Leon Family Satisfied With FedEx Wrongful Death Jury Verdict of $5.5 Million

While no amount of money could ever compensate Elia Leon and her three children for the wrongful death of her husband and father, she was satisfied with the FedEx wrongful death jury verdict of $5.5 million.  An Albuquerque Federal Court jury returned the multi-million dollar verdict against FedEx on Friday afternoon.

"I hope that FedEx changes its practices and begins a truck driver safety program so that other families won't suffer personal injuries and wrongful death from FedEx drivers," said Elia Leon.  "The loss to our family when Martin was killed by the FedEx truck driver changed our lives forever."

Martin Leon was killed on November 30, 2011 while he was a passenger in the FedEx tractor-trailer on Interstate 40 near Grants, NM.  He was in the sleeper compartment of a FedEx semi truck when his co-driver Fernando Martinez-Leandro rear-ended a slower moving  semi truck operated by Puckett Transportation.  Martinez-Leandro told investigating officers that he had fallen asleep before rear-ending the Puckett truck.

Martin Leon was a 48 year old  resident of Los Angeles, CA. In addition to his wife Elia, he left three children, Juanita, Adrian and Luis.

Following the death of Martin, Elia Leon hired Mark Caruso with Caruso Law Offices to represent her in a wrongful death claim against FedEx and Puckett Transportation. The lawsuit was filed by Caruso in US District Court in New Mexico and assigned to Federal Court Judge James Browning.

Elia Leon ultimately settled her claim against Puckett Transportation and its driver, but the lawsuit against FedEx and its driver was heard by the Albuquerque jury and Judge Browning last week.   The 5 day jury trial resulted in a jury awarding $5.5 million to the Leon family.

The family argued negligence and negligence per se statutory violations in the operation of the FedEx semi truck by Martinez-Leandro.  The family also argued that FedEx  failed to provide driver safety training to Martinez-Leandro and other FedEx  drivers.

Evidence  at trial proved that the trucking industry standard is for trucking companies to provide regular on-the-road truck driver safety training and that such regular truck driver safety training results in less crashes and less injury and death to the public.

FedEx attorneys argued that neither FedEx or its driver were negligent in the operation of the semi truck.    FedEx attorneys also argued that FedEx did not need to provide regular truck driver safety training to Martinez-Leandro or other FedEx drivers.

FedEx was represented by the Rodey Law Firm from Albuquerque and FedEx national counsel from Pittsburgh, Pennsylvania.   Mark Caruso with Caruso Law Offices and Paul Barber represented the Leon family.

For additional information contact Mark Caruso at  (505) 883-5000  or   mark@carusolaw.com   or see the website at www.CarusoLaw.com   or    www.NMTruckAccidentAttorneys.com

Albuquerque Jury Awards Family $5.5 Million in FedEx Wrongful Death Case

By: Mark Caruso, Albuquerque Accident Attorney

An Albuquerque Federal Court jury awarded $5.5 million on Friday afternoon to the family of Martin Leon who was killed by the driver of a FedEx tractor-trailer.

Martin Leon, 48, of Los Angeles, CA was killed on November 30, 2011 leaving his wife and three children. The wrongful death lawsuit was filed by his widow, Elia Leon. The lawsuit sought personal injuries and wrongful death against FedEx and its driver.

The fatal crash happened at 11:00pm on Interstate 40 near Grants, New Mexico.  Fed Ex driver Federico Martinez-Leandro rear-ended another slower moving tractor-trailer at about 68 mph.  Martin Leon was in the sleeper compartment of the FedEx trailer. The sleeper compartment was completely demolished.

At the scene of the horrific crash the FedEx driver told officers that he had fallen asleep.  He was pulling two trailers when he suddenly changed lanes from the left lane to the right lane and collided with the rear of another tractor-trailer.

The Leon family claimed that no driver safety training was provided to its semi truck driver. The family also claimed that the FedEx driver and FedEx  itself were negligent in the operation of the semi truck.

"We asked the jury to send a strong message to FedEx that it must begin over-the-road safety training of its semi truck drivers.  FedEx officials admitted at trail that it provided no over-the-road driver safety training," said Leon's attorney Mark Caruso.

"The Leon family continues to struggle with the death of their father and husband," said attorney Caruso.  "The death has really affected his 14 year old daughter Juanita who was only 10 at the time of he father's death."

The 5 day Albuquerque jury trial was held before US District Judge James Browning.  The family had already settled their case with the trucking company responsible for the slower moving tractor-trailer. 

The Leon family was represented by Albuquerque trial attorney Mark Caruso, who was also involved in last year's Santa Fe lawsuit that resulted in a $16.5 million jury verdict against FedEx.  In that case, the FedEx tractor-trailer rear-ended a passenger vehicle.
 

FedEx Safety Manager Admits 40 to 50 Percent of FedEx Crashes Causing Injury or Death Are Preventable

By Mark Caruso, Attorney

FedEx Ground Manager of Safety Programs and Response Michael Sear recently admitted under oath that about 40% to 50% of all FedEx Ground semi truck accidents causing injury or death are preventable.  Sear made the statement in a sworn deposition in Albuquerque on September 24, 2015.

Sear was asked the following question:

"Can you tell me, based on your knowledge of the preventability work that you do, approximately how many or what percentage of FedEx Ground accidents involving injuries or fatalities are classified as preventable?"

Sear responded as follows:

"I would guess that the last that was looked at, and this is a guess, between 40 to 50 percent."

FedEx Ground has 8,000 semi-trucks traveling our nation's roads.

Crash records kept by FedEx Ground show that there were 878 semi-truck crashes causing injury or death over a three year period from 2008 to 2011.

That means that about 440 semi truck crashes were preventable but could have been easily avoided had the FedEx Ground driver taken steps to reduce risk. In these specific crashes the FedEx driver failed to meet the higher standard of performance required of tractor trailer drivers.

 

What is a preventable semi-truck  crash?

The Federal Motor Carrier Safety Regulations (FMCSR), Appendix A to Part 385 defines truck crash preventability as follows:  "If a driver who exercises normal judgment and foresight, could have foreseen the possibility of the accident that in fact occurred and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap, the accident was preventable"

The American Trucking Association's Guidelines for Determining Preventability of Accidents defines preventability as follows:  "The concept of preventability is based on the premise that a professional driver is expected to meet a higher standard of performance than the average motorist.  It is self-evident that the professional driver should be able to observe and assess the behavior of pedestrians and other drivers and recognize those actions which may create hazardous conditions and take every reasonable measure to avoid involvement in an accident."

What must FedEx do to reduce preventable semi-truck crashes?

According to nationally known truck industry safety expert Lew Grille, FedEx does no training of their drivers after they are hired, and this contributes to increased preventable semi truck crashes.

 FedEx managers have themselves stated that they do not provide any training to their semi truck drivers. The do not train their drivers in the industry approved Smith System of commercial driving. They do not offer fatigue training, night time driving training or any continuing truck driver training. They only certify that their drivers have a Commercial Driver's License.

FedEx failure to provide fatigue training or night time training to their semi truck drivers resulted in the death of at least 3 people in New Mexico in 2011 alone.

Two members of the Morga family were killed and one severely injured in a 2011 crash on Interstate 10.  The FedEx Ground semi truck driven by Elizabeth Quintana crashed into the rear end of the Morga vehicle. A Santa Fe, New Mexico jury awarded $165.5 million to the Morga family.

Martin Leon was killed in a 2011 crash on Interstate 40.  He was a FedEx co-driver who was asleep in the sleeper of the tractor when his co-driver Fderico Martinez-Leandro crashed into the rear end of another vehicle.   Martinez-Leandro was cited by authorities for his improper driving. A lawsuit filed by the family of Martin Leon has been filed against FedEx and Martinez-Leandro and is pending in US District Court for New Mexico.

Attorney Mark Caruso has been directly involved in the litigation of both cases. For further information about Mark Caruso see www.NMTruckAccidentAttorneys.com or www.CarusoLaw.com or 505-883-5000



 

Truckers Often Drive At Speeds Their Tires Can't Handle

By Mark J. Caruso, Attorney

When was the last time that you were driving 70 mph on a New Mexico highway and were passed by a tractor trailer  going 75-85 mph?   The windblast of the tractor trailer may have  blown your car a little off course as it passed by.   It's probably happened more frequently than you want.

Beyond the obvious dangers of the semi truck moving at that high speed, there are hidden dangers as well from the  truck's tires on its tractor and trailer.   Most of the  commercial truck tires installed on semi trucks are designed for a maximum sustained speed of 75 mph.



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Pushing a commercial truck tire above its rated speed is a recipe for disaster.  The constant heat generated from the friction of the tire on the asphalt or cement can cause the tire to break down and fail.  With long hours of travel on the road, it doesn't take long for the commercial truck tire to  heat up and create a dangerous situation .

You have probably seen the remnants of truck tires littering our state's roads.



Excessive speed has been linked to many truck tire blow outs and crashes causing severe injury and death.

According to trucking data maintained by the National Highway Traffic Safety Administration (NHTSA), between 2009 and 2013 there were over 14,000 crashes in the United States involving heavy commercial trucks.  These crashes resulted in  16,000 deaths.  Tractor trailer tire failure was a reported factor in almost 200 of those crashes.

The trucking industry has argued that tire blowouts are caused by tire manufacturing problems, citing a high volume of instances with certain tire brand models.  However, investigations performed by NHTSA rejected such allegations.  It concluded that the most likely cause in each instance was "driver error"--that is, semi truck truck drivers pushing the truck and trailer tires beyond their speed ratings.

The trucking industry has also argued that the problem is not "driver error" because states have high speed limits. It is true that 14 states (including New Mexico) currently have highway speed limits of 75 mph or higher.  However,  just because state law permits travel at a specific speed does not mean that it is safe for semi truck drivers to travel at this speed. 

 

A responsible tractor trailer driver is required by the Federal Motor Carrier Safety Regulations(FMCSR) to know the limits of his/her equipment and is always required to take safety into consideration in operating the tractor trailer.  Further, the FMCSR requires the tractor trailer driver to regularly maintain his/her tractor and trailer, and this includes close inspection of all tires on a regular basis. The driver must check all 18 tires of the 18 wheeler.

If you or someone you know has been involved in an crash with a tractor trailer, semi truck or other commercial vehicle, it is strongly recommended that you consult with an attorney specifically knowledgeable about the handling of complicated truck accidents. Please contact NM Truck Accident Attorneys at 505-883-5000 for a free consultation. Also, see www.NMTruckAccidentAttorneys.com or www.CarusoLaw.com








 

Drunk Driving Is More Than A Mistake--Victims Deserve Justice Under New Mexico Law!

Drunk Driving Is More Than a Mistake — Victims Deserve Justice Under New Mexico Law!

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

Despite public education and strict laws against drunk driving, there were still thousands of drunk driving accidents in New Mexico in 2015.  Many of these collisions resulted in death.

Over the years there have been new laws introduced in the NM Legislature for stronger DWI laws, but there seems to always be  opposition by lobbyists associated with the liquor industry lobbyists and politicians to defeat tougher DWI laws.

As politicians continue to debate, the collisions caused by drunk drivers continues...year after year.  If you are like most New Mexicans you are sick and tired of hearing about injuries and deaths caused by drunk drivers.

Mothers Against Drunk Drivers of NM (MADD-NM) publicly supports safe driving and consoles families of those killed by drunk drivers.  But they have a limited budget to do what they do best.

We sympathize with the outrage of drunk driving victims and their families

At Caruso Law Offices  we have worked with many families whose lives have been forever changed by drunk driving accidents. We are also frustrated with these senseless accidents. Many of us at the firm have had friends or relatives killed by drunk drivers.

Our job as drunk driving accident attorneys is to make sure that those responsible pay the consequences, and that their victims are compensated to the fullest extent permitted by law. That's why we use every legal and negotiation skill at our disposal to obtain justice as well as financial compensation after serious drunk driving accidents.

Mark Caruso is a member of the Attorney Advisory Board for New Mexico Mothers Against Drunk Drivers (MADD).  He has handled many wrongful death cases and hundreds of injury cases resulting from drunk drivers.

Punishing Drunk Drivers in Civil Court

Drunk drivers must answer for their actions in civil court or through insurance claims against them.  These civil claims are where we come in.

Insurance claims involving drunk driving accidents are different from other types of motor vehicle accidents because the injury victims or surviving families may be entitled to punitive damages in addition to compensation for the economic, personal, and other losses suffered.

Punitive damages are allowed by NM law where a drunk driver caused injury or death to others. The purpose of punitive damages is punishment to the drunk driver... to hurt the drunk driver financially and to enforce the seriousness of their actions. The idea is that if the drunk driver has to pay punitive damages, then he/she will not drive drunk again.

Punitive damages are available in drunk driving accidents in New Mexico because drunk driving is more than a mistake. It’s close to an intentional act like assault. A person who has had too much to drink and who gets behind the wheel of a car knows there’s a good chance of an accident.

Depending upon the circumstances, punitive damages may  exceed the financial damages suffered in an accident. Because of this possibility, we must carefully examine all of the factors regarding the accident, such as whether the driver had a history of driving drunk.

In addition to punitive damages, victims of drunk drivers are entitled to payment for medical bills, pain and suffering, lost earnings and wages and partial permanent injury and impairment.

Advocating for Families in the Criminal DUI Case

DUI and DWI accidents that cause serious personal injury or wrongful death will be prosecuted in New Mexico's criminal courts, where drunk drivers face possible criminal,  fines, driver’s license suspension, vehicle confiscation, breath analyzers (blow machines in personal vehicles) and jail time.

Drunk driving victims and their families may need advocacy in the criminal proceedings against the drunk driver who caused the accident.  We strongly support MADD (Mothers Against Drunk Drivers) which is especially adapted to assist victims.

Because one of our associates at Caruso Law Offices used to be a prosecuting attorney handling many DWI cases, we are keenly aware of how the criminal system works.  We help explain the criminal process to our  clients  as clearly and plainly as possible. We also can assist our clients in the criminal proceedings against the drunk driver. We present the victims’ view of events to the prosecuting attorneys and can help prepare victims to testify at trials about the effect of the DWI accident on their lives and families.

Drunk Driving Victims and Their Families May Also Be Entitled to Compensation in Criminal Proceedings

Under New Mexico law, drunk driving victims may have the right to compensation through the criminal process for any costs associated with the accident that are not covered by insurance. This is called victim restitution.

Through both the civil litigation to recover damages and the criminal process and victim restitution, we assist our drunk driving accident victims and their families every step of the way to see that justice is done and that they are compensated to the maximum extent permitted by law.

Discuss Your Questions With Experienced Drunk Driving Accident Lawyers

Drunk driving cases are serious — often resulting in life-changing injury such as brain injury, spinal cord injury or wrongful death. Each case deserves serious attention from knowledgeable drunk driving accident lawyers. Mark Caruso has 33 years legal experience in personal injury. As a former insurance company attorney who now works for victims, he knows the ins and outs of the insurance claims practice to get clients the most money possible.

If you were seriously hurt or a family member was killed in a fatal accident, contact our Albuquerque law firm for an immediate and confidential consultation about your legal rights. Our drunk driving accident lawyers can help you or your family get the financial compensation to which you are entitled.

Our drunk driving accident attorneys meticulously examine all of the facts and circumstances surrounding every accident, including the actions of the responsible drunk driver and factors such as the road conditions and whether the driver was served alcohol when he or she was visibly intoxicated.

We will also explore the circumstances causing the driver to become intoxicated.  Often times the store, restaurant or bar where the liquor was purchased is liable under New Mexico's Dram Shop Law.

To schedule a free and private consultation with Mark Caruso or one of the attorneys at Caruso Law Offices, call 505-883-5000, or contact us at mark@carusolaw.com  Please also see our website at www.carusolaw.com

We will meet with you and provide a free evaluation of your case. You’ll be able to meet our entire team that will represent your interests and be there with your every step of the way.

Call us. We can help.

Dangerous Road Conditions Cause Dozens of Auto Accidents in Albuquerque

By Mark Caruso, Albuquerque Personal Injury and Wrongful Death Attorney

With dozens of auto accidents in Albuquerque because of dangerous road conditions, it is important that you understand how to handle the situation with the other driver.  

Ice and snow covered roads are inherently dangerous!  

The best way to avoid an accident is to drive slowly and safely.

But what should you do when the other driver slides on ice into your lane of traffic?

First, call the police!

With so many accidents from the iced roads, Albuquerque Police Department (APD) may argue to you that they will not respond unless there are injuries.  Because you are not a medical expert, you are not in a position to diagnose whether or not you have an injury.  You may have an injury that shows up an hour after the collision.

You must have APD respond.  Don't settle on 911 telling you to just exchange information with the other driver or file a station report the next day.

The reason why you must have the police respond is to document in writing what happened in the collision. The APD officer will document it on a police report that is signed by him/her.

Caruso Law Offices, PC

It is urgent that the APD officer write down that the other vehicle slid into your vehicle while you safely operated your vehicle in your lane of traffic. The APD officer will state on the report what each driver told him and make his/her  conclusions as to the cause of the collision.

The explanation as to how the collision occurred will change after the other driver gets home and talks to others or their own insurance company.  The other driver and their insurance company may argue that the accident was your fault because you entered their driver's lane of traffic.

Also, remember that the APD officer's lapel cam will be running from the moment he/she exits the vehicle up until they re-enter their vehicle.  Everything you and the other driver say will be recorded by the officer.

Because of the recording, please remember that you are being recorded.  Be respectful, don't use cuss words, and just give a concise explanation of exactly what happened.

Our law firm always requests a copy of the APD officer lapel cam, and it is amazing what people say to the officer following the accident. Remember, you are on camera!!!!

Second, use your cell phone to photograph the scene and make a recording of the other driver stating that the accident was their fault.

Photograph the damage to the vehicles, the roadway, the ice on the roadway, the direction of the slide, etc.  You can't take too many photos.

Video or voice record the other driver stating that the accident was their fault or that they are sorry for what happened. Generally, people are more honest immediately after the accident when their adreneline is flowing.

Their story may change when they leave the accident scene and try to find an excuse as to why the accident happened.

It is very important that you consult with an attorney following an accident on ice and snow.... LIABILITY WILL BE QUESTIONED 

The liability claim (who is at fault) is much more complicated in accidents occurring on ice or snow. Insurance companies usually try to argue that an accident on ice and snow is 50-50 split. Half their driver's fault and half your fault.  Expect the insurance adjuster to claim that you slid as well and that you failed to stay in your lane of traffic.

Don't fall for this argument. Don't agree to a 50-50 split. This means that you were half at fault for the accident that you really didn't cause.  Talk to an attorney before you agree to any such division of liability.

These cases become even more complicated if you slide after putting on your brakes because the other driver is sliding into you or if the impact forces you to slide into another vehicle.

Caruso Law Offices exclusively handles motor vehicle accidents.  It's all we do, and we are good at it.  Please see our testimonials published on our web site www.carusolaw.com

My name is Mark Caruso.  I have 33 years of legal experience.  I was an insurance company attorney before I began helping people being ripped off by insurance companies.  Now my staff of attorneys and I exclusively represents the victims of auto accidents.  We know the ins and outs of the insurance claims practice.

Please call me at 505-883-5000 or contact me personally at mark@carusolaw.com to arrange for an in person or telephonic appointment with me, not a paralegal, to discuss your car accident.  Again, it is urgent that you speak with an attorney before talking with the other person's insurance company.

Remember, we handle cases on a contingency fee basis.  That means we are only paid if we win money for you.  It costs you nothing up front to talk with me.  We are paid at the end of the case only if you are successful.

Act Quickly After Your New Mexico Car Accident

By Mark J. Caruso, Personal Injury and Wrongful Death Attorney


I must stress again the importance of acting quickly after your car or truck accident claim.  If there is any question as to the fault for the accident, you need to get evidence quickly to prove that you are not at fault.
After 32 years of handling personal injury and wrongful death claims, I have seen evidence disappear on many occasions.  It's usually a defendant who does whatever they can do to keep from paying money.  Oftentimes it is an insurance company and trucking company.


I was recently hired to represent a very nice family whose husband and father was killed in an crash with a tractor-trailer.  The family hired me two weeks after the crash to represent them on a wrongful death claim against the trucking company and its driver. I immediately notified the tractor-trailer company and its attorney that the evidence on the tractor-trailer should be secured for inspection by my trucking experts. The company moved the vehicle and most all of the evidence lost just 3 days after the crash, when they moved the tractor-trailer over 150 miles away.


Spoliation of evidence is the legal term for altering or destroying physical evidence that can be used at trial.  Claims adjusters often alter or destroy evidence to favor their client. To do so is wrong and in violation of New Mexico law.


Unfortunately, the only way to beat the spoliation of evidence by claims adjusters is to quickly hire an attorney who can quickly write a letter to the adjuster demanding that the evidence be preserved.  In the case above, even though the family hired our firm two weeks after the crash and my letter was on the attorney's desk two weeks after the crash, the evidence was gone.
That's why you need to hire a personal injury or wrongful death attorney quickly after your car or truck accident claim. It's important to hire an attorney who only handles these types of claims--day in and day out.  The attorney will know what kind of evidence needs to be safeguarded and how to safeguard it quickly.
Mark Caruso has been named one of the 10 top personal injury and wrongful death attorneys in the state of New Mexico. I have trained our staff and experts to handle this evidence safely and quickly. My attitude is to cross every "t"  and dot every "i" now, because you won't be able to do it later on.  What that means is that you need to take every action immediately because it may be too late later.


I encourage you to immediately contact me or one of the attorneys at Caruso Law Offices if you have any question as to the fault in the collision.  We have an excellent group of experts that we can send to the evidence as soon as we are hired to gather the evidence to use to show that you are not at fault for the collision.


Please feel free to contact us for a free consultation at 505-883-5000 to discuss your personal injury or wrongful death claim with one of our award winning attorneys.


We have two locations in Albuquerque to serve you--Montgomery and Carlisle (Main Office) and Coors and Interstate 40 (Satellite Office).  We travel the throughout the state and represent clients in almost every county and pueblo.  We can meet you after hours and on Saturday and Sunday, and we do home, hospital and work visits.


Please see our main web site at www.carusolaw.com if you have other questions about our firm.


We look forward to hearing from you.

Hit and Run Accidents Increasing in Albuquerque and New Mexico

Albuquerque, NM Hit and Run Accident Attorney Blog  505-883-5000

Hit and run accidents have been steadily increasing in Albuquerque and New Mexico. There are probably two causes for this increase--tougher DWI laws and failure to purchase liability insurance coverage.

Mark Caruso, Personal Injury Attorney

Tougher DWI laws have resulted severe consequences for the drunk driver with very high attorneys fees and court costs as well as the installation of expensive breathalizers. In most instances it will cost about $4,000 to $5,000 if you are charged with a DWI.

As a result, drunk drivers who cause car crashes will often leave the scene of the crash to avoid being convicted of the DWI.  The cost of a citation for a Hit and Run is so much less expensive than a charge of DWI.

Also, as the economy is affecting NM poor, one of the first expenses that have been eliminated from the budget is the automobile liability insurance.  To them  it is more important to put a home over your head and pay for groceries than it is to pay for automobile insurance.  Unfortunately they continue to operate their vehicle on NM roadways without the state's mandatory insurance coverage.

As a result, uninsured drivers who cause car crashes will often leave the scene of the crash to avoid paying for the property damage and personal injuries caused by their negligence.

Our personal injury law firm has clearly seen increased Hit and Run cases.  Our research has shown that it is an economic decision made by the person who caused the crash to avoid responsibility for their actions.  Unfortunately,  their negligence and intentional act of leaving the scene of the crash causes harm to others.

If the hit and run driver is later caught by Albuquerque's Hit and Run Division, the driver's insurance will pay the damages caused by their insured. The individual who was injured  by the hit and run driver may also be able to collect punitive damages as  additional punishment money.  However, the net cost to the hit and run driver may only be a citation and higher insurance rates.  The hit and run driver escapes the financial and criminal cost of the DWI.

This is not true for the uninsured driver who has no insurance to pay for the damages he/she caused. Instead the individual who was injured by the hit and run driver must bring a claim against his/her own uninsured motorist coverage.  The uninsured motorist coverage will pay for the property damages and personal injuries to the innocent driver.

The insurance company which pays will then seek direct compensation from the uninsured driver.  This means that the uninsured driver must not only pay the citation for the hit and run but also pay for all the damages out of his/her own pocket because they didn't have liability insurance.

Because we represent victims of hit and run accidents on a daily basis we are uniquely qualified to handle these types of cases.  Mark Caruso is a former insurance company attorney with 32 years of experience, and his staff has been specifically trained to handle all types of personal injury cases.  Our firm only handles personal injury claims.

If you would like more information please contact Mark Caruso directly at 505-883-5000 or visit our website at http://www.carusolaw.com   We will give you an in person appointment with an attorney at no obligation.

Blog by Mark Caruso,  Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

New Mexico Dust Storms Are Recipe for Disaster for New Mexico Drivers

NM Dust Storm Accident Attorney

This week several families suffered the extreme loss of the life of their loved ones in a horrific vehicle crash on Interstate 10 near Silver City. Others suffered personal injuries and were rushed to nearby emergency rooms. Our prayers are with all of these families.

Drivers were safely driving their vehicles when a sudden dust storm blinded all drivers and caused the crash of tractor trailers and personal vehicles. This area is notorious for sudden dust storms causing zero visibility. Caruso Law Offices currently represents victims of dust storms in this same area. They slowed their vehicle when the dust became too obstructive to see where they were going, and they wer slammed in the rear by a semi-truck going 55 mph. Fortunately, they survived the rear-end crash but suffered major injuries.


What can be done to stop these dust storms? Nothing can be done to stop the dust storm. They are a natural phenomena. More rain in the area would help reduce the threat.

What should you do when confronted with the sudden dust storm? Slow down! Drive defensively. Turn your bright lights on. Turn your flashers on, and slowly pull over to the shoulder making sure that you are well off the road. Don't stop your vehicle on the roadway, as this is against the law even in a dust storm. I also recommend turning on the interior lights to make you as visible as possible. Don't stop your car too close to the vehicle in front of you.

The storm will be over as quickly as it started. Don't get on the road right away. Stay on the shoulder until you can see if there are any accidents in front of you. Be extremely careful as you re-enter the roadway.

Should you be involved in an accident, stay in your vehicle until the storm is over. There is the possibility of a chain reaction with other vehicles behind you, and you are safer in your vehicle than in the road during the dust storm.

If you are involved in a collision caused by a vehicle on the side or behind you, it is important to speak with an attorney as soon as possible. We need to immediately gather facts and evidence to determine the person or persons at fault and make sure that you have no liability for the collision. We can send an investigator to the scene and discuss the collision with the investigating authorities. It is important to gather all of the facts and statements as quickly as possible.


Because we have handled so many collisions and crashes caused by dust storms in New Mexico we have a unique way of handling these types of cases. And that is why we have been so successful for our clients, getting the full value for the repair or totaling of their damaged vehicle, a rental vehicle and full compensation for their injuries--medical bills, pain and suffering, lost earnings and permanent injury.

I used to be a former insurance company attorney, so I know the ins-and-outs of the insurance claims business. I used to represent the insurance companies, but now I exclusively represent the victims of the negligence caused by another. We use our experience to represent our clients to get them the highest compensation possible.


Please see our client reviews at our main website www.carusolaw.com There is no better way to pick an attorney than to see actual testimonials. And if you would like to see the actual written testimonials, just call and ask to see them at our office. We pride ourselves on good endorsements from our clients. That's why we have been so highly rated by the Better Business Bureau A+, AVVO and other independent rating organizations.

We offer a free consultation with our attorneys at one of our two offices in Albuquerque--the Northeast Heights or the Westside. We also will travel to meet you at any location in New Mexico, including your home, place of work, hospital or nearby coffee shop. Please call us at (505) 883-5000 to speak with me or one of the attorneys in our office. We look forward to hearing from you.

Blog by Mark Caruso, Personal Injury and Wrongful Death Attorney  (Albuquerque, NM)

Mark Caruso Named Top 100 New Mexico Litigation Attorneys by American Society of Legal Advocates

Best Personal Injury and Wrongful Death Attorneys in New Mexico

       Albuquerque Personal Injury and Wrongful Death Attorney Mark Caruso was named a top 100 litigation attorney in New Mexico.  The American Society of Legal Advocates is an invitation-only, nationwide organization of elite lawyers in practice today who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards. A team of lawyers spent six months researching tens of thousands of lawyers across the country and manually selecting less than 1.5% of all lawyers based on an array of criteria. ASLA’s Top 100 Lawyers listings recognize exceptional legal talent.

 ASLA strives for practical diversity and rich experience in order to offer the best resources to those seeking counsel. ASLA’s easy-to-search directory enables those seeking representation to choose among a carefully-selected, highly-qualified community of lawyers with experience in wide-ranging practice areas in virtually any jurisdiction.

 With membership limited to less than 1.5% of of all licensed lawyers nationwide, ASLA selects outstanding lawyers in all states, with specialties varying per state depending on the number of practicing lawyers. ASLA aims to serve as a go-to source of exceptional legal advocacy, and, in turn, to strengthen professional relationships and best practices among member lawyers.

Mark Caruso is a 1982 graduate of Pepperdine University School of Law.  He is licensed in both California (1982) and New Mexico (1987) and exclusively represents victims of personal injury and wrongful death.  Caruso Law Offices offers two offices in Albuquerque for its clients--the North East Heights and the West Side. However, Caruso represents clients statewide throughout New Mexico and its reservations and pueblos.

Please visit our website at www.carusolaw.com or contact us directly at 505-883-5000 for a free and confidential appointment with Mark Caruso to discuss your personal injury or wrongful death claim.

Blog by Mark Caruso,  Albuquerque, NM Personal Injury and Wrongful Death Attorney


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At Fault Driver Uninsured? Don't Give Up On Your Claim Without Speaking to an Attorney!

Former Insurance Company Attorney Mark Caruso Gives Honest Answers to Your Questions.

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)



At Caruso Law Offices, we deal with people who have been hurt in car accidents every day. Having auto insurance in place is a legal requirement in New Mexico, and our clients are shocked to discover that there are many people who get behind the wheel without this necessary coverage in place. When an accident occurs, they are at a loss to understand exactly what happens to their right to be compensated in a fair manner for their injuries and expenses. 

New Mexico is a Tort State

New Mexico operates under the tort system for car insurance purposes. The driver who is found legally at fault is responsible for paying for the damages he or she caused. People who have been injured have the right to sue to recover damages. Drivers are required to buy a minimum level of liability coverage, which pays for the injuries and damages they cause in an accident. The minimum requirements are as follows:

·  $25,000 in bodily injury coverage for a single accident victim

·  $50,000 in bodily injury coverage for all injuries caused in the same accident, regardless of the number of victims

·  $10,000 in property damage coverage

If You are Injured in a Car Accident

Caruso Law Offices, (505) 883-5000

In a situation where a car accident occurs and the other driver is at fault, you would be looking to him or her to compensate you for your injuries and damages. The first thing you would need to do is make sure that your health is looked after by getting appropriate emergency medical treatment, as well as any follow-up care recommended by the doctor. You will still need to continue paying off your car, since you are responsible for this expense even if your vehicle is in the shop. In the normal course of events, the at-fault driver's insurance company would pay your claim for damages. You may be asked to get more than one estimate before starting the work on your car, but you also have the option of having your own insurer pay for the damage, less your deductible. This could get you on the road more quickly than waiting to get estimates or have the damage inspected.

 

Getting Compensation for Your Injuries from an Uninsured Driver

The Insurance Research Council estimates that one in seven drivers is uninsured (2011). If you have been injured in an accident where the at-fault driver does not have insurance, the first place you should look to seek compensation for your injuries and damages is whether you have coverage under your own insurance policy through uninsured driver coverage. If you have this type of insurance, your own insurer will pay your claim for damages.

If you don't have any insurance coverage in place and the at-fault driver does not have insurance, you still have the right to sue and get a judgment against him or her. Don't assume that it is not worth your while to make a claim against someone who does not have auto insurance coverage before speaking with an attorney about your situation. 

The last thing you want to do is assume that the person responsible for causing your injuries has no assets that can be recovered to pay for your damages simply because his or her auto insurance coverage may have lapsed at the time of the accident. Being involved in a motor vehicle accident is a high-stress situation and you need someone on your side to can provide advice about the best way to continue. 

Your attorney can look at the facts of the accident, as well as the damages you have incurred and provide you with an expert opinion about your case. You can get the facts you need about preserving your right to sue by acting within the time limits set out by law as well. The worst thing you can do in a situation where you have been injured in an accident with an uninsured driver is to do nothing. Get the facts from an expert who is on your side, and that means speaking with a licensed attorney as soon as possible, even if you don't know the full extent of your injuries after the accident.

Call Mark Caruso, personal injury and wrongful death attorney, at Caruso Law Offices for a free consultation at (505) 883-5000 or visit www.carusolaw.com


By:  Julie Bradgate

Neck Pain and Back Pain After NM Car or Truck Accident? Answers by Former Insurance Company Attorney.

I have neck pain and back pain after my New Mexico car accident... Who will pay for my injuries?
By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

Will the insurance company for person who caused accident pay for my exam and treatment by a doctor or chiropractor?

 

Will the ambulance, hospital or doctor agree to directly bill the insurance company for person who caused accident?

 

These are some of the most common questions we are asked at Caruso Law Offices by people who were just involved in a auto, car,  truck, motorcycle, bicycle or pedestrian accident or collision. They may have been taken away by an ambulance to the emergency room and sent home with medications.  They may have begun treatment with an orthopedic doctor, their primary care doctor or a  chiropractor.

 

But it is usually the same question....

 

Who will pay for my injuries?

 

 

If you have health insurance, you have less problems.  Most New Mexico health insurance companies such as Lovelace, Presbyterian and Blue Cross Blue Shield will immediately pay the ambulance and emergency room bills.  You may still have a deductible or co-pay.

However, many insurance companies now have a provision in the health insurance policy stating that they do not pay for injuries resulting from auto and truck accidents caused by another.

Where can you get the care that you need to treat your neck and back injuries from the car accident?

 

I personally believe that hands on exercise and therapy are the best ways to treat any soft tissue injury to your back or neck such as whiplash or back strains.

 

This type of treatment can be by chiropractors, physical therapists and medical massage therapists. Most of these health care providers will agree to directly bill the insurance company for the person who caused the accident.  Most will also accept a letter of protection and lien by a personal injury attorney.

 

 

You need to be very careful about who you chose to treat your injuries. 

 

Chiropractors, physical therapists and medical massage therapists have good and bad reputations among the insurance company for the person who caused the collision.  Chiropractors must follow the Croft Guidelines which limit the duration of treatment and number of total treatments.  If they fail to do so, your claim could be severely jeopardized.  Physical therapists and medical massage therapists need to be working with a doctor of some type to justify their bills to the insurance company.

Personal injury attorney Mark Caruso can help you select a credible chiropractor, physical therapist and medical massage therapist.

 

 Because Caruso Law Offices only handles personal injury and wrongful death cases we know the reputations of local doctors and health care providers. 

 

We listen to our clients, but we also listen to the comments of the insurance adjusters we fight daily. We know which health care providers to avoid, and we know which have the best reputations. 

 

Getting the health care provider paid

 

Once you make your selection on which health provider you want to treat your injuries, we can offer the medical doctor, chiropractor, physical therapist or medical massage therapist a letter or protection or medical lien on your claim.  That means the health care provider knows that we will submit their bills and records for payment from the insurance company for the person who caused the accident.  It also means that they know that they will get paid at the end of your case. 

 

Caruso Law Offices has worked with several hundred of New Mexico's health care providers over the past 27 years that Mark Caruso has had his personal injury and wrongful death law firm in Albuquerque.  We have an excellent reputation among health care providers because we get them paid from the insurance company for the person who caused the accident or collision. We can help you with your referral and letter of protection. 

 

Call personal injury attorney Mark Caruso at 505-883-5000 to get more information about how to treat your neck pain and back pain and other spinal injuries after your New Mexico car or truck accident.  You can also visit our website at www.carusolaw.com  Please read our client testimonials and reviews.

 

We have received the 2013 Client Distinction Award from Martindale Hubbell and are rated a 9.6/10.0 by AVVO lawyer ratings.  We also have an A+ rating from the Better Business Bureau.

 

Mark Caruso will give you a FREE consultation at one of our Albuquerque offices--Northeast Heights or Westside--or at your home, work or other location during the day or in the evenings or weekends.  We handle cases statewide throughout New Mexico and in the pueblos and reservations throughout our state. 

 

Mark Caruso will also explain our 29% discounted attorney fee for all personal injury and wrongful death claims resulting from auto, car, truck, motorcycle, bus, bicycle or pedestrian accidents and collisions. Why would you ever want to pay the higher 33 1/3% attorney fee that most personal injury and wrongful death attorneys charge.

 

Call us today at (505) 883-5000  

 

 

 

Attorney Fees for Albuquerque Car Accident

Don't Pay the Higher 33 1/3% Contingency Attorney Fee in your Albuquerque Car Accident, Truck Accident or Motorcycle Accident

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

You have probably seen all the personal injury attorneys advertising on television, billboards and the sides of buses offering to represent you in your Albuquerque  personal injury or  wrongful death claim on a percentage fee basis.  This is called a contingency fee.

A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct for Attorneys set the ethical rules for  New Mexico attorneys to follow when charging personal injury clients a contingency fee for their  car accident,  truck accident  or  motorcycle accident. The Rules require the contingent fee to be reasonable and that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all personal injury or wrongful death cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the personal injury attorney before the lawsuit is filed. Most of the initial proof of liability against the at fault driver and gathering of medical records and bills for treatment of personal injuries are done by a paralegal or legal assistant supervised by the attorney.

The personal injury attorney becomes much more involved in the preparation of the settlement demand to the insurance company adjuster,  the negotiation of settlement and the conclusion of the claim with the client.

It's only if the insurance adjuster won't settle with the attorney and client that a lawsuit may be required.  The majority of our cases at Caruso Law Offices do in fact settle without a lawsuit.    If a lawsuit is filed because the case could not be settled, then the attorney has much more involvement and expenses in the claim.

Beginning in 2009  Mark Caruso  and  Caruso Law Offices  pioneered a new approach to contingent  attorneys fees in Albuquerque, NM. 

Caruso began discounting the attorney fee to 29% contingency fee in cases that settled before the filing of a lawsuit. Caruso believed that to be in compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet filed, that a discounted fee was warranted.

We currently discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into our  client's pocket in every case that we settle before a lawsuit! We also believe  it also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. 

Caruso Law Offices  receives most of its personal injury client referrals from word of mouth, and little advertising is really needed. Today, most of our clients with  car accident claims,  truck accident claims  and  motorcycle claims  are by word of mouth and referrals.

Lawyers insisting on the 33 1/3% fee try to argue that a discounted 29% fee means a lesser qualified attorney or law firm.   Not so with Caruso Law Offices!

Mark Caruso, the senior attorney at Caruso Law Offices, has 31 years experience and is a former insurance company attorney who now helps injured victims.   He is also licensed in both New Mexico and California, and he is a member of the New Mexico Trial Lawyers Association, the American Association of Justice and the prestigious Million Dollar Advocates Forum.  Caruso has been awarded Martindale-Hubbell's Client Distinction Award, AVVO Lawyer Ratings Superb 9.6/10.0 rating and Better Business Bureau's A+ rating.

Because Caruso Law Offices does not do television, radio, billboard or bus advertising, its law firm advertising overhead is much lower.  It doen't need to justify the higher 33 1/3% fee to pay for this expensive advertising. More importantly, the discounted fee of 29% helps who it supposed to help--clients of Caruso Law Offices.  It puts more money in the client's pocket, and less money in the attorney's pocket.

Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

Caruso Law Offices isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $8,000 a month, and some attorney television budgets are $20,000 monthly.  This attorney advertising does not mean that the particular attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

Mark Caruso would like to personally meet with you to confidentially discuss your car accident, truck accident or motorcycle accident. The consultation will be FREE and without any obligation whatsoever. We will discuss the facts of the accident, medical care you have received and future medical care that you may require.  We will discuss what to expect from the claims process and the "personality" of the automobile insurance company your claim is against.  We promise to answer all of your questions and give you honest and truthful answers.

 You can call Mark Caruso at 505-883-5000 or toll free at 800-657-9292.  We have two locations in Albuquerque-our Northeast Heights office and our  Westside office. Mark Caruso can also meet you at your home, work or hospital and on weekends and after hours.

We represent personal injury clients with vehicular accidents throughout the state of New Mexico and in the pueblos and reservations of our state.

You can also visit our web site at   www.carusolaw.com  or contact Mark Caruso at mark@carusolaw.com   We look forward to hearing from you.

Repair of Car After Albuquerque Car Accident

I Need My Car Repaired After an Albuquerque Car Accident!

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

You have been in a  car accident,  truck accident  or  motorcycle accident  in Albuquerque, and it wasn't your fault. How are you going to get your car damages repaired?

New Mexico law gives you rights against the person at fault and their insurance company.

But delays in the claims process may mean that you are driving around with a damaged car for weeks after the wreck.  What can be done to speed up this process so you can get your vehicle fixed.

Because  Caruso Law Offices  only handles  personal injury  and  wrongful death  cases, we run into this problem almost every day.  Here is my advice as a  personal injury  and  wrongful death  attorney with 31 years experience. I would be happy to give you more advice during a  free consultation.  Just call me at 505-883-5000 or email me at mark@carusolaw.com






 First, you need to understand that most of the time the officer will not give you the name of the insurance company and policy number for the at fault driver at the scene of the collision. The officer will give you a police report number and tell you that the report will be available in 7 to 10 days.  This creates the first problem of delay.

 

 

Without knowing the name of the insurance company or policy number you don't know who to contact.

If you have collision/comprehensive on your vehicle with your own insurance company, you should immediately begin the vehicle damage  claim  by reporting the accident to your own insurance company.  The phone number to the claims office and your policy number should be on your proof of insurance card you carry in your car.

Let your insurance company know that you want them to begin the property repair process.  Let them know that you do not want to wait for the at fault person's insurance. Do not let your insurance company intimidate you into waiting to deal with the at fault person's insurance.

For instance you might be told that you will need to pay a deductible if you go thru your insurance company but no deductible if you go thru the at fault person's insurance.  This is true.  But as we explain below, the timing should work out that you don't need to pay the deductible.  And even if you do pay it, you will get it back almost immediately after the at fault person's insurance gets copies of the repair bills.

You might also be told that your rates will go up.  This is a lie. New Mexico law prohibits your own insurance company from raising rates or, cancelling you  so long as the accident report states that the accident was not your fault.

 The "property damage adjuster" will take a short statement of what happened in the accident and instruct you on how to proceed on getting estimates.

Some insurance companies require you to get 2 or 3 estimates, while others will want you to make an appointment with them to physically inspect your vehicle.  Regardless of the amounts of the estimates, your insurance company will be required to pay for all the repairs to your vehicle less the deductible.

Now here is where it gets interesting.  While you are getting your vehicle repaired, probably 7 to 10 days has passed and the accident report is now available.  You need to get a copy of the accident report.

The accident report will state the name and contact information of the driver and owner of the at fault vehicle and the name and policy number for the at fault driver's insurance.  You need to immediately telephone the insurance company.  They will take your statement and ask you to fax them a copy of the accident report.  Bec extremely careful what you say to the adjuster because it can be used against you later.

You need to let the property damage adjuster for this insurance company know that your vehicle is currently being repaired, where it is being repaired and the amount of the anticipated repairs.  You will need to also fax this adjuster a copy of your estimates or appraisals you received from your own insurance company.

In most instances the at fault driver's insurance company will directly pay the auto body shop the full cost of all repairs, and you will have no deductible. 

You were able to get the process started using your own insurance company, and finished the repair to your vehicle using the at fault driver's insurance.

Unfortunately, if you don't have collision/comprehensive insurance you will need to wait until you get the accident report before you have any idea who to contact about the repairs to your vehicle.

If you need any assistance on your property damage claim or personal injuries resulting from the collision, please contact  Caruso Law Offices  at (505) 883-5000. We only handle personal injury and wrongful death claims.  That's all we do.  This lets us focus our entire law firm on just one type of law--Personal Injury and Wrongful Death.

Attorney  Mark Caruso  is a former insurance company attorney who now represents individuals who have been injured  car accidents,  truck accidents,  motorcycle accidents,  bicycle accidents, bus accidents or as pedestrians.

Mark Caruso has been an attorney for 31 years.  We have  2 offices in Albuquerque to serve you...Northeast Heights (Montgomery and Carlisle) and Westside (Coors and I-40). We also represent clients statewide and in the pueblos and reservations of our state. 

Call us at (505) 883-5000 for a  free consultation  with Mark Caruso or another attorney at our  personal injury  and  wrongful death law firm.  The consultation is confidential and without obligation.  We can meet with you at either office or at your home, work or hospital.  We can also meet you after hours and on Saturdays.

We look forward to hearing from you.

 mark@carusolaw.com