Albuquerque Drunk Driving Accident Attorney
Fighting for Drunk Driving Accident Victims in Bernalillo County
The New Mexico Department of Transportation reported that 2,233 alcohol-involved vehicular crashes occurred throughout the state in 2022 – up from 2,150 alcohol-related collisions in 2021. That’s more than ten alcohol-related accidents per 10,000 residents. Despite the known risks and efforts to curb drunk driving, the unfortunate reality is that a significant number of intoxicated drivers still get behind the wheel and end up injuring other motorists and their passengers.
If you recently suffered serious injuries because of the negligence of a drunk driver, you have the right to pursue a personal injury claim and seek compensation to cover your damages. Our team at Law Office of Nathan Cobb can help you navigate these legal proceedings so you can focus on your recovery. Our attorney is an aggressive litigator with over 15 years of experience. With a track record of successfully recovering compensation for injury victims, we will work to obtain maximum compensation and never push for you to accept a settlement that does not cover your losses. We are ready to go to court to seek the optimal outcome you deserve.
Our Albuquerque drunk driving accident lawyer can walk you through your rights and how we can help enforce them. You owe nothing unless we win, so schedule a free consultation by contacting us online or calling (505) 572-1160 now.
Who Is Liable for a Drunk Driving Accident in New Mexico?
If the driver who caused your accident was intoxicated at the time of the collision, they will likely be considered negligent and liable for your injuries. Alcohol diminishes reaction times, making it much harder for drivers to respond quickly to sudden changes or obstacles on the road. It also affects judgment, which can lead to risky behaviors like speeding or ignoring traffic signals. Vision may become blurred, and the ability to process information efficiently is reduced, all of which contribute to poor decision-making. Put simply, an intoxicated driver is more likely to cause an accident.
If your actions caused or contributed to the crash and the other driver happened to be intoxicated, liability may become more complicated. New Mexico enforces pure comparative negligence rules, meaning the amount of compensation you can recover through a personal injury lawsuit can be reduced by your share of the blame. The other driver being intoxicated does not automatically make them entirely legally responsible for the accident if you were driving recklessly or violated traffic laws in the moments before the collision.
New Mexico’s dram shop law also allows you to take legal action against an establishment (such as a bar or restaurant) that overserved the drunk driver who subsequently injured you. To establish liability, you must be able to demonstrate that the establishment’s staff sold or served alcohol to the drunk driver prior to the accident despite it being “reasonably apparent” that the individual was already intoxicated.
Not sure about liability in your case? We can listen to your story and review your rights and options after evaluating the details of what happened.
When the Stakes Are High,
Trust Our Proven Record of Success
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Recognized on the prestigious New Mexico Rising Stars list by Super Lawyers magazine every year since 2017.
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Our commitment to achieving the best results has shaped a strong track record of successful outcomes, even in the most challenging situations.
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We're focused on your recovery—financially and personally—so you can move forward with your life.
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Taking the first step toward resolution costs you nothing. We offer a free consultation to assess your legal options.
Common Drunk Driving Accident Injuries
Drunk driving accidents can be more dangerous than typical car crashes due to the level of impairment caused by alcohol. The delayed reaction times and poor judgment resulting from intoxication often lead to crashes at higher speeds or in more precarious conditions, amplifying the severity of the impact. Consequently, the injuries sustained in these accidents are often severe and life-altering.
Do not wait to discuss your legal options with our Albuquerque drunk driving accident attorney if you suffered any of the following catastrophic injuries:
- Amputations. Drunk driving crashes can result in mangled vehicles, and the subsequent trauma from the collision may lead to traumatic amputations. High-speed impacts or rollovers can cause limbs to be crushed or severed, necessitating surgical removal to prevent further complications.
- Spinal cord injuries. The force of a drunk driving accident can lead to severe spinal cord damage. When vertebrae are fractured or dislocated, it can compress or sever the spinal cord, potentially causing paralysis. These injuries may affect everything from sensation to motor control, dramatically impacting the victim's quality of life.
- Traumatic brain injuries (TBIs). A violent jolt or blow to the head during these collisions can lead to TBIs. Serious TBIs may result in long-term cognitive impairment, emotional disturbances, or functional deficits. The severity often correlates with the intensity of the impact.
- Severe burns. In the aftermath of a drunk driving crash, fuel leaks combined with sparks from vehicles colliding can lead to fires. If occupants are trapped inside, they are susceptible to severe burns, which can cause intense pain and disfigurement and require extensive reconstructive surgery or lead to prolonged recovery periods.
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Compensation for Drunk Driving Accident Injuries in New Mexico
In addition to any criminal penalties the drunk driver might face, you can seek economic and non-economic damages through a personal injury lawsuit when you suffer harm because of their negligence. Economic damages refer to quantifiable financial losses incurred as a result of the accident, while non-economic damages address the more intangible consequences of the accident.
Punitive damages are also sometimes awarded in cases involving drunk drivers. These damages are meant to punish the driver for their conduct and deter similar behavior in the future.
At Law Office of Nathan Cobb, we are prepared to go to trial to seek just compensation for all losses, including:
- Medical expenses
- Lost income
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of consortium
- Loss of enjoyment of life
How Does a Criminal DUI Case Affect My Ability to Recover Compensation in New Mexico?
When a drunk driver causes an accident, the responding police officer will likely arrest the driver. The driver may subsequently face criminal prosecution for DUI.
You may understandably be wondering how the outcome of these types of criminal proceedings may influence your personal injury lawsuit, which is a form of civil legal action. It’s important to emphasize that the criminal and civil legal processes operate separately, though the results of a criminal case can impact a civil lawsuit.
A conviction in a criminal DUI case can strengthen your civil claim for compensation. Proving the drunk driver’s liability will generally become more straightforward, as the conviction serves as compelling evidence that the driver was at fault.
Even without a conviction, drivers charged with DUI may still be found liable in civil court, as the standards of proof differ between criminal and civil cases. While guilt in a criminal case must be established "beyond a reasonable doubt," civil liability is determined based on a "preponderance of the evidence," which is a lower threshold.
Put another way, just because the drunk driver in your case isn’t ultimately convicted – whether they weren’t formally charged, negotiated a plea deal that led to a lesser charge, or were acquitted in court – you can still potentially win a personal injury lawsuit and secure compensation. Our Albuquerque drunk driving accident lawyer understands how these two legal processes influence one another and can work to obtain the best possible outcome in your case.
You only have limited time to pursue compensation for drunk driving accident injuries in New Mexico, so don’t wait to contact us online or call (505) 572-1160 to explore your legal options.