Many different motor vehicle maneuvers have the potential to cause automobile accidents. Drivers are responsible for doing what they can to prevent collisions by driving cautiously and obeying signage, including signs that prohibit U-turns in certain places. A driver who fails to adhere to this duty of care could cause a serious U-turn car accident in Albuquerque.
If you get hurt in a U-turn accident in Albuquerque, it can benefit you to hire an accident lawyer in Albuquerque early on in the legal process.
When Are U-Turns Prohibited in Albuquerque?
A driver in Albuquerque may only make a U-turn where it is legal and safe to do so. Certain intersections and locations have posted signage specifically prohibiting U-turns. In addition, Albuquerque Code § 8-2-6-10 states:
“No vehicle shall be driven so as to make a U-turn, that is, turned so as to proceed in the opposite direction, unless the U-turn can be made in safety and without interfering with any other traffic, and there is no sign so prohibiting a U-turn.”
When making a U-turn, a driver must preemptively use a turn signal for at least the prior 100 feet, must be in the proper lane and must ensure the roadway is clear. A U-turning driver must yield to oncoming traffic in the intersection and cars that are close enough as to constitute an immediate hazard.
Common Causes of U-Turn Accidents
U-turns are one of the most dangerous traffic maneuvers because they put a driver in the middle of an oncoming lane of traffic for an extended period of time.
Common mistakes behind U-turn accidents include:
- Making a U-turn where prohibited
- Turning into oncoming traffic
- Misjudging the speed or distance of oncoming vehicles
- Failing to yield to bicyclists and pedestrians
- Making an improper or dangerous U-turn
- Cutting across multiple lanes
- Driving while distracted or intoxicated
The driver making a U-turn must carefully calculate whether he or she has enough time to safely complete the maneuver. Even a small miscalculation could result in a serious automobile accident.
Who Is Responsible for a U-Turn Accident in Albuquerque?
The driver who attempted to make the U-turn in the moments leading up to a crash will most likely be held responsible, as it is this driver’s legal responsibility to ensure the safety of the maneuver before entering the intersection.
Proof that the driver did not act with the same level of care that a reasonably prudent motorist would have under the same circumstances can establish fault and liability, or financial responsibility. However, it may also be possible to hold the other driver accountable in certain circumstances.
If the oncoming driver was running a red light or stop sign, speeding, driving while distracted, or making other dangerous mistakes, this could place all or part of the blame on him or her for a U-turn accident. An investigation of the crash may be necessary to assign fault.
Comparative Negligence and Shared Fault
In New Mexico, if two people share fault for a car accident, they can both be eligible for financial compensation. As the victim of a U-turn accident, this means you should not give up if you are allocated a percentage of the blame in addition to the other driver. You could still recover partial compensation.
Under New Mexico’s pure comparative negligence law, if a victim is given partial fault for an automobile accident, his or her financial settlement is reduced by a matching amount. If you are 15 percent at fault for a U-turn accident, for example, your settlement or judgment award would be reduced by 15 percent.
The “pure” part of the state’s comparative negligence law means there is no limit on the amount of fault that can be assigned to a victim, short of 100 percent. In “modified” comparative negligence states, there is a limit or cap that is typically around 51 percent, or the majority share of fault.
Common Injuries in U-Turn Accidents
U-turn accidents are often serious types of collisions, such as T-bone and head-on collisions. These accidents can lead to severe injuries and catastrophic levels of damage for those involved due to the speed and location of impact.
Common types of injuries include:
- Concussions
- Traumatic brain injuries
- Whiplash
- Soft-tissue damage
- Back and spinal cord injuries
- Broken bones
- Internal injuries
- Lacerations
- Burn injuries
- Amputation injuries
- Wrongful death
Injuries from a U-turn accident can lead to pain, stiffness, bruising, scarring, disfigurement and disability. The injuries may be immediately noticeable, or they could take hours or even days to show symptoms. Prompt medical care is important to catch hidden or delayed injuries.
Damages Available After a U-Turn Accident in Albuquerque
Filing a U-turn accident claim in New Mexico can help you become whole again financially. The damages, or compensation, that may be available depend on the losses you have suffered. There are three main types of damages: economic, non-economic and punitive.
Economic Damages
Economic damages make up for the monetary, tangible losses caused by a U-turn accident. They are determined based on the specific costs involved in recovering from the crash, such as:
- Medical bills
- Therapies and rehabilitation
- Ongoing or future health care
- Lost wages
- Lost earning capacity
- Property repairs
- Out-of-pocket expenses
There are no caps on economic damages in New Mexico for car accident cases. This means a crash victim can recover the full amount of his or her losses with help from an attorney.
Non-Economic Damages
Non-economic damages compensate a crash victim for his or her intangible losses after a U-turn crash. Examples include:
- Physical pain or chronic pain
- Emotional suffering or distress
- Mental anguish
- Loss of enjoyment of life
- Post-traumatic stress disorder
- Scarring or disfigurement
- Loss of consortium
Calculating non-economic damages is more difficult than economic damages, as they are subjective and don’t come with specific dollar amounts. They are typically based on the severity of the victim’s injuries.
Punitive Damages
Punitive damages are rarer in New Mexico than compensatory damages. They are only awarded when it is proven by the plaintiff (with clear and convincing evidence) that the defendant caused the injuries by gross negligence, fraud, recklessness or malicious intent to harm. A lawyer may recommend seeking punitive damages if your U-turn accident was caused by reckless driving, driving under the influence or willful misconduct.
How to Prove a U-Turn Accident Case
The burden of proof in a car accident case falls on the plaintiff or the filing party. When you file a claim against someone for causing your U-turn accident, you or your lawyer must provide evidence that establishes fault. Typically, fault involves negligence, or the failure to act with proper care.
Negligence has four elements of proof:
- Duty: a legal obligation or responsibility to behave in a manner that a reasonably prudent driver would have in the same circumstances.
- Breach: a failure to meet the defendant’s duty of care through a careless or reckless act or omission, such as violating a traffic law and making an illegal U-turn.
- Causation: a connection between the defendant’s breach of duty and the U-turn accident.
- Damages: actual losses suffered by the plaintiff because of the U-turn accident, such as bodily injuries or property damage.
It’s important to gather evidence that supports your U-turn accident claim, such as a police report, accounts from eyewitnesses, photographs and videos, lost wage records, medical bills, and expert testimony.
What Is the Statute of Limitations in Albuquerque?
There is a deadline for filing a car accident claim in New Mexico known as the statute of limitations. Under this law, claimants must initiate a lawsuit within three years of the crash, with rare exceptions. If the lawsuit is only for property damage and not bodily injuries, the victim has four years.
A wrongful death claim for a fatal car accident must be brought within three years of the date of death, which may or may not be the same date as the U-turn accident. If a case involves an injured minor, incapacitating injuries, a criminal case against the defendant or a government defendant, it may have a different deadline. It’s important to speak to an attorney without delay to avoid missing your filing time limit.
How to Protect Your Rights After a U-Turn Accident in Albuquerque
If you get hurt in a U-turn accident, you need to take certain steps immediately to start building your car insurance claim. You can protect your legal rights with these tips:
- Pull over and remain at the scene until you’ve fulfilled all of your driver responsibilities.
- Check yourself and others for injuries. Get medical attention without delay.
- Call 911 to report the U-turn accident to the police and request paramedics, if needed.
- Take pictures of the scene of the U-turn accident and look for video footage.
- Gather information from any vehicle passengers or eyewitnesses.
- Keep up with your medical care and collect copies of your related bills and records.
- Call the at-fault driver’s insurance company to file a claim. Don’t admit fault.
- Report the crash to your insurer. Don’t sign anything until you’ve talked to a lawyer.
Your financial future and much more could be on the line if you sustain a serious injury in a U-turn accident in Albuquerque. Speaking with a qualified car accident lawyer early on can give you important representation and guidance during the legal process.
How a U-Turn Accident Attorney in Albuquerque Can Help
At the Fine Law Firm, an attorney can take immediate steps to begin building your case, such as visiting the scene of the accident to collect evidence. A lawyer can also hire accident reconstruction experts to help prove liability.
You can count on a lawyer to handle claim negotiations or a car accident trial on your behalf while you focus on healing from your injuries. To discuss a particular U-turn accident with an attorney at no cost, contact us today to request a free consultation.