Category / Auto Accidents / Wrongful Death
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Legal Claims Abound for Over-Service of Alcohol Leading to DWI Accidents
It is illegal for bartenders or wait staff to over-serve patrons regardless if they are driving or not. The state of New Mexico has launched a DWI campaign dubbed buzzkill cracking down…
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Employer Liability for DWI Accidents Part 1: Scope of Employment
The scope of employment issue is very important in determining whether an employer is liable for harm caused by an employee in a DWI auto accident. Among the questions to be asked…
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Drowsiness Significant Cause of Truck Accidents
It is well established that lack of sleep increases the risk of car and truck accidents tremendously. In 2015, over 35,000 people died in auto accidents. Research shows that 20% of traffic…
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Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments
There have a series of New Mexico Supreme Court opinions over the last 10 years expanding the duties on insurers to obtain proper rejection of uninsured/underinsured coverage motorist coverage (UIM). The first…
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Law Prohibiting Texting and Driving Signed Into Law in New Mexico
New Mexico Governor Susanna Martinez has signed into law a bill that prohibits texting on New Mexico roads. The new law is a good step in the right direction in addressing what…
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Liability of Negligent Family Member Driver to Other Family Member Passengers in an Auto Accident
Insurance issues in New Mexico auto accidents can get pretty confusing. There are a number of potentially overlapping issues that can create a maze for those injured in a car accident. This…
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Disclosure Requirements for Rejection of Uninsured/Underinsured Coverage Ill-Defined
There have been numerous cases over the last few years from the New Mexico Appellate courts dealing with the rejection of uninsured/underinsured motorist coverage (UM/UIM). Over the years, a number of strict requirements…
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Stacking Allowed With Improper Rejection of Uninsured/Underinsured Coverage
Uninsured/Underinsured motorist coverage (UM/UIM) is extremely important for drivers. This is particularly so in New Mexico which has a very high rate of uninsured drivers. Many more are underinsured carrying on the…
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Lien Negotiation in a Personal Injury Case
Personal injury cases often involve significant medical expense. Along with those expenses come medical liens on any proceeds from a personal injury settlement. These liens will need to be addressed prior to…
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Immunity of State of New Mexico for Unsafe Road Turns on Distinction Between Design and Maintenance
The New Mexico Supreme Court recently reviewed the New Mexico Department of Transportation‘s immunity for the design and maintenance of the State‘s roadways. The court in Martinez v. New Mexico Department of…
