On Christmas Eve in Santa Fe, an individual was hit by a car and killed as a result of the accident. A local Santa Fe news report indicated that the victim has finally been identified after his family was notified. The 33-year-old man was walking near Cerrillos Road and Siler Road. He was crossing the street when the accident occurred. Unfortunately, he passed away after being hit by the car. A preliminary investigation has revealed that the man was not in a proper crosswalk when he was hit by the car. Since the man was not in the crosswalk when he was crossing the road, the driver of the car that hit him is not currently being charged with any crime.
Civil Liability Without Criminal Liability in New Mexico
If an individual was injured by the negligence of another party, he or she may be able to bring a negligence claim against that party if he or she can establish the elements of negligence. To bring a claim of negligence in New Mexico, the plaintiff must be able to prove that he or she was injured by another individual who owed him or her a duty of care, that individual breached that duty, and as a result the plaintiff suffered injuries and damages. Many people believe that if no criminal charges were pressed against the wrongdoer, a civil claim will not be successful. However, that is not the case because the legal standards for criminal negligence and civil negligence differ. Although it is easier to prove negligence if criminal charges were pressed, the absence of them is not a bar to recovery.
Many times, an individual may be held liable in a civil case even if the state refuses to press charges against him or her. What often happens in these cases is that the law of contributory or comparative negligence comes into play. This means that the judge or jury will look to the amount of fault between both parties to determine the damages that should be awarded.
Have You Been Injured Because of the Negligence of Another?
If you have been injured in a New Mexico car accident, and you believe the other party was negligent, you may be able to bring a suit against him or her for the damages you incurred. As mentioned above, it is easier to prevail if the individual is facing criminal charges for the same incident, but it is not necessary. One of the dedicated and experienced attorneys at the Fine Law Firm can counsel you on the suitable method of recovery and the likelihood of your success. An attorney is indispensable in these matters because he or she has the ability to strategically pursue your case. You may be entitled to monetary compensation for your past medical bills, your future medical expenses, and possibly other damages related to your injuries. Contact an attorney at the Fine Law Firm today at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Sleeping Driver Responsible for Fatal Lea County Accident, New Mexico Personal Injury Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Personal Injury Lawyer Blog, October 13, 2014.