Albuquerque Accident Attorney: 5 Steps You Should Take After a New Mexico Accident

Albuquerque Accident Attorney: 5 Steps You Should Take After a New Mexico Accident

Duty of APD Officer to Report His/Her Auto Accident

Rules for Reporting of Auto and Truck Accidents and Collisions by APD Officers in Albuquerque, NM

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

Here is the link to get the APD protocols for APD officers reporting of every vehicular accident. If you are involved in an accident with an APD officer, you should verify that all of these protocols were followed.

Link to APD Protocol For Reporting Accidents

Remember that you must give written Tort Claims Act Notice in compliance with New Mexico Statutes to preserve any claim of property damage, personal injuries and other damages.  Failure to fully and completely comply with the Tort Claims Act will void your claim, and you will receive nothing


If you need assistance on your auto accident claim against an APD for negligent operation of their vehicle,  please contact Mark Caruso with Caruso Law Offices at (505) 883-5000.   We will make sure that the Tort Claims Act is fully complied with and that you are fully compensated for your damages and injuries.

Mark Caruso is a former insurance company attorney who now helps victims get compensated for their damages and injuries from the same insurance companies.  Mark Caruso has practiced law for 31 years.  Caruso Law Offices limits its practice exclusively to personal injury and wrongful death claims.  For a free consultation with Mark Caruso, please call Caruso Law Offices at (505) 883-5000 or visit our website at www.carusolaw.com

Albuquerque Police Reports Help Determine Who Caused Accident

Accident and Collision Reports by Albuquerque Police Department and Bernalillo Sheriff Department for Auto, Truck, Motorcycle, Bicycle and Pedestrian Injuries

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

The police report, accident report or crash collision report prepared by the Albuquerque Police Department (APD) or Bernalillo County Sheriff Department (BCSO) is the best way to determine who was at fault for your  car accident,  truck accident or  motorcycle accident.

If you have been in an accident in the Albuquerque area, then most likely an APD officer or Sheriff deputy showed up at the scene to investigate the accident and prepare the accident report.

At the scene the officer talked with the drivers of the vehicles and any witnesses who presented themselves to him/her with information about the collision.

 The officer most likely took handwritten notes of the individuals which will be typed on to a computer form. The officer will also assess the amount of damage and location of the damage to the vehicles and other property that might have been involved.  The officer will also look for other physical evidence such as skid marks, broken glass.  Most importantly the officer will assess the actual location of the accident taking into consideration the number of lanes, traffic control devices like stop signs and traffic signals and the amount of traffic. The officer will also note any complaints of personal injuries from the collision.

Based on his/her own training and the laws of the state of New Mexico, the officer will determine which driver was at fault.  In some instances the officer will cite one of the drivers.

Normally the officer will not give each driver any information on the other driver.  Instead, the officer will give you his/her business card with the accident report record locator number written on the card.  The officer will tell you that the accident report will be available in 7 to 10 days.

The APD officer or Sheriff deputy will then enter all the information from the handwritten notes on to a computerized form approved by the State of New Mexico.  The report includes all of the information discussed above, but the report has a separate section called "Contributing Factors".  It is this section that is the most important section of the report, because it determines who is at fault for the collision.

Let me explain to you how to read this section.

Each "Contributing Factors" section on the accident report identifies a specific vehicle such as vehicle 1, vehicle 2, vehicle 3, etc. You will need to look at the first few pages of the accident report to determine which driver and vehicle you are to determine which section of the "Contributing Factors" applies to you.  So, if you are vehicle/driver one on the page 1 of the report, then your "Contributing Factors" are only those listed for vehicle on on about page 3 of the report.

A perfect notation in the section would be something like "No Contributing Factor" or "None" meaning that you did absolutely nothing to cause the collision.  Other notations like "Speeding Too Fast for Conditions" or "Failing to Yield" or "Disregarding Traffic Controls" mean that you caused the collision.

In my experience as a personal injury attorney I believe that the "Contributing Factor" section of the accident report is the primary factor that insurance companies and attorneys use to determine who is at fault.

 It is very difficult to get an insurance company to reject the findings of the officer unless the officer clearly made a mistake and reversed the parties. (This does happen!)

The officer is the best person to make a decision on who is at fault for the vehicular collision.  He is at the scene minutes after the collision. The officer can judge the character of the drivers and witnesses to help determine who he/she believes is telling the truth.  The officer sees the physical evidence and the location first hand.

If you review the accident report prepared by the officer and find errors, you can file a supplemental report to be attached to the accident report. You can do so by taking the original report with you to the local APD or BCSO office and requesting a supplemental sheet.  You can handwrite your version of the collision together with the accident report number appearing on the original accident report and submit it to staff at the office.

Witnesses who are not listed on the accident report are not very credible.  The exception is the witness who may be noted on the 911 transcript. It is important to get a copy of the transcript from the APD or BCSO if the fault of one of the parties is important.

Often times the transcript will indicate that a particular witness used his/her cell phone to report an accident that they actually witnessed.  However, because of time constraints they did not stop to talk with the individuals involved or wait for the investigating officer.


If you have questions concerning your vehicle accident please contact Caruso Law Offices at 505-883-5000 for a free consultation.  Also, visit our web site at  www.carusolaw.com   We only handle  personal injury  and  wrongful death  cases as a result of a car, truck, motorcycle, bus, bicycle or pedestrian accidents.

Albuquerque Police Chase and Pursuit Accident Attorney

Police Pursuit and Chase

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

Albuquerque Police Pursuit and Auto Accident Attorneys Serving Albuquerque and New Mexico Statewide

Have you been injured in a car, truck, motorcycle, bicycle or pedestrian accident or collision caused as a result of a police chase.  You may be entitled to compensation from the at fault driver and even the police department involved in the chase.

 

Albuquerque Police Chase Attorneys
 

Unfortunately, it is not uncommon for bystanders and innocent motorists to suffer personal injuries nd sometimes wrongful death, during police pursuits. According to data from the FBI, there are 300 deaths each year as a result of police chases. Innocent bystanders and motorists are the victims in 40% of these chases.
 

At Caruso Law Offices our auto accident attorneys understand the devastating effect an accident can have on  victims and their family. We support law enforcement  and all of those protecting our citizens. But we will fight to protect our clients if the law enforcement officer was negligent in the operation of his/her vehicle.
 

Unfortunately, there are instances when chases are unnecessary or when they are not performed in accordance with written police procedures. In these cases, only a lawyer who is experienced in bringing a claims on behalf of victims of a negligent police officers can successfully pursue a claim on behalf of an injured  victim.



 In these instances, Caruso Law Offices  with our proven track record of representing injured pedestrians and motorists in Albuquerque and other counties throughout  New Mexico can help you fight for compensation for medical expenses and other losses related to the accident. Call us at (505) 883-5000 if you have any questions.  We offer a free consultation with an attorney to confidentially discuss your claim.
 

Negligent Pursuit and Police Chases

Over the years Caruso Law Offices has  represented many families who have been affected by negligent police officers. Written policies provided to every officer set out specific procedures regarding safe pursuit. Often, either acting alone or as a result of a department's approach to chases, individual officers will disregard these procedures.
 

 

The officers then continue the chase well beyond the point when it is clear that the danger to the public outweighs the need to catch the suspect.

 

Often, the police can obtain a license tag number and use other investigative techniques to determine the identity of the driver without putting the public in danger. Avoiding pursuit at high speeds helps to avoid endangering innocent third parties.
 

If you received  personal injuries  or a family member suffered a  wrongful death  as a result of  a police chase or pursuit or any  vehicular accident  caused by a police officer, contact  Caruso Law Offices  today at (505) 883-5000.  Because of New Mexico's strict Tort Claims Act you are required to give written notice to the government  entity and file a lawsuit by specific deadlines.  Failure to do so will void your entire claim.  That's why it is so important to call us today.
 

 A lawyer with our office can help you hold the negligent or reckless police officer accountable for your injuries and accountable for his or her decisions and actions whether it be in Albuquerque, Bernalillo County or throughout New Mexico.  Our attorneys have recovered millions of dollars in settlements and awards on behalf of our injury victims. We can help you, too.
 

Taking on law enforcement officers who refuse to follow procedure and injure or kill someone is something that many lawyers refuse to do.  At  Caruso Law Offices  we believe that no one - law enforcement officers included - are above the law.  Good officers agree with us. Negligent ones who injure or kill innocent victims in police pursuits must be held accountable.
 

Call us today for a free consultation with an attorney at (505) 883-5000 or email us at mark@carusolaw.com   Also, please visit our web site at www.carusolaw.com    We offer statewide representation, and can meet with you at our office, your home or other location that is convenient for you.   

Albuquerque Car Accident Attorney, Rear End Accidents

Highest cause of auto, truck and motorcycle accidents and collisions in Albuquerque is from rear end collisions.

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

Rear End Collision, Mark Caruso--Albuquerque Auto Accident Attorney

Rear End Collision in Albuquerque Auto Accident

Rear-end  car accidents,  truck accidents  and  motorcycle accidents  in Albuquerque are a common occurrence, as they are throughout New Mexico.  Congested roads, older roads not build for high traffic volume, and the presence of red light cameras or other traffic control devices have all increased your risk of being involved in a rear-end collision.  Caruso Law Offices handle rear end accidents every day, because personal injury claims is all we do.  Call us at (505)883-5000 or e-mail us at mark@carusolaw.com or visit our web site at www.carusolaw.com

The Albuquerque Personal Injury Attorneys at the Caruso Law Offices are dedicated to helping accident victims recover losses through personal injury  and  wrongful death  litigation. Rear-end collisions are often described as whiplash claims. The fact of the matter is that they can lead to very serious, debilitating injuries.

With many types of accidents and collisions, a driver has some warning, and may even be able to take evasive action to avoid some of a collision's blunt force. With a rear-end collision, a vehicle's occupants typically have no such warning.

 

Caruso Law Offices has probably seen every type of possible rear end accident in the 31 years that we have been handling car accident claims. 

Common causes of rear-end crashes in New Mexico include:

• Tailgating
• Panick stopping
• Sudden stop by the first car
• Rapid acceleration by the second car
• Red-light cameras or other intersection technologies
• Congested streets
• Cell phone use
• Inattention

In many cases, the risk of serious or fatal injury is compounded by the size of the vehicles. Being struck from behind by a larger vehicle can be devastating, and may even force you into the vehicle in front of you. Conversely, hitting the rear of a larger vehicle, particularly a large truck, can result in an underride accident, in which your car is forced beneath the leading vehicle.

The rear driver is typically cited in such accidents.

 

A 2011 investigation by local Police Department found tailgating was the leading cause of injury crashes in the city - sending more people to the hospital than drunk driving or speeding.

In some cases, a defective vehicle claim may arise from a rear-end collision. Perhaps the brakes were defective.  In other cases, large commercial trucks without mandatory override guards or other protective equipment can result in a higher chance of serious or fatal injury.

Neck, Back and Whiplash Injuries From Rear End Collision in Albuquerque

Whiplash  is not a medical term. And unfortunately, it has become synonymous with injury lawsuits. Whiplash  is used to describe "Cervical Acceleration-Deceleration" injuries, which is the rapid movement of the neck.

It is very important to understand that the neck is a very delicate structure of tendon and bone. Neck, back, or shoulder injury as a result of a rear-end collision may include headaches, pain in the arms and legs and numbness. A  whiplash  injury may be the result of the stretching of the spine's anterior longitudinal ligament, which stretches or tears as the head snaps forward and then back.

We can refer you to local health care providers to treat your neck and back injuries. 

 

Most of these doctors will wait until you settle your case before any money is due them.  We work with orthopedic doctors, neurologists, chiropractors, dentists, internists, physical therapists, medical massage therapists, radiologists and other health care providers. 

You need to be evaluated if you are having any discomfort whatsoever.  We can arrange for a consultation with a doctor  if you have no health insurance or prefer not to pay a deductible or co-pay with your current health insurance.

Rear-end collisions can cause very serious neck and back injuries, which should not be dismissed and should not be taken lightly.

Victims should understand the long-term implications of such injuries. You should take injuries into consideration when determining whether to pursue a  personal injury  claim against an at-fault driver.

Remember that we offer a  29% discounted attorney fee.  Call personal injury and wrongful death attorney Mark Caruso today at (505)883-5000, e-mail us at mark@carusolaw.com or visit our web site at  www.carusolaw.com  to schedule a free confidential appointment with one of our attorneys. 

If your family is dealing with a New Mexico  car accident,  truck accident or motorcycle accident contact the Albuquerque personal injury and wrongful death attorney Mark Caruso at Caruso Law Offices today for a free and confidential consultation to discuss your rights. Ask about our discounted contingency fee.

Albuqueque Injury Lawyer - 505-883-5000 -- Free Consultation

Statewide Representation

Albuquerque Personal Injury Attorney Mark Caruso in the News

Are Texas Judgments Bigger?

Albuquerque Accident Attorney

By David Roybal
For the Journal
Was it by happenstance or design that Texas was the setting for the first jury trial against the makers of painkiller Vioxx, a trial that ended earlier this month with a $253 million judgment against pharmaceutical giant Merck?
We're told the award likely will be reduced, but even then it would stand at tens of millions of dollars should the case survive on appeal.
It raises a second question: Might the huge award affect an entirely different set of drug liability cases nearing trial or under settlement negotiation in New Mexico and elsewhere?
The Vioxx award was to the widow of a 59-year-old Angleton man who had taken Vioxx for eight months and died after a heart attack.
For a while now, Texas has been among states widely considered to be generous toward plaintiffs in civil suits.
"Bunk!" replied researcher Stephen Daniels while working for the American Bar Foundation. Daniels' work was reported on by the magazine Texas Lawyer.
"Everything is thought to be bigger in Texas," the magazine reported, and people across the country have come to relate Texas with "mega verdicts." The article acknowledged that jurors in some counties, like Jefferson and Matagorda, have been quite generous. But mostly Texas jurors have been stingy, it asserted.
Daniels concluded that "swashbuckling" lawyers and others had convinced Texas lawmakers that jurors there are out of control.
Maybe so. Still, big product liability cases have a way of showing up early in Texas courts. In 2003, A Brownsville jury awarded an $18 million judgment after finding that the Ford F-150 Super Cab had a defective roof structure. A Laredo jury in 2004 awarded $9.4 million after saying Sears, Roebuck & Co. was guilty of malice in a tire service case. Earlier this year, a Zavala County jury found the 2000 Ford Explorer to be defective and awarded $31 million.
Mississippi jurors have a similar reputation for generosity.
Substantial jury awards can spur companies to settle other related suits without trial, whereas lawsuits that are rejected outright or lead to only small jury awards tend to get remaining plaintiffs to think twice about the rigors of court.
Diet drugs Fen-Phen and Redux were much in the news only a few years ago after a study by the Mayo Clinic linked the drugs to potentially fatal heart-valve damage. The drugs were recalled and thousands of lawsuits were filed across the country.
In 1998, one of the first cases went to trial in Texas, where a jury awarded the plaintiff $23.4 million.
Mississippi got another one of the early cases. That one ended in 1999 with $150 million awarded to five women.
Seeing substantial judgments going against it early, the drug manufacturer now known as Wyeth Pharmaceuticals offered $3.75 billion to settle a nationwide class action lawsuit. Many took the offer; many did not and continued pressing for their day in court.
New Mexico was to be another early battleground against the diet drug maker. But settlements and a 2003 defeat in a Santa Fe district court sent high-profile publicity elsewhere.
Lawyer Mark Caruso was among those representing Albuquerque resident Josie Garcia in that case. "We confused the jury because we sued for every cause of action under the sun," said Caruso, who remains one of the busiest New Mexico lawyers in the diet drug cases. "All we have to do under New Mexico law is compare the risks of the drug to the benefit of the drug."
Garcia is appealing her case and is among plaintiffs nationwide involved in an ongoing settlement negotiation.
Caruso since has had two diet drug cases settled in Rio Arriba County for amounts that remain sealed. The cases were settled after having already gone to trial. Caruso has three multi-plaintiff lawsuits scheduled in Santa Fe during coming months, the first to begin in November. He has two more in Tierra Amarilla and one in Grants.
Vioxx cases will keep New Mexico lawyers busy, too. Caruso said he has 15 Vioxx cases that he considers to be strong from among about 250 inquiries received by his office since concerns about the drug first became known.
"It's good to see a big win come off the block," he said of the Texas case. But he said he's not aware of any grand design by lawyers to try to use Texas for boosting chances of other cases involving Vioxx.
"The first big breast implant case in the country was based in Texas. The first Vioxx case was in Texas. ... But I think in Texas, it just depends which county you file in."
Will the Texas Vioxx award affect how lawyers approach unrelated diet drug cases?
No, says Doug Petkus, a Wyeth Pharmaceuticals spokesman. "We want to resolve cases but we will try cases when we think it's appropriate," he said.
Caruso said he had urged clients even before the Vioxx judgment not to move toward settlements hastily.

David Roybal is a longtime journalist who now owns a public relations business. His column appears Sundays in the Journal Santa Fe and Journal North and Tuesdays in the Albuquerque Journal.