Santa Fe Pedestrian Accident Lawyer

Santa Fe Pedestrian Accident Attorney

A Pedestrian Accident Lawyer Serving Santa Fe and All of New Mexico

Drivers have a responsibility to watch for pedestrians and give them the right of way. Far too often, they fail to heed safe driving practices that might prevent accidents. Injuries and fatalities frequently result from collisions between vehicles and pedestrians. According to the U.S. Department of Transportation, more than 70,000 pedestrian accidents occur every year across the nation, and nearly 5,000 of those are fatal. After an accident, you can reach out to a Santa Fe pedestrian accident lawyer for support. For broader legal assistance, a Santa Fe personal injury lawyer can provide the expertise needed to address various accident-related claims.

New Mexico has had all too many of these cases, and Ms. Youngers has fought to not only get compensation for injured pedestrians, but to also remedy dangerous road conditions and signage to prevent future pedestrians from being run down on roadways, sidewalks and crosswalks.

Get Help from a Dedicated Injury Attorney with Decades of Experience

Youngers Law provides caring and competent representation for pedestrians who are struck by cars, trucks or other vehicles. She also handles wrongful death cases for the families of victims involved in fatal accidents and holds wrongdoers accountable. She will work diligently to get you the financial recovery you need.

Attorney Joleen Youngers, based in Santa Fe, New Mexico will provide honest advice in easily understandable terms, and you can expect her to listen earnestly to your concerns and explain the legal options available to you.

Building the Case vs. Negligent Drivers

Numerous factors can contribute to pedestrian accidents. In most cases, the driver is at fault in some way. Rooting out the cause of the accident is critical to establishing your case.

Common types of negligent behavior on the part of the driver include:

• Driving while distracted
• Texting while driving
• Using a cellphone while driving
• Drunk driving
• Failing to yield
• Failing to stop at a crosswalk
• Failing to look before turning
• Driving with reduced visibility
• Driving at an excessive speed
• Driving carelessly and recklessly

The firm’s lawyer will closely examine all the elements of your case to build a strong foundation for achieving an outstanding result, whether through settlement or trial. She will draw on her astute legal analysis skills to uncover the unique favorable factors in every case.

Penalties for Pedestrian Accidents

If a driver hits a pedestrian because they did not follow safety-related statutes intended to protect pedestrians, they can be sued for negligence per se. For instance, if a driver drives over the speed limit and hits a pedestrian at a crosswalk or drives drunk and hits a pedestrian on a trail, negligence is inferred. Sometimes, these accidents result in personal injury or death. Penalties can grow more substantial with higher degrees of injury.

New Mexico law requires any driver who hits a pedestrian to stop the vehicle and stay at the scene until certain requirements are fulfilled. If a driver flees the scene, they can be charged with a third-degree felony, a fourth-degree felony, or a misdemeanor. If the accident results in serious bodily injury or death, and the driver flees, this is considered a felony. Both felonies and misdemeanors can result in jail time.

If the accident does not result in serious bodily injury or death, but the driver flees the scene, this is considered a misdemeanor. It is important to tell your lawyer about any injuries you sustain as a result of a pedestrian accident, as you may be compensated for medical bills and/or a loss of income.

If the accident is not a hit and run, the driver can face penalties if they fail to yield at a stop sign or yellow light. The main penalty in this case is being levied a fine or receiving points on their driving record.

It is important to note that penalties for hit and run accidents or pedestrian accidents in general can be exacerbated if the driver was under the influence of alcohol or drugs.

Sometimes, the pedestrian is at fault for the accident. Since New Mexico is a comparative negligence state, both parties can be liable for the accident. For instance, if a pedestrian jaywalks or is under the influence while walking, they can be held liable along with the driver and face penalties like fines.

Pedestrians have many rights as it relates to pedestrian accidents; however, they have responsibilities as well. For example, pedestrians should not only use crosswalks to avoid jaywalking, but they should also use sidewalks instead of walking on a highway or roadway. If there is no sidewalk available, the pedestrian should walk on the left side of the street, on the shoulder, facing oncoming traffic. Violation of these is a penalty assessment misdemeanor.

Work-Related Vehicle Accidents

Joleen K. Youngers also represents workers involved in pedestrian accidents on the job. If you are a pedestrian worker and you are struck by a vehicle while on the job, you have rights, and you should consider calling her office for a consultation.

Pedestrian accidents that occur on the job could look like a truck driver who hits a pedestrian with their vehicle or a pedestrian who is hit by an automobile or mobile equipment on the job. Here are some examples of workers who work closely to moving vehicles while on the job:

• Crossing guards or road construction workers who spend most of their time near moving traffic and vehicles.
• Police officers, firefighters, or tow truck drivers who spend a significant amount of time inside vehicles but also have to work around moving vehicles for their jobs.
• Truck drivers, farmers, trash collectors, and building construction workers who may not always work near moving vehicles but work alongside vehicles and equipment. For instance, a farmer may be hit by a tractor.

It is important for both pedestrian workers and drivers to take necessary precautions to avoid accidents and protect themselves from injury. For example, construction workers should wear high visibility clothing, and police officers should use safety cones when necessary. Pedestrian workers should also avoid walking in between cars and limit distractions, such as cell phone usage.

Drivers in work zones need to be cognizant that pedestrians may cross at places other than crosswalks or intersections. It is crucial to also follow the speed limit and be aware of trash vehicles, fire trucks, police cars, etc., by pulling over, if necessary, when these workers have to leave their vehicles.

FAQs

Q: What Are the Most Common Factors in Pedestrian Accidents?

A: There are many common factors that can play a part in pedestrian accidents. According to the Governors Highway Safety Association (GHSA), New Mexico ranked highest in the U.S. for pedestrian accident fatalities in 2022. Usually, the cause is a driver violating safety rules by driving while distracted, speeding, driving under the influence, or driving recklessly. The conditions of the road or street itself may also play a part in a pedestrian accident. Poor visibility is often a factor cited in pedestrian accidents.

Q: What Is a Pedestrian Collision?

A: A pedestrian collision is another name for a pedestrian accident. A pedestrian collision happens when a motor vehicle or mobile equipment strikes a pedestrian. The pedestrian can be walking, jogging, hiking, running, or laying down. These collisions can also involve people on skates, on a skateboard, or in a wheelchair. Pedestrian injuries can range in severity and even be fatal.

Q: What Should I Do if I am a Pedestrian Hit by a Vehicle?

A: If you are hit by a vehicle as a pedestrian, your first priority is your safety, so getting your injuries checked by a medical professional is crucial. Contacting the police is vital, as you will need the police report when you make a claim. If you are able to, document the scene by taking photos and obtain witness information. Finally, reach out to a pedestrian accident attorney as soon as possible to maximize your compensation in a legal claim.

Q: Is a Hit and Run a Felony in New Mexico?

A: Drivers who accidentally strike a pedestrian are required to remain at the scene. If a driver hits a pedestrian and flees the scene, this is considered a hit and run accident. A hit and run accident can either be a felony or a misdemeanor. If the accident results in great bodily injury or death of the pedestrian, it is considered a fourth-degree felony. However, if the pedestrian does not endure great bodily injury or survives the accident, it is treated as a misdemeanor.

Free Consultation with a Lawyer Who Helps Injured Pedestrians

To arrange a free consultation, call 505-820-0108 or 575-541-8000. You can also contact the firm online. Evening and weekend appointments are available by request.

Attorney Youngers and her staff handle motor vehicle accident cases on a contingent fee basis, and the firm advances costs. In simple terms, this means that you will pay nothing upfront. You will owe no attorney fees unless she obtains a financial recovery for you.