All it takes is one distracted driver to change your life forever. Maybe you are walking down the sidewalk, headed on your way to lunch with friends when a car jumps the curb and slams into you. Or maybe you are stopped at a traffic light, and the driver behind you is too busy texting to stop in time, and they rear-end your vehicle while traveling at a considerable speed.
In its most recent report on the matter, the National Highway Traffic Safety Administration (NHTSA) reported 2,841 deaths were the direct result of distracted driving. Among the deaths were 1,730 drivers, 605 passengers, 400 pedestrians, and 77 bicyclists.
Distracted drivers are not the only risk factor for being involved in a car accident in Alberquerque that results in serious injury or death. Anyone who has driven on I-25 knows the risk is real of encountering aggressive, distracted, and even inebriated drivers. Drunk driving and driving while under the influence of drugs are responsible for thousands of injuries and deaths each year. Speeding, aggressive driving, and driving while drowsy also are considered risky driving practices.
Accidents involving vehicles are just one of many ways people sustain the kind of injuries that require a personal injury lawyer. Any catastrophic personal injury caused by the negligence of others is reason enough to consult with an attorney who specializes in such cases.
Personal injury lawyers provide legal services to individuals who have received physical or psychological injuries because of the carelessness of another entity. The other party could be a person, a company, or a government agency.
If you or a loved one have suffered a catastrophic personal injury, it is advisable to contact a personal injury lawyer right away. It is never too soon to reach out to an attorney. If you or a loved one are seriously injured, it is ideal to speak with an attorney before insurance companies get involved. A qualified personal injury lawyer can assist clients with filing a claim to ensure coverage is not denied.
While personal injury lawyers are trained in all facets of the law, they specialize in tort law, which focuses on personal injury. They are a better asset to have in your corner than an attorney that does not concentrate on personal injury law.
A personal injury lawyer will interview you and assess your case, then follow up with recommendations on how to proceed. While most personal injury lawsuits are settled out of court, your attorney will begin to collect the necessary information and evidence needed should your case advance to a court hearing stage.
Romero Law Firm’s team of personal injury lawyers are well versed in tort law and can assist in helping to build a case for clients who have suffered a personal injury due to the negligence of others.
There are many instances when hiring a personal injury lawyer is in your best interest. Maybe you were involved in an automobile accident that was the fault of the other driver. Maybe you were hurt on the job because your employer failed to ensure the equipment you were using met Occupational Safety and Health Administration (OSHA) regulations. Maybe you slipped and fell on an uneven sidewalk outside your favorite restaurant. Regardless of the reason for the injury, there are five times when hiring a personal injury lawyer is in your best interest.
When you suffer an injury, one of the first things insurance company adjusters do is determine who is at fault. In other words, they examine the evidence and decide if the person suffering from the injuries is at fault or if a third party’s negligence was the cause.
One of the biggest sources for insurance companies, especially if a car or motorcycle is the cause of the injuries, is a police report if one was filed. Whether you are involved in a small fender bender resulting in minor injuries, or a serious crash resulting in a trip to the hospital, it is important to report it to the police so they may conduct an investigation. The parties involved in the accident will not have a choice in contacting the police if the accident results in the closing of a major roadway or other interruptions to the normal flow of traffic. But when given a choice, if you believe another party to be at fault, insist on calling the police.
There are two kinds of motor vehicle accidents where the fault is automatically assigned to a specific driver under a provision known as admitted liability.
Police investigators will conduct an initial investigation at the scene, and then provide a report with details of the accident and determination of which party was at fault. Sometimes the police will issue a citation or a ticket to the at-fault party if the accident was the result of a violation of motor vehicle law. When a ticket or citation is issued, insurance adjusters generally use it as evidence. If one is not issued, the adjuster will examine the other notations from the police to determine whether one or both parties contributed to the accident.
There are times when insurance adjusters will try to argue the accident was not the fault of their insured driver. They may claim their insured did not break any traffic laws or statutes resulting in the accident or cite a law or statute that excuses the other party’s conduct behind the wheel. If this happens, your lawyer can demand a copy of the law, statute, ordinance, or other legal rules the adjuster is citing to be used to appeal the claim or as evidence in a court case.
Personal injury lawyers can request a copy of any official police report and use it to help secure compensation and benefits on your behalf.
Determining who is at fault for workplace injuries often turns into a blame game. It is why if you have been injured on the job, it is imperative to contact a personal injury lawyer right away. As with automobile accidents, it is in the injured party’s best interest to have a skilled attorney evaluating all documentation and requests for information on your behalf before anything is provided or agreed on. Do not accept any offers to settle your claim without speaking to an attorney to ensure you are receiving all the compensation and benefits for which you are eligible. If you are part of a union at your job, they may assist in finding legal representation. Ultimately, it is up to the injured party to determine who they would like to represent them.
The Occupational Safety and Health Act of 1970 (OSHA) states it is the responsibility of all employers to maintain a safe working environment that is free of any field-specific hazards. If an employee’s injury is the direct result of the employer’s failure to follow the regulations in this act, they are not only liable for the worker’s injuries, they also may be subject to citations, fines, and other penalties from OSHA for failure to comply.
Sometimes employers will contest fault for an on-the-job accident resulting in injury. There are times when an employer can successfully prove the fault lay with the worker. Some examples:
When an accident happens on the job, OSHA will be called in to investigate. Any findings or reports from OSHA must be obtained by your attorney for later use if necessary. As with police investigating a motor vehicle accident, OSHA inspectors will thoroughly examine the incident to determine fault. There are 10 most frequently cited standards by OSHA investigators relating to workplace safety. If any of them are mentioned in the official OSHA report, your attorney can use that in your favor.
Personal injury lawyers are plentiful, but their qualifications and experience vary. Before being allowed to practice law in New Mexico, attorneys must complete law school and pass the New Mexico State Bar Exam. Some areas of practice require additional legal specialty certification, but personal injury law is not among them.
There are some key qualities to look for in a personal injury lawyer.
At Romero Law, our clients’ fights are our fights. We understand that dealing with personal injuries as a result of someone else’s negligence can be a traumatic and exhausting process. We will never add to your burden. It is our goal to make every consultation as stress-free as possible for our clients.
Our promise to our clients:
You can trust our team of experts to provide strong and diligent representation on your behalf. Our team will provide a free, no-obligation consultation. Contact us online or by calling 505-595-2100.
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