Los Lunas Car Accident Attorney

Trusted Car Accident Lawyer Representing Crash Victims in Los Lunas, NM

After a car accident, you may be burdened with large medical bills, the costs of repairing or replacing your vehicle, and lost wages from time taken off of work—all on top of the physical agony caused by the crash. If you or someone you care about has been hurt in a collision caused by another driver, reach out to a Los Lunas, New Mexico car accident lawyer today.

At James Kennedy, P.L.L.C., we have the skills and resources to investigate car accident claims, drawing on over 30 years of legal experience. We are not afraid to take your case to trial when the situation calls for it.

How New Mexico's Pure Comparative Negligence Rule Affects Car Accident Claims

New Mexico follows a pure comparative negligence rule in car accident claims. Under this rule, an injured driver can recover compensation even if they were partially at fault for the crash, as long as they were not solely responsible for the accident. Your compensation is reduced by your percentage of fault. For example, a driver found to be 30 percent at fault could still recover 70 percent of their total damages. This rule differs from the laws in many other states, where a driver who is found more than 50 percent at fault cannot recover anything at all.

Insurance companies often try to shift blame onto the injured driver under this rule, since doing so can reduce how much they have to pay. An insurance adjuster may argue that you were speeding, distracted, or partially responsible for the crash, even when the evidence does not support that claim. At James Kennedy, P.L.L.C., we work to counter these arguments and present a clear picture of how the crash actually happened.

Pure comparative negligence can make a real difference in cases where fault is unclear or shared between multiple drivers. A driver who was partly responsible for a crash is not automatically barred from recovering compensation, but insurance companies may try to inflate the injured driver's share of fault to reduce a settlement. Having a clear, well-documented account of the crash can help protect against these tactics.

Identifying the Cause of a Car Crash in Los Lunas

Identifying what caused a car crash is often the most important part of building a strong claim. Our firm reviews the police report, photographs, vehicle damage, and road conditions to understand how the collision unfolded. Common causes of car crashes in Los Lunas include distracted driving, speeding, drunk driving, running red lights or stop signs, and failing to yield the right of way. Weather conditions and poor road maintenance can also play a role in some collisions.

We may also speak with witnesses, request traffic camera footage, and consult accident reconstruction experts when the cause of a crash is disputed. Establishing fault clearly can make a significant difference in how much compensation an injured driver ultimately recovers. Delivery vehicles, commercial trucks, and rideshare drivers can add another layer of complexity to a claim, since more than one company or insurance policy may be involved.

Tips for Protecting Your Right to Compensation in a Car Accident Claim

After a car accident, there are steps you can take to protect your right to compensation. Report the accident to law enforcement and request a copy of the police report once it becomes available. Keep records of your medical treatment, missed work, and any expenses related to the crash.

Avoid posting about the accident on social media, since insurance companies may look for statements or photos that could be used against your claim. You should also be cautious about giving a recorded statement to an insurance adjuster before speaking with an attorney. An early statement made without legal guidance can sometimes be used to minimize your claim later on.

Meet With a Los Lunas, New Mexico Car Accident Lawyer

The sooner you contact our firm after a crash, the sooner we can begin start investigating your claim and preserving evidence. At James Kennedy, P.L.L.C., we help injured drivers throughout Los Lunas pursue fair compensation for their losses. Contact our Los Lunas, New Mexico car accident attorney or call 915-544-5200 to schedule a free consultation.