Auto Accidents

Negligent to Sell Gasoline to Drunk Drivers in New Mexico

Question: Does a gas station have a duty of care to third parties to refrain from selling gas to obviously intoxicated drivers? Answer: In New Mexico, they now do under the recent New Mexico Supreme Court case of Morris v. Giant Four Corners, Inc. Facts of Case Basically, two intoxicated patrons entered a Tribal gas…

Auto Accidents Resulting from Failure to Maintain Road

Failure to maintain roads and highways in New Mexico is not uncommon. One need only drive around the State to know that. Too often, the failure to maintain roads and highways leads to automobile accidents. Whether or not there is claim against the state, county or municipality for failure to maintain a road will depend…

Hazardous Crosswalks/Pedestrian Accidents in New Mexico

The Centers for Disease Control (CDC) found that in 2017 alone, 5977 pedestrians were killed in traffic accidents and another 137,000 were treated in emergency rooms. Pedestrians are much more likely to be killed in an auto accident than anyone in the vehicle. The risk is greatest among the elderly and children. There are a…

Driver’s Duty to Pedestrians

FAQ: What is driver’s duty to pedestrians? A driver in New Mexico has a duty to keep a proper lookout for dangers and hazards. This means a driver must pay attention to the road, other vehicles, dangerous road conditions and specifically pedestrians . The basic standard is a standard of ordinary care which in the…

Negligence Per Se in New Mexico Auto Accidents

Negligence in an auto accident may be based on the violation of ordinary care. Ordinary care has a bit of a circular definition which the care that an ordinary driver would use in similar circumstances and conditions. Ordinary care is always an issue in negligence cases whether auto related or other types of cases as…

Ride-Hailing Accident Claims

Ride-hailing has taken the U.S. by storm. As of the fall of 2018, 36% of U.S. adults used ride-hailing services such as Uber and Lyft or their innumerable offshoots. That is a lot of passengers, a lot of trips, and inevitably a lot of accidents. To some degree, a ride-hailing accident can be treated much…

Employer Liability for DWI Accidents Part 2: Negligent Entrustment

Negligent entrustment of a vehicle basically means that car owner allows an unsafe driver to use the car. When that driver causes an auto accident, the car owner is responsible for the harm caused. This applies to all owners and innocent victims including employers and employees. Basic Requirements for Negligent Entrustment Claim The requirements are…

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 on over-service of alcohol to prevent DWI accidents.  This is a always a significant issue during the holidays when folks are inclined to…

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 in these cases is whether intoxication took the employee outside the scope of employment? Intoxication Can Constitutes Abandonment of Employee Relationship New Mexico courts…

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 fatalities are the result of drowsiness. The AAA Foundation’s recently released report even a few hours of missed sleep can increase the risks…

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