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In a recent opinion, a court held in favor of an injured driver who sued their insurance company after filing a claim with the company and receiving a very small amount of damages. The case stemmed from a 2007 accident in which the driver was rear-ended by another vehicle. Sadly, the accident caused serious harm to…

The Maine Supreme Judicial Court released an opinion earlier this month regarding a tragic accident that resulted in the death of an employee who was driving a rental truck on behalf of his employer. The accident occurred in 2011 when the driver slid off an icy road. The victim’s family filed a personal injury…

Earlier this month, a Maryland appellate court issued a written opinion involving the death of a young boy who had been drinking at a friend’s home. In the case, Kiriakos v. Phillips, the court determined that under a traditional negligence analysis, an adult who knows that minors are consuming alcohol on their property has…

Earlier this month, the Supreme Court of Appeals of West Virginia released its opinion in a case stemming from a car accident. According to the opinion, the plaintiff and the defendant were involved in a car accident in the parking lot of the plaintiff’s place of employment. The plaintiff brought a personal injury lawsuit…

New Mexico is a scenic state that has a lot to offer to both tourists and residents. Many people travel the New Mexico highways to explore all that the state has to offer. However, as a result, the roads are often filled with out-of-state drivers, inexperienced drivers, and fatigued/distracted drivers. All of those combined…

Any time someone is injured in a New Mexico accident, they are entitled to file a negligence claim against any and all parties they feel were responsible for their injuries. However, before an injured party is allowed to recover for their injuries, that party must prove certain elements. One of the most often contested…

The United States Court of Appeals for the Seventh Circuit released its opinion in a personal injury case earlier this month. The case arose from a 2011 accident in which a woman drove through a stop-sign and caused a multi-vehicle accident. The plaintiff in the case was a motorist who was driving with two passengers….

With the prevalence of ride sharing and privately operated car services, discussions regarding the rights and liabilities of those injured by or as passengers in these vehicles have begun to make headlines. Although taxi cabs have been around for decades, the increased availability of private driving services has resulted in many legal questions. A recent…

Over the past 18 months, auto manufacturers have announced numerous recalls, reaching into the millions of vehicles. These recalls have involved a number of issues, ranging from faulty ignition switches to airbags that sporadically deploy without warning. In a recent case brought by a couple who sustained minor injuries in a Saturn Sky, the…

In New Mexico, in order to prove a case against a negligent driver, the plaintiff must show four main elements. Simply stated, these are: duty, breach, causation, and damages. The most often overlooked element of a negligence claim, surprisingly, is the damages element. However, it is also one of the most vital. Establishing that…