Personal Injury

Personal Injury

Jury Awards Victim $1.2 Million After Crash With Stolen Car

- Samuel Kane

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 Offices of Samuel I. Kane for a free consultation at 575-526-5263.

Researchers Discover High Rate of Crashes Caused by Drowsy Drivers

- Samuel Kane

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.

$165 Million Verdict for Wrongful Death Victims Upheld by New Mexico Court

- Samuel Kane

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 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 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 safely 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 consultation on your case, at 575-526-5263.

Pedestrian Accident Takes Life of Young Woman

- Samuel Kane

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.

Police Settle Wrongful Death Suit Based on Las Cruces High-Speed Crash for $850k

- Samuel Kane

The surviving spouse of a man killed in a high-speed police car crash will receive $850,000 as a settlement of her claim that a reckless police officer caused her husband’s death. Learn more about the case below, and contact a knowledgeable New Mexico personal injury lawyer if you’ve been injured in a collision with an emergency vehicle.

Man injured when traveling through intersection on a green light

The settlement stems from an accident that occurred in July of 2015. Wayne Myers, 73, was driving a 2003 Toyota across the intersection of West Picacho Avenue and North Motel Boulevard in Las Cruces at the time of the accident. His wife, Barbara, was in the passenger seat of the car. The couple had just left an appointment with an oncologist, where Wayne learned that his cancer was in remission. Doña Ana County Sheriff’s Deputy Michael Richards was traveling in a marked law enforcement vehicle north on Motel Boulevard. He asserts that his sirens were on and emergency lights flashing as he responded to a call for backup at an incident where a fellow deputy was allegedly being held at gunpoint. Richards asserted that he stopped his vehicle before traveling through the intersection, and some witnesses agreed with this account. In any event, Richards collided with the rear of the Toyota carrying Wayne and Barbara. Wayne suffered a shoulder injury and was hospitalized. While at first the injury seemed to have been successfully treated, eventually complications developed which caused his death on August 14, 2015.

Lawsuit filed against county

Barbara Myers filed a wrongful death lawsuit against Doña Ana County, arguing that Deputy Richards had negligently caused the auto accident which resulted in her husband’s passing. The county argued that Richards had not been negligent on the day of the crash, pointing out that an investigating prosecutor had failed to file charges against the deputy. Nevertheless, the county agreed to settle the widow’s claims for $850,000. Her attorney stated, “We hope this case will be used by both DASO and LCPD to critically review their policies and procedures when crossing red lights against traffic and take this as an opportunity to provide further training to our law enforcement personnel to implement more training in this area and to better ensure the safety of not only the driving public, but also our police officers.”

Liability for reckless emergency vehicle drivers

Emergency vehicles using their flashing lights and sirens have the right-of-way on New Mexico roads, even when traveling against a red light or speeding. However, this does not mean that emergency vehicle drivers have no duty to ensure that it is safe to proceed. Under New Mexico law, emergency vehicles must still have “due regard for the safety of all persons” and can face liability for reckless disregard of others’ safety. Additionally, if these emergency vehicles are not using their flashing lights or sirens, New Mexico law does not permit them to travel at excessive speeds or through intersections against the signal. Drivers who fail to follow these laws can face consequences in the form of a personal injury lawsuit filed by accident victims.

If you need a skilled and experienced attorney to help you get the damages you’re owed after a serious crash in New Mexico, contact a Las Cruces personal injury lawyer at the Law Offices of Samuel I. Kane for a consultation, at 575-526-5263.

Wrong-Way Crash Kills Local Driver

- Samuel Kane

A recent crash on Interstate 10 has taken the life of a local man. The recent crash was a head-on collision, which is one of the deadliest types of collisions. Learn more about the recent crash and what often causes these types of collisions, below.

Wrong-way crash on I-10

The crash occurred just south of Las Cruces on Interstate 10. An 85-year-old man driving a 2000 Oldsmobile sedan was driving near mile post 150, close to the Mesquite exit, at approximately 10:30pm on Sunday, October 29, 2017. The car was traveling in the eastbound lanes, but was headed west, when it collided with a 2016 Chevrolet coupe. Law enforcement responded to find that the driver of the Oldsmobile had died at the scene of the crash. The driver of the Chevrolet was not injured in the collision.

Head-on collisions are deadly more often than other crash types

Head-on crashes are some of the most dangerous forms of motor vehicle accident. In fact, the Insurance Institute for Highway Safety has found that head-on crashes are the form of traffic accident that is most likely to result in fatal injuries. While only about 2% of all accidents are considered head-on crashes, roughly 7% of all fatal crashes in urban areas and 13% of fatal crashes in rural areas are classified as head-on collisions. These crashes are typically deadlier than other types of accidents, due to the fact that the force of both colliding vehicles combines when the cars strike one another head-on, resulting in a greater impact than other types of crashes.

Head-on crashes often result from a wrong-way driver becoming confused when entering a highway or turning onto a street. These accidents are more likely to occur at night, when visibility is low for drivers. A common cause of head-on collision is driver impairment from drugs or alcohol. This intoxication by many drivers who are involved in a head-on crash also tends to make these collisions deadlier, since drunk drivers are less likely to brake or otherwise try to avoid a crash before it occurs. Additionally, elderly drivers with impaired vision or who are prone to confusion are more likely to be involved in head-on collisions. Victims of head-on crashes may be entitled to money damages through a personal injury suit for their medical expenses, lost wages, or pain and suffering.

If you or someone you love has been hurt in a head-on collision in New Mexico, find out if you have a right to money damages for your injuries by contacting the knowledgeable and skilled Las Cruces personal injury lawyers at the Law Offices of Samuel I. Kane for a consultation, at 575-449-3644.

Causes of Auto Accidents in the Fall

- Samuel Kane

The sweltering days of summer are officially over and cooler days of fall have arrived. As welcome as this reprieve may be, this season also presents a number of unique issues which can increase the chances of being involved in a car wreck.

Common Causes of Car Accidents

Slippery Conditions

Our average rainfall may be at its highest during the summer, but we still see a fair amount of rain throughout the Fall months here in New Mexico. Rain creates slippery, dangerous surfaces for cars, motorcycles and trucks, and it can cause vehicles to skid or spin out of control when braking.

Ice and snow can also become a factor, particularly if you are traveling through some of the higher passages in our state. Beware of black ice and be properly prepared if you plan on driving through any areas which may have snow (have snow tires, snow chains, drive slowly, etc.).

Decreased Visibility

The days are becoming progressively shorter during the Fall which means a decrease in visibility. Statistics have shown that driving during the nighttime almost doubles your risk of being involved in a car crash because you cannot see what is ahead of you.

Fog is another issue which can increase your chances of being in an auto wreck. Foggy conditions can make it difficult for drivers to see more than one car length ahead of them. The best way to travel through the fog is to use your headlights (not your high beams) and to drive with caution.

Animal Crossings

The Insurance Institute for Highway Safety has reported that approximately 1.5 million car accidents each year in the United States involve deer or other large animals. October through to December is considered to be “deer season” which increases your risk of being involved in a deer-related car accident.

Whenever possible, try to avoid hitting the animal to prevent personal injury and damage to your vehicle. If possible, hit the animal at an angle while staying in your lane. This increases the likelihood of the animal spinning out of your car’s path so that you can avoid being impaled by a deer’s sharp antlers.

The Law Offices of Samuel I. Kane Can Help with Your Car Crash Claim

If the negligence of another while on the road has caused you injury, The Law Offices of Samuel I. Kane can help. Our team of legal experts are experienced in handling both insurance settlements and car crash personal injury claims, and we will work diligently to ensure that you are compensated for your pain and injuries.

We invite you to call to arrange a free consultation today at (575) 526-5263.

Top Three Las Cruces Personal Injury Mistakes

- Samuel Kane

Being injured because of the negligence of another can be traumatizing and shocking to anyone. But there are important steps to be taken if you want to maximize the results of your personal injury claim.

The Law Offices of Samuel I. Kane, P.A. has witnessed far too many injured individuals suffer losses simply because they made mistakes prior to and during their personal injury claim. We want to make sure that you can get the most out of your case by avoiding these top three personal injury claim mistakes below.

Three Personal Injury Claim Mistakes

Failing to Receive Medical Treatment

Your injury may seem minor at first, but the after-effects of your injury can show up hours or days after the event.

Seeking medical treatment is important for two critical reasons:

  • You can receive proper prescribed treatment quickly, reducing your recovery time
  • Your medical documents provide third party evidence of your injuries, pain and suffering, lost time from work, etc.
  • Whenever you are hurt, make an appointment with your family doctor or pay a visit to the emergency room. Your doctor will run diagnostic tests to see if you do or do not have any further injuries or ailments resulting from the injury

Providing a Statement to an Insurance Company

While you should contact your own insurance company in the event of an accident, you are by no means obligated to speak to the insurance company of any other party involved in an accident.

Before speaking to the insurance company of the individual who caused the accident, consult with an expert personal injury lawyer in Las Cruces. Your lawyer will likely advise you not to provide a recorded statement and will handle the other party’s insurance company so that you do not have to.

Settling Your Case without an Attorney

Far too often injured individuals settle when they do not know if their injuries are temporary or permanent, what sort of future treatment they will require, and what compensation they are entitled to.

Speak to an Expert Las Cruces Personal Injury Lawyer

The Law Offices of Samuel I. Kane, P.A. is an award-winning firm with a team of accomplished legal attorneys who are known throughout Las Cruces for fighting relentlessly for the rights of their clients. We commit ourselves to every case to ensure that you receive maximum compensation for your injuries.

At The Law Offices of Samuel I. Kane, P.A. we offer a free consultation to anyone who wants to learn more about their legal rights after suffering a personal injury. Schedule your consultation with us today at (575) 526-5263.

Wrongful Death Claimed As Man Ejected from Girlfriend’s Car

- Samuel Kane

Drunk drivers whose actions cause the wrongful death of others can face serious criminal charges ranging from financial penalties to community service and even time in jail. It is possible, however, for them to also face civil liability if a victim sues them, or if certain survivors sue those victims.

  • Criminal proceedings: Criminal proceedings are in place to protect the public from any future harm which may be caused by the alleged drunk driver. It is also used as a way to punish a drunk driver for his or her negligence and recklessness
  • Civil proceedings: Civil proceedings only occur if someone is suing the alleged drunk driver. With this type of lawsuit you can recover a number of damages, including medical costs and treatment, damaged property, lost wages, and other economic damages you may have suffered

Drunk drivers can receive criminal and civil charges.

A Recent Example

A girlfriend has been sued for wrongful death after her alleged negligence resulted in the death of her boyfriend.

In May 2017 the young woman and her boyfriend entered the Cerrillos Road exit near the I-25 southbound in Santa Fe, New Mexico. Their car collided with another vehicle, forcing the boyfriend to be ejected from the vehicle. He was transported to a hospital and placed on life support, but after a week his family decided to take him off life support.

Girlfriend Allegedly Drunk When Incident Occurred

The girlfriend was allegedly drunk at the time of the accident. She was also charged with careless driving and great bodily harm by vehicle.

The victim’s family has since filed a wrongful death lawsuit against the driver and her parents based on her being allowed to drive a vehicle that was registered to them and because the parents were aware of their daughters’ previous unspecified minor traffic charges.

Wrongful Death Suits Ensure Economic Stability for Families

When a loved one loses his or her life because of a drunk driver, it has a significant emotional and economic impact on family members. Filing a wrongful death suit ensures that everyone negatively affected by a negligent driver are at least financially compensated for their losses, and they are able to secure a more steady and stable financial future.

The Law Office of Samuel I. Kane P.A. in Las Cruces and surrounding New Mexico communities is committed to helping families recover from the untimely loss of a loved one, and we invite you call us today at (575) 526-5263.

Police Suspect DUI Caused Fatal Truck Accident on New Mexico Freeway

- Samuel Kane

In the wake of a fatal freeway collision between a Freightliner truck and a SUV transporting a young family, authorities have found increased evidence that alcohol played a role in the accident, including statements from surviving passengers.

According to the Sandoval County Sheriff’s Office, three passengers of the commercial truck who survived the incident admitted that they had been consuming alcohol before fatal crash. The group of men had been traveling home from work and were hauling large landscaping equipment at the time of the wreck.

Although toxicology results are pending to confirm whether or not the driver of the truck had been drinking, authorities indicated that current investigations currently point to the young family being the victims.

Court records also revealed that the driver of the truck had a history of DUI-related offenses, including a charge for driving under the influence while operating an off-highway vehicle. At the time of that incident, the man was also carrying a firearm, a violation of a previous felony drug conviction.

Common Causes of Truck Accidents

Because commercial trucks dwarf typical automobiles in size and weight, trucking accidents often carry severe, if not fatal, consequences. That’s why the trucking industry is so closely regulated, and why drivers are typically held to a much higher standard of care than other motorists.

In addition to DUI, there are a variety of factors that can contribute to a trucking accident. Some of the most common include:

  • Driver Fatigue – long hours behind the wheel and/or insufficient periods of rest leave drivers unable to stay awake on the road. This is the most common cause of truck accidents.
  • Faulty Equipment – accidents can be caused by blown out tires, loose bolts, improperly fastened cargo or large parts flying off trucks. It’s important to be sure a truck has undergone the appropriate preventative maintenance to operate on the road.
  • Poor Weather – heavy rain, hail, dust storms and snowstorms can make it very difficult for drivers to safely operate large trucks.

The most important thing in any truck accident situation is to seek the appropriate medical attention at the earliest possible opportunity. Only a qualified medical professional can diagnose personal injuries and recommend the best course of treatment or rehabilitation.

If you or someone you love have been involved in a truck accident and have sustained personal injury, you may be eligible to file a legal claim against the individual or organization responsible for your injury.

Truck Accident Attorneys in New Mexico

In New Mexico, the dedicated attorneys at the Law Offices of Samuel I. Kane are proud to serve as legal advocates for victims of personal injury, including those who have been involved in accidents with large commercial trucks. Our firm has years of proven experience in personal injury litigation, at both the state and federal level, and is committed to supporting you and your case every step of the way.

To learn more about our personal injury representation, or to schedule a complimentary initial consultation with a member of our legal team, contact the Law Offices of Samuel I. Kane at (575) 526-5263.