Albuquerque Pedestrian Accident Attorney

Whether walking for your health, going to school, or visiting shops, the real challenge is not how many steps to take but how to stay safe.

A pedestrian hit in Albuquerque by a vehicle can end up dealing with severe, incapacitating injuries that require a long recovery. That translates into mounting medical bills and lost wages. This is the type of scenario where pedestrian accident attorneys can be a significant help.

The lawyers at Barrera Law Group LLC have helped numerous clients secure the compensation they are entitled to due to a driver’s negligence.

Reach out to our Albuquerque pedestrian accident lawyer today.

How Common Are Pedestrian Accidents in Albuquerque?

According to WalkScore, a resource that rates cities for their walkability, Albuquerque is the 28th most walkable city in the U.S. based on population. That might seem like ABQ is good for walking, but the accident statistics tell another story. As reported by KOB4, for the fifth year in a row, New Mexico had the highest rates of pedestrian deaths in the country, including pedestrians and cyclists.

As a result of those statistics, several development initiatives were established, including the Rail Trail. This mile path will run around a long stretch through downtown Albuquerque, giving pedestrians and cyclists a safer town.

The Most Dangerous Roadways for Pedestrians in Albuquerque

Data gathered for the aforementioned Albuquerque News Journal and Source New Mexico reports show that the following roads are where the most pedestrian accidents in our area occur along:

• Central Avenue between Tramway Road and San Mateo Boulevard
• Coors Boulevard along I-40 and between Gun Club Road and Blake Road in the South Valley
• Montgomery Boulevard
• I-25

While these areas are dangerous, it is still the responsibility for drivers to be alert for any pedestrians on the roads and walkways.

Pedestrian Laws in New Mexico

Another proactive approach to pedestrian safety is through the numerous laws designed specifically for pedestrians. Here are the key aspects that every pedestrian should be made aware of:

Right of Way

When a vehicle approaches a crosswalk at an intersection, it must yield to pedestrians with the right-of-way.

Crossing Rules

Pedestrians are obligated to use crosswalks when available. They must also obey traffic signals and crosswalk signals, such as “walk” and “don’t walk.” If a pedestrian is crossing a location without a crosswalk, they need to yield to vehicles.

For example, this rule would apply when crossing between cars in the middle of the street.

Sidewalk Use

Pedestrians should always use sidewalks when available. If there is no sidewalk, pedestrians should walk on the left side of the road facing traffic.

Prohibited Actions

Jaywalking and crossing highways where pedestrian crossings are restricted. Pedestrians must also yield to vehicles when required. Failure to do so can result in citations.

Shared Responsibility

Drivers and pedestrians share a duty of care for each other. Both should be aware of their surroundings, and pedestrians need to make themselves visible to drivers.

Traffic Signals

Pedestrians must obey traffic signals, and drivers must yield to pedestrians lawfully crossing at intersections or crosswalks with signals.

School Zones and Crossings

Drivers must lower speed limits and exercise greater caution when approaching school zones and crossings to ensure children’s safety.

When they take on a claim, an Albuquerque pedestrian accident attorney will investigate all aspects of the incident, including whether any laws were violated. That can help determine who was at fault for the accident.

Common Pedestrian Accident Injuries

A driver in a car has a certain level of protection thanks to their seat belts and airbags. A pedestrian has zero protection. They will take the full brunt of the impact. The force of that collision will cause them to strike the vehicle and the road, creating two points of impact where injuries can occur.

Here are some of the most common injuries associated with pedestrian accidents:

• Traumatic brain injuries
• Broken bones
• Friction burns or road rash
• Spinal cord injuries
• Lacerations
• Internal bleeding and organ damage
• Soft tissue injuries
• Nerve damage
• Amputation
• Crush injuries

The ultimate tragedy is fatal accidents involving pedestrians and vehicles. In those circumstances, a pedestrian accident lawyer in Albuquerque can support the family in filing a wrongful death claim.

Common Reasons Why Pedestrian Accidents Occur

A pedestrian must constantly be aware of their surroundings when crossing the street. However, if they are crossing legally, they can’t be held accountable when a driver is reckless. Here are the common reasons why pedestrian accidents occur:

Failure to Make a Complete Stop

Drivers must come to a complete stop at an intersection. A rolling stop is also a traffic violation, as it targets pedestrians who expect cars to come to a complete stop.

Failure To Yield in Crosswalks

At crosswalks, drivers must wait until the road is completely clear 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 a pedestrian or cyclist 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

Experienced cyclists will wear reflective gear when biking. However, there are many situations where it is dark at night, and pedestrians aren’t wearing that gear. Bad weather and big trucks obstructing views can also lead to poor visibility, leading 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.

The Limits of Insurance

New Mexico has insurance requirements for every driver. Those requirements are the following:

• Minimum of $25,000 in bodily injury liability insurance per person ($50,000 per accident)
• Minimum of $10,000 in property damage liability insurance

A pedestrian hit by a car in Albuquerque may be caused by a driver with minimum liability coverage, and the insurance carrier is only obligated to pay the policy limits. For example, if the medical bills from your injuries total $40,000 but the policy only covers $25,000, you could be out of pocket for $15,000.

The only way to obtain compensation for this is to seek support from a pedestrian lawyer in Albuquerque to file a civil complaint directly against the at-fault driver.

Why Do You Need an Albuquerque Pedestrian Accident Lawyer?

Whether you’re filing that initial insurance claim or have to file a civil complaint, you need the support of an Albuquerque pedestrian accident lawyer like the team from Barrera Law Group LLC.

We can provide you with the answers to your questions about the best option for seeking a remedy for your accident claim. We understand how insurance companies operate and will be prepared to address all their concerns with supporting evidence.

Call to set up a free consultation today. We’ll take care of the legal work while you take care of yourself.