in Albuquerque can be a chaotic, confusing and overwhelming place. If the only thing you’re able to do is receive treatment in an ambulance, don’t worry about gathering information or evidence. A qualified attorney from The Fine Law Firm can investigate and build a case for you.
If you are able to take a few key steps, however, this can help strengthen your injury claim against an aggressive driver:
- Do not try to speak to or confront the aggressive driver.
- Call 911 to report the crash to the Albuquerque Police Department.
- Remain in your vehicle with the doors locked and wait for the police to arrive.
- File a police report describing the other driver’s behaviors.
- Don’t admit fault or apologize for the accident.
- When it’s safe to exit your vehicle, take pictures of the crash scene.
- Exchange information with eyewitnesses to gather statements.
- Report the accident to your car insurer and the other driver’s insurance carrier.
- Don’t give the other driver’s insurance company a recorded statement.
- Contact The Fine Law Firm before signing anything.
In New Mexico, an aggressive driver could face criminal charges as well as civil liability after causing a car accident. If there is a criminal conviction involved in your case, you may be able to use this as evidence for your injury claim. Our lawyers can help collect all available evidence against an aggressive driver so that you can seek justice with the strongest claim possible.
When Should I Call an Accident Attorney?
Aggressive driving can have devastating consequences, including catastrophic injuries or a tragic death. Unfortunately, in many cases, the only thing that stops an aggressive driver from continuing to drive recklessly is actually injuring someone, being held responsible for it, and paying damages.
If you were hurt in a motor vehicle collision caused by a New Mexico driver, contact the Albuquerque personal injury attorneys at the Fine Law Firm. If your accident involved a semi truck or commercial vehicle, our New Mexico truck accident attorneys will be able to help you find the best path to compensation. Commercial vehicle claims often have a different set of standards to take into consideration than a normal car accident claim.
For more information, contact us today at (505) 243-4541 to set up a free consultation. The Fine Law Firm also represents accident victims in Rio Rancho and elsewhere in New Mexico.