Getting hit by a car in Santa Fe is a terrifying experience.
Imagine you’re crossing Cerrillos Road after a long day of work, and suddenly a distracted driver runs a red light, hitting you and leaving you with a broken leg and head trauma. The chaos of the accident scene may quickly become the confusion of hospital bills, missed time from work, and the stress of dealing with insurance companies.
After getting immediate medical attention, it’s time to consider the legal implications of the accident. You could be facing mounting bills, lost wages, and emotional distress and wondering, “What are my rights?!”
We understand how overwhelming it is to navigate this situation, and our legal team is ready to help.
Let’s begin by establishing a firm understanding of your legal rights after being hit by a car in Santa Fe, New Mexico.
Injury Victims Have Rights in New Mexico
New Mexico law recognizes the rights of pedestrian accident injury victims and provides for your compensation. Understanding these rights is your first step towards reclaiming control of this situation and securing the award you need to rebuild your life.
Below, our legal team has outlined some of the critical statutes that may apply to your pedestrian accident case:
- Comparative Negligence (NMSA § 41-3A-1): Even if you were partially at fault for the accident, you may still be entitled to compensation under New Mexico’s comparative negligence system. Your potential award will be adjusted based on your degree of fault.
- Traffic Rules (NMSA § 66-5-301 – 376): This statute details the traffic laws that both pedestrians and drivers must follow. Understanding these rules will determine who was at fault in your accident, a critical factor in a personal injury claim.
While these laws exist to protect your rights after getting hit by a car in Santa Fe, the legal landscape can be intimidating. Do not let the legal nuances prevent you from asserting your rights. By taking proactive steps and seeking experienced legal counsel, you can overcome these challenges and pave the way for a smoother recovery.
How to Assert Your Rights After Getting Hit By a Car in Santa Fe
It is one thing to know your rights, but asserting them can be a tricky matter. Here are the three steps you might want to take after a pedestrian accident in Santa Fe when supporting a favorable outcome:
Step 1. Organize Your Accident-Related Documents
Preserving all relevant documentation is crucial since these documents support your personal injury claim. Maintaining an accident file gives you easy access to critical information when needed, ensuring a smoother and more efficient claims process.
Documents to maintain after getting hit by a car in Santa Fe could include:
- Accident reports
- Driver information
- Insurance cards
- Insurance communications
- Medical records
- Pay stubs
- Personal notes
- Photographs
- Police reports
- Receipts and bills
- Witness information
- Witness statements
- Other related documents
You will be well-prepared with a personal accident file after getting hit by a car in Santa Fe. Keep in mind that insurance companies may employ tactics to minimize your payment. Substantive evidence will help you counter any attempts to undervalue your claim and ensure you receive the fair compensation you deserve.
Step 2. File a Pedestrian Injury Claim with the Insurer on Time
Time is critical when pursuing compensation for your injuries. New Mexico law imposes deadlines for filing insurance claims, and failing to adhere to them will jeopardize your ability to recover damages, including:
- Insurance deadlines: Insurers have internal deadlines for processing claims. It is essential to follow their rules when supporting the most favorable outcome.
- Statute of limitations (NMSA § 37-1-8): You must file a personal injury lawsuit within three years of the accident. However, other deadlines may apply if unique factors are present.
- Notices for government claims (NMSA § 41-4-16: You must provide written notice of your claim within 90 days of the event if your accident involves a government entity.
Not filing your claim within the applicable deadlines will have severe consequences. You may lose your right to seek compensation, leaving you to bear the full financial burden of your injuries and losses. Ensure you understand which deadlines apply to your case by speaking with an attorney if unsure.
Step 3. Review Your Offer with a Personal Injury Lawyer
Insurers do not always get their analysis of your case and damages correct after someone gets hit by a car in Santa Fe. They hope to settle your claim for the lowest amount possible while complying with the law. As a result, the initial settlement offer you receive may not reflect a full and fair award.
Accepting a settlement without legal advice could leave you vulnerable to undervaluation. Remember, you cannot ask for additional compensation once you sign the settlement agreement. Avoid accepting a low settlement that does not meet your future needs by speaking with an experienced pedestrian accident injury law firm, like Grano Law Offices, P.C.
Know When to Get Legal Advice Early on in Your Claim
Legal advice may have advantages when obtained early after getting hit by a car in Santa Fe. However, only you and your lawyer can make that determination. Some situations signal an emergent need for legal advice versus other cases.
Here are five signs that you may want to get legal advice as soon as possible:
- Sign #1. Catastrophic injuries—They are expensive for insurers to settle, so they will fight for their rights.
- Sign #2. Corporate or government involvement—Added complexities make these claims particularly challenging.
- Sign #3. Liability disputes—Do not accept an unfair share of the blame; work with an attorney to receive a fair outcome.
- Sign #4. Unfair settlement practices—New Mexico has laws against insurers who do not follow the rules, and we hold them accountable.
- Sign #5. Wrongful death—The lost life of a loved one is also a case insurers will fight; ensure you have legal representation on your side.
You do not have to leave your physical health and financial future to chance after getting hit by a car in Santa Fe. Before accepting any settlement offer, consult with a personal injury lawyer to ensure your rights are protected. A skilled attorney will evaluate your case and negotiate on your behalf.
You Do Not Have to Accept Less Than You Deserve
Before accepting any settlement offer, consult with a personal injury lawyer as soon as possible to protect your rights after getting hit by a car in Santa Fe. A skilled attorney will evaluate your case and negotiate on your behalf. Accepting a settlement without legal advice could leave you vulnerable to undervaluation.
Remember, you cannot ask for additional compensation once you sign the settlement agreement. Avoid accepting a low settlement that does not meet your future needs by speaking with an experienced pedestrian accident injury law firm, like Grano Law Offices, P. C.
Get Free Legal Advice After Getting Hit By a Car in Santa Fe
At Grano Law Offices, P.C., we fight for the rights of injury victims in Santa Fe and throughout northern and central New Mexico. Our legal team understands your challenges and is here to help you through this process. Schedule your Free Case Strategy Session (phone or virtual meetings available!) by calling (505) 426-8711 or messaging Marc A. Grano via the contact form below.
