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.