Speeding is a common infraction in New Mexico, but that does not make it any less dangerous. Speeding laws exist to combat the extreme risks posed by operating a vehicle too fast for conditions. If you get into a car accident caused by speeding in New Mexico, you may be eligible for financial compensation from the speeding driver’s car insurance company and our Albuquerque motor vehicle accident lawyers can help.
What Is the Definition of Speeding in New Mexico?
“Speeding” according to New Mexico Statutes Section 66-7-301 means to drive a vehicle at a speed greater than the posted speed limit. This limit is no more than 75 miles per hour (mph) on highways, 30 mph in business and residential zones, and 15 mph in active school zones. Speed limits can also change in construction zones and other safety zones.
Speeding also refers to driving too fast for conditions. Drivers have a legal responsibility to control the speeds of their vehicles based on road, traffic and weather conditions to avoid collisions with others. This may mean driving below the posted speed limit in dangerous conditions, such as heavy traffic or bad weather.
The Dangers of Speeding
A motor vehicle is a deadly weapon. All drivers have an obligation to drive with care and in accordance with New Mexico’s traffic laws to help prevent fatal accidents. Speeding is a serious traffic violation that can dramatically increase the risk of collisions with people, vehicles and fixed objects.
When traveling too fast, a vehicle is more difficult to control. It has increased stopping distance, for example, and greater reactivity to the steering wheel. This can result in a speeding driver losing control of the car and causing a serious accident. Speeding also reduces reaction times, increasing the odds of collisions.
Speeding not only enhances the risk of automobile accidents but also the severity of collisions that do occur. The higher the speed of a motor vehicle, the greater the force of the collision. When this force is imparted on the passengers of the car, it can cause severe to catastrophic injuries and fatalities.
How to Prove Fault for a Speed-Related Car Accident in Albuquerque
Proof of speeding is often enough to place fault and liability, or financial responsibility, with the driver who was traveling too fast. Since New Mexico is a fault car insurance state, proving fault is necessary before a victim can receive financial compensation.
If you need to prove that another driver was speeding and that this caused your crash, look for the following types of evidence:
- The police car accident report
- Citations issued against the other driver for speeding
- Traffic camera or dashcam footage of the accident
- Photographs from the crash scene
- Eyewitness accounts
- The extent of the damage to both vehicles
- Injury severity and related medical records
- Testimony from accident reconstruction experts
- The vehicle’s black box or data recorders
Hiring a car accident lawyer can make it easier to gather the evidence you need for a strong injury claim after a speeding accident. Your lawyer can preserve and present evidence proving speeding while you focus on healing from your injuries.
Common Injuries Caused by Speeding Accidents in Albuquerque
Car accidents cause injuries due to the force of the impact, which is imparted into the human body in the collision. Higher speeds equal greater crash forces. As an outcome, injuries are more severe. Sadly, this means speed-related accidents tend to cause serious, catastrophic, life-threatening and fatal injuries.
Common injuries suffered in speeding accidents include:
- Multiple bone fractures
- Traumatic brain injuries
- Spinal cord injuries
- Nerve damage and paralysis
- Internal bleeding or organ damage
- Amputation injuries
- Crush injuries
Speeding accidents can cause extreme trauma to the human body. Many victims suffer long-term damage, permanent injuries, disabilities and fatal injuries due to speeding drivers. In these cases, it’s even more important to work with a lawyer during the car accident claims process.
What Damages Can You Recover After a Speeding Accident in New Mexico?
In New Mexico, a car accident claim could result in financial compensation or damages for a victim’s economic (monetary) and non-economic (non-monetary) losses. The goal is to pay the victim back enough to make him or her whole again, or to repay the victim for everything lost due to the crash.
Available damages can include:
- Medical expenses: all necessary medical care, such as hospital bills, rehabilitation, physical therapy, emergency services, ambulance fees, medications, medical devices, disability accommodations and future medical costs.
- Property damage: the cost to repair a damaged motor vehicle, or (more common in speeding accident cases) the full pre-crash value of a totaled car.
- Lost wages: earnings and income lost from having to take time away from work to recover, as well as lost capacity to earn if there are any long-term injuries.
- Pain and suffering: any non-economic damages suffered by the victim, which may include pain, distress, emotional injuries, mental trauma or psychological damage.
Depending on case factors and the victim’s circumstances after the accident, compensation may also include wrongful death damages for surviving loved ones, loss of consortium (emotional harm suffered by family members) or punitive damages (compensation granted to punish a defendant for serious wrongdoing).
What to Do After Being Hit by a Speeding Driver in Albuquerque
If you get into a car accident involving a speeding driver in Albuquerque, it’s important to take the correct steps to protect your rights and start building a strong injury claim from the very beginning. You can avoid common mistakes with the right tips.
If you can, here’s what to do:
- Ensure your safety by moving your car to a location away from oncoming traffic.
- If you feel symptoms of a possible spine injury, limit your movements until paramedics arrive.
- Get immediate medical care.
- Call 911 to report the speeding accident to local police.
- Don’t admit any fault for the collision.
- Exchange car insurance and contact information with the driver who was speeding.
- If there are vehicle passengers or eyewitnesses, write down their information.
- Document the scene by taking pictures.
- Notify your car insurance provider of the accident.
- File a claim against the speeding driver’s car insurance policy.
Be aware that the insurance company will not want you to maximize your settlement. Be prepared for challenges against your claim, such as attempts to blame you for the accident or downplay your serious injuries. Protect yourself by contacting an attorney from The Fine Law Firm as soon as possible for a free review of your speeding accident case.
Contact Us for a No-Cost Speeding Accident Case Consultation
At the Fine Law Firm, an attorney can also use aggressive negotiation techniques to demand high compensation for serious injuries from an insurance provider. The right lawyer can make a major difference to the outcome of your speeding claim. For a free car accident case review in Albuquerque, contact us today.