Gallup Car Accident Lawyer
Car accidents can have devastating consequences for everyone involved, and understanding your legal rights is critical. If you’re searching for a Gallup car accident lawyer, the Branch Law Firm in New Mexico has over fifty years of experience and is ready to provide guidance, advocate for your rights, and help you seek the compensation you deserve.
Whether you’ve suffered injuries due to negligent drivers, construction-related hazards, or heavy traffic collisions, our legal team is prepared to handle your case with precision and care.
Understanding Car Accident Cases in Gallup
Gallup’s unique mix of urban traffic, construction zones, and rural roads contributes to a variety of accidents. From multi-vehicle collisions to single-car crashes caused by hazardous road conditions, every incident requires careful evaluation.
At the Branch Law Firm, we focus on ensuring our clients know their rights under state law, analyze every available path to justice, and ensure you receive the kind of comprehensive representation that gets results.
Common Causes of Car Accidents
Gallup’s unique geographic and traffic conditions create situations that lead to frequent accidents. Common factors include:
- Construction Zone Hazards. Poorly marked zones, or debris left on the roadway, can lead to severe collisions.
- Distracted Driving. Texting, eating, or engaging in other distractions significantly increases the risk of accidents.
- Traffic Violations. Speeding, running red lights, and ignoring stop signs can all contribute to collisions.
- Drowsy Driving. Fatigue can be a significant issue while driving on long rural stretches of New Mexico highways.
- Impaired Driving. Alcohol and drug impairment remain a leading cause of wrongful death in car accidents.
Our attorneys analyze these factors when building your case to ensure every detail is thoroughly investigated.
Wrongful Death Claims in Car Accidents
If your loved one passed away due to a car accident, you could be entitled to file a wrongful death claim. No one should have to suffer such a senseless loss, and under New Mexico law, you don’t have to. Wrongful death claims seek to recover damages for both the deceased’s estate and surviving beneficiaries. Compensation in such cases may cover the following:
- Funeral and burial expenses.
- Lost income and financial support.
- Pain and suffering endured by the deceased before passing.
- Emotional distress of family members.
The Branch Law Firm is dedicated to helping families navigate these challenging cases with both sensitivity and professionalism.
Pursuing Compensation After an Accident
In a personal injury case, accident victims can pursue different avenues of compensation depending on the circumstances of their individual case. These types of damages include:
- Economic Damages. These include medical bills, property repairs, and lost wages.
- Non-Economic Damages. These can include emotional distress, pain and suffering, and loss of enjoyment of life.
- Punitive Damages. When there is gross negligence, courts may award additional damages to punish the wrongdoer.
Our legal team evaluates every potential source of recovery to ensure that you receive fair compensation for your injuries and losses.
Comparative Fault in New Mexico Car Accidents
In New Mexico, the concept of comparative fault determines how liability is allocated when more than one party is responsible for causing a car accident. The state operates under a pure comparative negligence rule. The rule allows individuals to recover damages even if they are partially at fault for the accident. However, their compensation may be reduced by their percentage of fault.
How Comparative Fault Works
Under New Mexico’s pure comparative fault system, each party involved in a car accident could have their compensation amount reduced by their percentage of fault based on their contribution to the crash. For example, assume you are 20% at fault for a motor vehicle accident, and the total damages are $100,000; your compensation is reduced by 20%, resulting in a recovery of $80,000.
This system differs from modified comparative negligence used in other states, where individuals may be barred from recovering damages if their fault exceeds a certain threshold (e.g., 50% or 51%). In New Mexico, there is no threshold.
How a Gallup Car Accident Attorney Can Help
At Branch Law Firm, we believe in a customer-first approach that places you at the center of our strategy. Legal assistance is not only a step toward justice, but it is an investment in the future you deserve.
With over fifty years of experience navigating the legal system, the Branch Law Firm is uniquely positioned to fight for you and amplify your voice. Together, we can right the wrong and fight for everything you’re entitled to.
FAQs
Q: How Does New Mexico’s Comparative Negligence Law Impact My Case?
A: New Mexico operates under a pure comparative negligence system. This means you could recover damages for your injuries even if you share some of the fault. For example, if you are 20% at fault, and the other driver is 80% at fault, the settlement you are awarded is reduced by 20%. Think of it like a penalty for the fault. Our lawyers can provide you with more insight after thoroughly reviewing your case.
Q: Can I Pursue a Claim for Emotional Distress?
A: In New Mexico, it is possible to pursue a claim for emotional distress without any physical injuries. These claims can be complex and require a hefty burden of proof. Our attorneys can help you gather evidence and work with psychologists to help demonstrate to the insurance companies or the court, if necessary, how the accident caused you significant psychological harm.
Q: How Long Do I Have to File a Claim After a Car Accident in Gallup?
A: Time is of the essence. The statute of limitations for filing a personal injury claim in New Mexico is three years from the date of the accident. If you miss the deadline, you forfeit all rights you have to seek damages. The statute of limitations for wrongful death claims is two years from the date of death.
Q: What Happens If the At-Fault Driver Is Uninsured?
A: If you are in a car accident, and the other driver lacks insurance, you can file a claim through your own uninsured motorist coverage. However, in some cases, there are other avenues we can pursue, especially if there is evidence of third-party liability, such as if another party, like a car part manufacturer, is at fault. Our attorneys can review your case and advise you on your options.
Contact the Branch Law Firm Today
If you or someone you love has been injured in an accident in Gallup, don’t wait to seek legal help. Contact our team at the Branch Law Firm to schedule a consultation and discuss your case. We are here to guide you through the complexities of personal injury and wrongful death claims, ensuring your rights are upheld.