Albuquerque Pedestrian Accident Attorney
There are a lot of great places in Albuquerque to take a stroll. You could head over to Old Town or visit Nob Hill. There’s always something happening over at University Heights or Barelas. Bottom line: If you want to get out and explore the city, you’ve got options.
You just have to play it safe.
No matter where you’re walking in Albuquerque, the moment you head out on foot, you’ve got to be aware of your surroundings, especially when it comes to crossing the streets.
You might be looking out for yourself, but that approaching driver is going to be more focused on the road ahead and might not be looking to their side. They could also roll up to an intersection, reaching for their phone. That’s when accidents happen.
Just because you’re crossing the street doesn’t automatically mean you are at fault in a pedestrian accident. Even if you’re found to be partially to blame, you can still seek compensation for your medical bills or any time you missed from work. In order to secure a fair settlement, you’ll want to speak with an Alburquerque personal injury lawyer who understands the laws and how the insurance companies operate.
The lawyers at Barrera Law Group LLC have helped numerous clients secure the compensation they are entitled to due to a driver’s negligence. As an injured pedestrian, you should know your rights and what you’re entitled to seek.
Albuquerque Pedestrian Laws
The best approach for filing a strong pedestrian injury claim is to be backed by the law.
Albuquerque traffic codes are clear: “Stop For Everyone.” That means if a pedestrian, wheelchair user, or cyclist is in a marked or unmarked crosswalk, vehicles must stop.
Additionally, drivers are explicitly banned from overtaking and passing any vehicle that has stopped at a crosswalk or intersection to allow a person to cross. To maximize line-of-sight safety for crossing pedestrians and approaching drivers, parking is illegal within 50 feet of a crosswalk.
These laws also stipulate the responsibility for pedestrians in the following ways:
- Approved Crossings: Pedestrians must use designated and approved crossing zones rather than jaywalking into traffic unexpectedly.
- Sudden Movements: Pedestrians can’t suddenly leave a curb or safe zone and walk or dart into the path of an oncoming vehicle or a cyclist that is too close to stop safely.
- Shared Rights: Albuquerque treats pedestrians, wheelchair users, people with strollers, cyclists, and scooter riders as vulnerable road users entitled to added protection.
Why Albuquerque Streets Are So Dangerous for Pedestrians
Despite the best efforts of the state to enact helpful laws, New Mexico has the highest pedestrian death rate in the country, with a rate of 4.97 per 100,000 in 2023 based on information gathered by Source NM.
Sadly, among the top ten intersections with the most pedestrian crashes, eight can be found in Albuquerque.
Those are:
- Central & Louisiana (the state’s most dangerious, with 25 pedestrian crashes in 2024)
- Central & San Pedro
- Central & Eubank
- Central & Wyoming
- Central & Coors (NM 45)
- San Mateo & Montgomery
- I-40 & Fourth
- I-40 & Second
Even though those intersections are the most dangerous, you need to be alert at any intersection.
Common Causes of Pedestrian Injuries in New Mexico
When filing a pedestrian accident claim, you have to provide the details of what happened. That helps support who you can hold accountable. Which of the following common causes are central to your accident?
Failure to Make a Complete Stop
Drivers must come to a complete stop at an intersection. A rolling stop is still a violation, and it’s especially dangerous for pedestrians who step off the curb expecting the car to stop.
Failure to Yield in Crosswalks
At crosswalks, drivers must yield to pedestrians in the crosswalk before proceeding through the intersection. That is especially important when approaching a school or park.
Speeding
Speeding increases the risk of an accident. When a driver speeds, their focus on the road ahead becomes smaller. It is also more challenging to come to a complete stop if someone suddenly steps into a crosswalk.
Backing Out
In parking lots and driveways, drivers need to check their rearview mirrors and blind spots as they back out of their spaces. A pedestrian or cyclist may not always be aware that a car is backing out, but a driver should be aware when one is approaching.
Distracted Driving
Texting, making calls, eating, drinking, smoking, changing GPS, and daydreaming can all be distractions for drivers who might feel like they can do something else when approaching an intersection. Unfortunately, taking your eyes off the road or the steering wheel for a fraction of a second can end in tragedy.
Driving Under the Influence of Alcohol or Drugs
Drivers who are intoxicated behind the wheel will exhibit impaired judgment that slows down reaction time and alertness. That increases the risk of harming pedestrians.
Poor Visibility
Unlike cyclists, pedestrians usually don’t think to wear reflective clothing at night. Bad weather and big trucks obstructing views can also reduce visibility and lead to accidents.
Driver or Pedestrian Aggression
An aggressive driver is more likely to take risks that can lead to an accident. The same can be said for pedestrians who might run into a crosswalk, which can also trigger an accident.
Recovering Compensation for Catastrophic Pedestrian Injuries
If you are struck by a vehicle while crossing the street, you’ll most likely need to visit an emergency room or urgent care. That is when the bills start. When a driver’s negligence causes that injury, you’re entitled to seek compensation for your injuries. Here’s what you can seek:
Economic damages: These cover every expense associated with a receipt. That includes past and future medical bills, hospitalization, surgeries, rehabilitation, and prescriptions. You’re also entitled to be reimbursed for any lost wages or reduced earning capacity.
Non-economic damages: Non-economic damages compensate you for your experiences. That includes physical pain, emotional trauma, permanent disfigurement, and loss of quality of life because of the accident.
Punitive damages: These are extra damages awarded in cases involving severe recklessness, such as drunk driving.
The attorneys at Barrera Law Group LLC have helped many clients calculate the full scope of their injuries and losses. It is vital that you get that number right. Yes, that number will go through negotiations, but once you agree to the settlement, you won’t be able to ask for more money down the road.
How Our Albuquerque Pedestrian Accident Lawyers Protect Your Rights
New Mexico follows a pure comparative negligence system.
That means you can recover compensation in a pedestrian accident claim even if you are found to be partially at fault. It also means the insurance company will try to shift some of the blame onto you. If successful, the amount of compensation you’ll be paid will be reduced. That is why you need to fortify your claim.
Barrera Law Group LLC can help with that goal.
We’ve helped many Albuquerque residents pursue their claims against negligent drivers who have caused them harm. We take on a claim because we believe in the client and are confident in the outcome.
If you’ve been injured in a pedestrian accident, we want to hear from you. Reach out to our offices to schedule a free consultation. You’ll be able to get all your questions answered about potential compensation, timelines, and the merits of your claim.
We’re standing by to listen and offer support.