Personal Injury

A multiple-vehicle pileup involving two big rigs and a pickup truck led to the death of four people outside Lordsburg on a recent Sunday.  Large truck crashes, especially those involving fatalities, have been on a steady rise over the last decade, and the latest statistics demonstrate that the problem is only getting worse.  Read on for more about this most recent truck crash, and contact a seasoned Las Cruces truck accident attorney if you’ve been injured by a negligent or reckless driver in southern New Mexico.

Big rig crash in Lordsburg leads to multiple fatalities

New Mexico State Police responded to reports of a head-on collision on Interstate 10 near Lordsburg at around 3:30 p.m. on a recent Sunday.  According to officials, a 2015 Freightliner semi-truck was traveling east on I-10 when it swerved across the median and hit a westbound 2013 Kenworth semi-truck head-on.  The Freightliner’s trailer swung and hit a 1999 Dodge pickup truck, also heading west. Both semi-trucks caught on fire as a result of the collision.

The crash claimed the lives of four people:  The Freightliner’s driver, a 50-year-old California man; the Kenworth’s driver, a 47-year-old Texas man; the driver of the Dodge, a 51-year-old Arizona man; and a passenger in the Dodge, a 47-year-old Arizona woman.  Three of the participants were pronounced dead at the scene while the driver of the Dodge died several days later from his injuries. A 13-year-old girl who was also a passenger in the Dodge suffered critical injuries.  Officials have not determined what caused the Freightliner to swerve into oncoming traffic.

Large trucks continue to present deadly danger on U.S. roadways

We have previously discussed how trucking companies are not doing enough to reduce the rate and lethality of large truck crashes across the country.  The latest statistics from the Federal Motor Carrier Safety Administration (FMCSA) show that the trend is continuing.  The rate of fatal truck crashes has been on the rise since hitting a low of 3,193 in 2009. In 2016, the number jumped past 4,000 to 4,116, and the newly-released figures show that 2017 was even worse:  There were 4,455 fatal truck crashes in 2017, a 10% jump from 2016. Of the 4,761 people who were killed in large truck crashes in 2017, 70 were killed in New Mexico crashes. Trucking companies and truck drivers must be held liable if their negligence or lax safety standards lead to the death or injury of other motorists on New Mexico roadways.

If you or someone you love has been injured in a large truck crash or other accident in New Mexico, contact the experienced and passionate Las Cruces personal injury lawyer Samuel I. Kane for a free consultation on your case at 575-526-5263.

An Albuquerque man was walking in the Four Hills at around 6:15 p.m. on a recent Wednesday when he was suddenly struck by a vehicle, later identified from security footage as a Chevrolet pickup.  The driver of the Chevrolet sped off from the scene, leaving the man to his injuries. He was pronounced dead at the scene. This is one of an increasing number of pedestrian deaths across the state of New Mexico which, according to recent studies, is among the worst states in the country in terms of fatal pedestrian accidents and hit-and-run crashes.  Continue reading for details about the recent studies, and contact an experienced Las Cruces pedestrian accident attorney if you’ve been injured by a negligent or reckless driver in southern New Mexico.

New Mexico has highest fatal hit-and-run rates in the country according to recent study

Hit-and-run collisions are accidents in which at least one person involved in the accident flees the scene without offering information or aid to the other people involved in the crash, and/or fails to properly report the crash to the DMV or the police.  Leaving behind an accident scene not only makes the investigation process more complicated and costly, but it can also delay emergency response time, causing injuries to get worse and increase the possibility of severe injury or death following an accident.  Fleeing the scene of an accident is a crime, regardless of whether you were at fault, and it can increase the potential for and the amount of civil liability for a negligent driver.

According to a recent report from the AAA Foundation for Traffic Safety, there were 1,980 hit-and-run crashes nationally in 2016, resulting in 2,049 deaths.  This is an all-time high number for hit-and-run crashes and fatalities since they started keeping track in the 1970s, and represents more than a 10% increase from 2015.

The AAA reports New Mexico has the highest rate of fatal hit-and-run crashes of any state in the country.  New Mexico saw 31 hit-and-run fatalities in 2016, a nearly 50% jump from 2015. Given that New Mexico has only 2 million people, these numbers are alarming.

New Mexico is the deadliest state for pedestrians

New Mexico residents also face some alarming statistics in terms of accidents involving pedestrians.  According to the Governor’s Highway Safety Association (GHSA), New Mexico had the highest pedestrian fatality rate in 2017, with 3.53 deaths per 100,000 people.  More than 400 people were struck by vehicles in Albuquerque alone, leading to 34 of the 68 total car accident fatalities in the city, more than San Diego and around the same as Philadelphia and Chicago, cities with nearly four times Albuquerque’s population.  Across New Mexico, there were 82 pedestrian fatalities going into the 2018 holidays, up from 77 in 2016 and 79 in 2017. As an illustration of how bad that number really is, the next state with the population closest to New Mexico is Nevada, where there were just 11 pedestrian deaths in 2016.

AAA stated that part of the reason for the combination of more hit-and-run and pedestrian fatalities is that drivers are more likely to flee after a crash that involves the death of a pedestrian or bicycle rider, as compared to a vehicle occupant death, given that a crash severe enough to kill a vehicle occupant is likely to render the car undriveable and prevent fleeing.

If you or someone you love has been injured in a crash in New Mexico, contact the dedicated and professional Las Cruces personal injury lawyer Samuel I. Kane for a free consultation on your case at 575-526-5263.

A 17-year-old high school student has recently been charged with multiple crimes as the driver during a crash that injured his three young passengers. The crash poses an example of the dangers that can be posed by teen drivers. Read on to learn about the accident and the reasons why teenaged drivers have a high crash rate, and contact a Las Cruces personal injury attorney if you’ve been injured in a crash with a negligent or reckless driver in southern New Mexico.

Three Franklin High School students sent to hospital after crash

The accident leading to the criminal charges occurred on November 17, 2018 in the town of Santa Teresa. A 17-year-old male driver was carrying five passengers, all aged between 16 and 18, in his Jeep. Accident reports describe that the young man ignored a stop sign at the intersection of Leeds and Edinburgh, causing him to crash into a Mitsubishi Galant that was already traveling across the intersection. The collision caused the Jeep to roll over. Three of the Jeep’s passengers had to be hospitalized for their injuries.

When law enforcement attempted to perform field sobriety tests or a roadside breathalyzer on the young driver, he refused to participate. Instead, he told officers, “I’m drunk, just take me in.” At his recent court appearance, the young driver was charged with causing great bodily harm with a vehicle, three counts of child abuse, aggravated driving while intoxicated, reckless driving, and failing to stop at a stop sign. The court is still deciding whether to try him as an adult or a juvenile.

Teen drivers prone to dangerous driving habits

Teenagers are known for having a poor ability to make decisions. Unfortunately, this propensity for poor judgment also appears when teens are behind the wheel. Teen drivers’ inexperience and poor impulse control can combine to make them hazardous on the road. One study found that three out of four accidents involving teenaged drivers involved speeding, an inability to spot hazards on the road, or both factors. Teen drivers are not only likely to drive while intoxicated by drugs or alcohol, but their crash rate is higher than adults at a similar blood alcohol level. Teens’ heavy use of smartphones often doesn’t end once they’re behind the wheel, as studies show that about a third of all teens have admitted to texting or talking on the phone while driving, and rates of crashes caused by distracted driving are about 40% higher in teen drivers than the general driving population. Teens who cause car accidents can be held financially liable alongside their parents, or their auto insurance carrier, for the costs of their victims’ injuries.

If you or someone you love has been injured in a crash in New Mexico, contact the seasoned and knowledgeable Las Cruces personal injury lawyer Samuel I. Kane for a free consultation on your case at 575-526-5263.

On November 15, a suspected drunk driver crashed into a parked truck, leaving one woman dead and two other people injured. The accident occurred on Interstate 10 near Vado, NM. The victims were waiting for a tow truck to arrive, and the allegedly intoxicated driver was heading east on the highway when he, “for unknown reasons,” veered off the road and hit the truck. Police say he admitted to drinking some beers before the crash and performed poorly on sobriety tests. Records also show this is his second aggravated DWI and open container arrest in New Mexico.

Revisiting the Effects of Alcohol on Driving

While the article cited above says the suspected drunk driver left the road “for unknown reasons,” it’s well-established that alcohol impairs one’s ability to operate a vehicle safely. There are potentially several reasons the driver left the road, all related to the effects of alcohol and impairment. The National Highway Traffic Safety Administration (NHTSA) conducted a review of 109 research studies and highlighted the effects of even low doses of alcohol on driving-related skills.

For one, dividing attention between tasks is very sensitive to alcohol consumption, which means if something unexpectedly occurs in the driving environment that also requires attention, it will be more difficult to adequately shift attention to avoid an accident. Alcohol also makes drivers less vigilant and less able to recognize potential traffic hazards.

Tracking refers to a driver’s ability to control and maintain position on the road relative to the driving environment. Many studies have shown tracking errors can be contributors to run-off-the-road car accidents and head-on crashes. And the NHTSA’s review found tracking impairment at BACs as low as 0.0018 and consistently at 0.005 BAC. Thus, tracking impairment, along with problems dividing attention, vigilance, and recognizing traffic hazards, likely all caused the fatal accident described above, making our “unknown reasons” known.

Speak with an Experienced Personal Injury Attorney after a Drunk Driving Accident

A wrongful death lawsuit on behalf of the deceased woman and personal injury claims from the injury victims may arise out of this accident, as drunk driving accidents may be litigated in civil court as well as criminal court. While it may feel good to know a drunk driver is behind bars, the state isn’t looking to obtain compensation for accident victims. But Las Cruces personal injury attorneys are. In southern New Mexico, contact the Law Office of Samuel I. Kane P.A. if you have been injured or lost a loved one in a drunk driving accident. We can get you money for your injuries to help pay for you medical bills and make up for lost income, pain and suffering, and more. You deserve it, and we’ll fight for it.

Researchers are increasingly reporting that distracted driving, and in particular cell phone usage, is a growing threat to the safety of American drivers. A recent report analyzed driving patterns in 2017 and found that drivers use their phones more than 33% of the time, despite the constant reports of the risks associated with cell phone use while driving. Read on for more about the results of the study, and contact a skilled Las Cruces personal injury attorney if you’ve been hurt in a distracted driving crash in or around Las Cruces.

Study finds high rate of cell phone use while driving

EverQuote, an insurance marketplace, recently released a study based on their app, EverDrive, that tracked the cell phone usage of drivers across the country. The report utilized 781 million miles of driving data from 2017 to evaluate the habits of American drivers, including the frequency of speeding, phone use, unsafe acceleration, hard braking, and hard turning.

The report found that drivers use their phones on more than a third of their trips. Among drives with phone use, the average commute was 29 minutes, and drivers used their phones for an average of three minutes. The authors emphasized that taking your eyes off the road for even 5 seconds to send a text is like driving the length of a football field blindfolded. If someone causes an accident while using a cell phone, they are likely at fault and could face significant liability for any damages or injuries caused.

Distracted driving laws have a positive effect

The study found that, for the most part, the strength of distracted driving laws was correlated with the frequency of cell phone use while driving. The safest driving states had the strictest cell phone use laws, and the most lax states had the highest cell phone usage. New Mexico law bans texting while driving, even while stopped at a stop sign or traffic light, but does not prohibit the use of hand-held phones for calls.

New Mexico drivers among the worst in terms of cell phone use, about average for other bad habits

The report found that Midwesterners were among the safest drivers, while those in the northeast had the worst habits. New Mexico drivers varied depending on the specific habit, but ranked among the worst for cell phone use: New Mexico drivers used cell phones during 40 percent of recorded trips, compared to around 33 percent for other states like Wyoming and California. On the other hand, New Mexico drivers only engaged in hard braking 21 percent of the time, compared to upwards of 30 percent in northeastern states. New Mexico drivers were in the middle when it came to speeding: 35 percent of trips, compared to as little as 20 percent in some midwestern states and over 50 percent in the northeast.

If you’ve been injured in a New Mexico crash with a distracted driver, get seasoned and effective legal help with recovering the money you’re owed by contacting the skilled and passionate Las Cruces personal injury lawyer Samuel N. Kane for a free consultation at 575-526-5263.

There are few vehicles that can do as much damage when involved in a crash as a loaded tractor-trailer. These massive vehicles can weigh many times what a passenger vehicle weighs—well over 80,000 pounds when fully loaded—and require substantial skill and attention to drive safely. Despite this fact, most late-model passenger vehicles have far more advanced safety systems than does the average semi-truck or big rig. Learn more below about the ways that updating the safety systems of large trucks could save lives, and contact a seasoned Las Cruces truck accident lawyer if you’ve been hurt in a New Mexico truck accident.

Fatalities rising on US roads, including among large trucks

Each year since 2014, the total number of traffic fatalities on US roads has climbed among every major category of accident, including crashes involving tractor-trailers. In 2016, over 4,000 people were killed in crashes involving large trucks, according to the National Highway Traffic Safety Administration. Since semi-trucks are so massive, these fatalities in crashes involving trucks and passenger vehicles are nearly always among the passenger vehicle occupants; official estimates state that in about 80% of fatal accidents involving large trucks and cars, it’s the passenger vehicle occupants who are killed.

Collision-avoidance systems in commercial trucks could save lives

Despite the risks that large trucks can pose, even when driven safely, some safety experts wonder whether shipping and carrier companies are doing all they can to make their fleets as safe as possible. Collision-warning and crash-avoidance systems have come a long way in recent years, offering drivers assistance in braking in the event of an emergency, as well as help with remaining in their lane of traffic, or a warning when merging lanes while a vehicle is in their blind spot. Yet, one safety group has found that only 15% of all large commercial trucks have these features installed, despite relatively-inexpensive retrofitting options.

These safety features are often far more needed on large trucks than on passenger vehicles. For example, tractor-trailers sometimes need up to 400 feet to come to a complete stop when traveling at highway speeds. If a hazard arises in the road ahead, but the driver fails to notice it from 400 feet out, they simply may not have enough time to come to a stop. Automatic emergency braking could provide the assistance that a truck driver would need to avoid a crash. Likewise, semi-trucks and big rigs have massive blind spots, known as no-zones, that wrap all the way around the passenger side to the rear of the truck. Blind-spot warning could help truck drivers avoid running other vehicles off the road or ramming them while attempting to merge lanes. In the coming years, installation of these features may shift from being recommended to being required in order to prevent additional roadway fatalities.

If you or a loved one has been injured in a New Mexico large truck accident, find out whether you’re entitled to money damages for your injuries by contacting the experienced and dedicated Las Cruces truck crash lawyer Samuel N. Kane for a no-cost consultation at 575-526-5263.

Related Links:

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A New Mexico woman was just awarded over $1.2 million in damages in a lawsuit against the Santa Fe Police Department due to injuries she suffered in a car crash involving a high-speed police chase with a stolen car. Learn more about the case below, and contact an experienced New Mexico personal injury lawyer if you have been injured in an accident involving the police or other emergency vehicles.

Car theft leads to high-speed chase

According to the Santa Fe Police Department, in April 2016, a 30-year-old man stole a Toyota from a local car dealership. During the course of their investigation of the theft, the police found the thief at his apartment in Santa Fe, and when he fled in the stolen Toyota, they began a high-speed chase to apprehend him. The thief had a history of property crimes, including burglary and auto theft. During the ensuing chase, the Toyota collided with an 80-year old New Mexico woman, severely injuring her.

Accident victim files suit against Santa Fe police

After the accident, the woman filed a lawsuit in a New Mexico district court against the Santa Fe Police Department, the city of Santa Fe, and the Toyota dealership from which the man stole the car. The woman claimed that the police were negligent in how they chased the stolen car and their negligence led to her accident and resulting injuries. Specifically, the woman alleged that the police chased the thief at speeds of up to 70 miles per hour and that where the Toyota hit her the speed limit was 25 mph. According to her complaint, the crash fractured her pelvis, fractured eight ribs, and caused bleeding in her lungs, among other injuries.

Jury awards $1.2 million in damages

After two years of litigation, the case went through trial and to a jury decision. The jury took four days to deliberate and ultimately found in favor of the plaintiff, awarding her $1,262,849 in damages for her injuries. The jury split up responsibility for the accident, and thus for paying portions of the damages, between the defendants, finding that the car thief was 50% responsible, the police department 40% responsible, and the Toyota dealership 10%.

If you or someone you know has been injured in an accident involving police or other emergency vehicles in New Mexico, get a professional assessment of your claims by contacting an experienced and passionate Las Cruces personal injury lawyer at the Law Office of Samuel I. Kane for a free consultation at 575-526-5263.

Related Links:

Causes of Auto Accidents in the Fall
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Drunken driving is not the only sort of impairment that makes drivers a danger on US roadways. While seemingly less morally wrong than driving drunk, driving while drowsy can have just as dangerous or deadly results. A recent study from a team at the AAA Foundation for Traffic Safety shows just how big a threat that under-rested drivers can pose when out on the road. Read on to learn more about the threats of drowsy driving, and contact a knowledgeable New Mexico personal injury attorney if you’ve been hurt in a drowsy driving crash.

Video footage of drivers provides opportunity to measure drowsiness prior to a crash

Drowsy driving isn’t always easy to uncover as the cause of a crash. Drowsiness can disappear in a moment, and drivers can’t be chemically tested by law enforcement for sleepiness. Official federal statistics place the annual rate of crashes caused by drowsiness at between 1% and 2%. In order to discover whether these statistics are accurate, AAA Foundation researchers used video footage taken of drivers to study how often drivers appeared to be drowsy when they were involved in a crash. The research team used video footage taken during a study of over-3,000 participating drivers who had agreed to be filmed while they were behind the wheel. Specifically, the researchers looked at the six seconds of video footage taken before a participating driver was involved in a crash. They slowed this footage down and measured how much time the driver spent with his or her eyes closed (an established scientific method for measuring drowsiness).

Drowsy drivers cause troubling share of crashes

According to the AAA Foundation’s findings, between 9% and 9.6% of all crashes involved a driver who showed symptoms of drowsiness in the moments before the crash. Moreover, about 10% of all accidents that involved personal injuries or major property damage involved a drowsy driver. These findings support other recent research that found drivers who had gotten less than seven hours’ sleep to be much less safe behind the wheel. Drivers who choose to get on the road while drowsy and are responsible for causing injury accidents may be held liable in court for their role in a crash.

If you’ve been injured in a New Mexico crash with a drowsy driver, get skilled and dedicated legal help with recovering the money you’re owed by contacting the knowledgeable and effective Las Cruces personal injury lawyer Samuel N. Kane for a free consultation at 575-526-5263.

A jury award in favor of the victims of a tragic accident involving a semi-truck has recently been upheld by a New Mexico Appeals Court. The ruling affirms the $165-million award of personal injury and wrongful death damages Las Cruces made by a jury after a 2015 trial, which made headlines as the largest-ever jury award in New Mexico’s history.

Accident on Interstate 10 between passenger truck and big rig

The events resulting in the jury award occurred in the early morning hours of June 22, 2011. 22-year-old Marialy Venegas Morga, of El Paso, was driving a GMC passenger truck along Interstate 10, roughly 20 miles outside of Las Cruces at 1:30 am. With her were her two children, Ylairam, who was 4 years old, and her son, Yahir, who was a year old. Marialy was either stopped or driving slowly with her hazard lights on at the time of the crash, with her truck only partially in a lane of traffic and partially riding on the shoulder. The passenger truck was struck from the rear by a Fed-Ex-contracted tractor-trailer being driven by Elizabeth Quintana, also of El Paso. Marialy and her daughter Ylairam, as well as the driver of the Fed Ex truck, were killed in the accident. Yahir was injured but survived the crash.

Surviving spouse and father and surviving parents seek personal injury damages through a lawsuit

Marialy’s surviving spouse and the father of her children, Alfredo Morga, filed a lawsuit against Fed Ex for damages relating to the wrongful death of his wife and child and the personal injuries suffered by his son. Marialy’s parents also participated in the lawsuit, seeking damages for the wrongful death of their daughter. At trial, the plaintiffs presented evidence that the driver of the Fed Ex truck had a history of emotional issues and was taking drugs for sleep disorders, both of which made her too great a safety risk to be allowed to drive for the shipping company. The plaintiffs also argued that FedEx should have provided training to its drivers on safe driving during the dangerous early-morning hours, but had not, making the company liable for the truck driver’s negligence. The jury found FedEx to be 95% responsible for the accident and awarded the husband, parents, and young son $165.5 million. FedEx appealed this award, which was recently affirmed by the New Mexico Court of Appeals.

If you or someone you love has been injured in a New Mexico truck accident, find out if you’re entitled to money damages for your injuries by contacting the dedicated, compassionate, and effective Las Cruces personal injury lawyer Samuel I. Kane for a Free consultation on your case, at 575-526-5263.

Related Links:

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Wrongful Death Suit Filed after Young Mom Dies Unexpectedly
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Wrong-Way Crash Kills Local Driver
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An accident in Las Cruces involving two separate vehicles has resulted in the death of a young woman. Members of the city government are calling for changes to be made to the intersection to prevent future such accidents.

Fatal pedestrian accident on Del Rey Boulevard

The recent local accident occurred on the 4200 block of Del Rey Boulevard, a busy stretch of the road that many locals have described as dangerous to pedestrians. A 19-year-old woman and student at New Mexico State University was crossing the street at about an hour after sunset when she was struck by a Las Cruces city bus traveling north on Del Rey Boulevard. The woman collided with the bottom left corner of the bus, which forced the victim into the opposing lane of traffic. A Buick Century headed south on Del Rey then struck the young woman. She was transported to MountainView Regional Medical Center, where she ultimately succumbed to her injuries. The accident remains under investigation. The bus driver has been placed on administrative leave as authorities investigate the accident and determine whether the driver was negligent or reckless in causing the accident.

Municipalities must plan streets with pedestrian safety in mind

As law enforcement investigates the incident, some city officials are asking whether the layout of Del Rey Boulevard in the area of the accident is partly to blame. The section of street lacks street lights or sidewalks, despite being home to a large call center which many employees must enter and exit on foot. Additionally, many of the call center’s employees must walk to a bus stop that is across the street from the call center, but no signal or protected crosswalk exists to prevent them from getting hurt while doing so. With no signal, crosswalk, or street lighting, these pedestrians can be difficult for drivers to see. When unsafe streets or poor intersection design result in injuries to drivers or pedestrians, developers and city governments may bear financial liability to accident victims for failing to provide adequate safety protections for roadway users.

If you or someone you love has been injured in a New Mexico pedestrian accident, find out if you’re entitled to money damages for your injuries by contacting the knowledgeable and seasoned Las Cruces personal injury attorney Samuel L. Kane for a free consultation on your case, at 575-526-5263.

Related Links:

Causes of pedestrian accidents
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New Mexico’s High Pedestrian Accident Rate
Police Investigating Albuquerque Pedestrian Accident, Driver Not Charged
Top Three Las Cruces Personal Injury Mistakes
When to Call a Personal Injury Attorney
New Mexico Supreme Court Rules on Personal Injury Statute of Limitations