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 Report Shows Albuquerque Drivers Rank Below Average. Car Accidents More Likely in Albuquerque

By Mark Caruso, Albuquerque Personal Injury and Wrongful Death Attorney

Car accidents, truck accidents and motorcycle accidents are more likely to occur in Albuquerque, New Mexico according to a new report from Allstate Insurance which shows Albuquerque drivers rank below average in safe driving.  Albuquerque accident and personal injury attorney Mark Caruso says that Albuquerque drivers are more likely than drivers in most other cities to be involved in an auto accident resulting in personal injuries or wrongful death.

Allstate Insurance Company today released its ninth annual "Allstate America's Best Drivers Report®." The report, based on Allstate claims data, ranks America's 200 largest citiesⁱ in terms of car collision frequency to identify which cities have the safest drivers.

This year's top honor of "America's Safest Driving City" is Fort Collins, Colorado, the third time in report history that this city has held the top spot. Fort Collins has placed in the top ten every year since the report's inception. This year, the results indicate the average driver in Fort Collins will experience an auto collision every 13.9 years, which is 28.2 percent less likely than the national average of 10 years.

"Congratulations to Fort Collins for continuing to demonstrate excellence in safe driving," said Mike Roche, senior vice president of claims, Allstate. "Allstate's Best Drivers Report was created to boost awareness about the importance of being safe and attentive behind the wheel, while providing drivers with tips and resources to improve their driving skills."

According to the most recent report by the National Highway Traffic Safety Administration, car crash fatalities increased by more than 1,700 from 2011 to 2012, the first year-to-year increase in fatalities since 2005. While fatalities have increased over the past year, Allstate research found that 70 percent of vehicles involved in auto claims are considered drivable, which indicates that most claims are the result of low speed (under 35 miles per hour) collisions.

"Allstate has found the most frequent collisions happen during minor fender-benders, but it's important to keep in mind that even lower-speed accidents can have serious outcomes," said Roche.

Big-city vs. Small-city Driving 
Different levels and types of traffic, noise and activity, as well as varying road conditions and rules, can make big city driving different than driving in smaller cities or more suburban areas. Allstate offers the following tips for driving in both settings. In larger cities:

• Allow plenty of time to reach your destination. Stop-and-go traffic, gridlock, traffic signal stops, pedestrian walkways and events that create traffic detours can add time to your travel.

• Know what's happening in the city during the time you're driving. Find out if there are events that may impact traffic, and listen to traffic reports on your car radio. Avoid traffic jams or explore alternative routes, if possible. 

• Stay alert. Be prepared to frequently stop or slow down for pedestrians, emergency vehicles, delivery trucks, parking cars, taxi cabs, and public transportation vehicles such as city buses.

• Get directions to where you're going. Review directions carefully in advance. If you get lost mid-trip, safely pull over and wait until you feel calm enough to get back on the road, using that time to get directions, check traffic or call for help.

In smaller cities and suburban areas:

• Watch the speed limit. Speed limits may be greater than in city traffic, which can lead some drivers to speed up and make roads dangerous.

• Look out for pedestrians, especially children. While there are typically fewer pedestrians or obstacles than in large metropolitan areas, there are also typically fewer crosswalks, so pedestrians may be less aware of traffic rules such as where and when to cross the street.

• Know the rules of the road. Suburban streets typically have fewer streetlights and signs, or greater distance between lights and signs. This means darker conditions when driving at night and less opportunity to be reminded of speed limits and other road rules throughout the day. 

• Keep a safe distance – especially around large vehicles. Large vehicles like semi-trucks are more likely found on suburban roads than in large metro areas. Keep a safe distance between your vehicle and others, and know that truck drivers might have limited visibility. If you attempt to pass a truck, make sure you have plenty of time and space to maneuver safely.

The Report
For the past nine years, Allstate actuaries have conducted an in-depth analysis of company claims data to determine the likelihood drivers in America's 200 largest cities will experience a vehicle collision compared to the national average. Internal property damage reported claims were analyzed over a two-year period (from January 2010 to December 2011) to ensure the findings would not be impacted by external influences such as weather or road construction.

A weighted average of the two-year numbers determined the annual percentages. The report defines an auto crash as any collision resulting in a property damage claim. Allstate's auto policies represent about 10 percent of all U.S. auto policies, making this report a realistic snapshot of what's happening on America's roadways.

For the third time in the report's nine-year history, Fort Collins was revealed as the safest driving city. The top ten cities are:

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions
1.   Fort Collins, Colo.	28.2% less likely	13.9
2.   Boise, Idaho	28.0% less likely	13.9
3.   Sioux Falls, S.D.	21.8% less likely	12.8
4.   Brownsville, Texas	21.1% less likely	12.7
5.   Madison, Wis.	20.3% less likely	12.5
6.   Reno, Nev.	20.2% less likely	12.5
7.   Huntsville, Ala.	20.1% less likely	12.5
8.   Visalia, Calif.	18.5% less likely	12.3
9.   Montgomery, Ala.	16.3% less likely	11.9
10. Eugene, Ore.	16.2% less likely	11.9

Additional "Road" Scholars For the ninth year in a row, motorists in Phoenix topped the list among commuters in American cities with more than one million people. Rankings among these cities:

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions
71.    Phoenix, Ariz.	2.0% more likely	9.8
127.  San Diego, Calif.	14.6% more likely	8.7
141.  San Antonio, Texas	22.4% more likely	8.2
150.  Chicago, Ill.	25.2% more likely	8.0
151.  Houston, Texas	25.6% more likely	8.0
170.  Dallas, Texas	35.6% more likely	7.4
172.  New York, N.Y.	37.8% more likely	7.3
181.  Los Angeles, Calif.	49.3% more likely	6.7
189.  Philadelphia, Pa.	65.9% more likely	6.0

Cities holding the top spot for their respective city size:

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions	Population
64.  Denver & Lakewood, Colo.ii	0.4% less likely	10.0	750,000 – 1 million
20.  Tucson, Ariz.	12.4% less likely	11.4	500,000 – 749,999
11.  Mesa, Ariz.	15.7% less likely	11.9	250,000 – 499,999

To view the complete "Allstate America's Best Drivers Report," or to see previous year's results, log onto www.allstatenewsroom.com.

If you are involved in an auto accident, truck accident or motorcycle accident with another driver, call Albuquerque accident attorney Mark Caruso at 505-883-5000 for a free consultation.  Caruso Law Offices exclusively represents personal injury and wrongful death victims as a result of auto, truck, semi truck, commercial vehicle, tractor trailer, 18 wheeler, motorcycle, bicycle and bus accidents, collisions and wrecks. Mark Caruso is a former insurance company attorney who now represents the victims of car accidents, truck accidents and motorcycle accidents. 

 The Albuquerque personal injury attorneys have offices in Albuquerque's northeast heights and westside.  Consultations with an attorney are free and without obligation.  For further information call 505-883-5000 or visit their web site at www.carusolaw.com Most importantly, see their awards and client testimonials to find out what their clients have to say about their performance and integrity.

Albuquerque, New Mexico, NM, personal injury, injuries, attorney, lawyer, car, truck, motorcycle, semi truck, tractor trailer, commercial vehicle, 18 wheeler, bicycle, accident, wreck, collision, crash, auto accident, truck accident, motorcycle accident, auto accident attorney, truck accident attorney, motorcycle accident attorney, Albuquerque car accident attorney, Albuquerque truck accident attorney, Albuquerque motorcycle accident attorney, New Mexico auto accident attorney, New Mexico truck accident attorney, New Mexico motorcycle accident attorney, Albuquerque car accident lawyer, Albuquerque truck accident lawyer, Albuquerque motorcycle accident lawyer, Albuquerque wrongful death attorney, Albuquerque wrongful death lawyer, New Mexico wrongful death lawyer, New Mexico wrongful death attorney, personal injury attorney, personal injury lawyer, Mark Caruso, Caruso Law Offices 

Albuquerque, NM Wrongful Death Lawyers

WRONGFUL  DEATH  CLAIMS UNDER NEW MEXICO LAW

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

When you lose a loved one due to an accident caused by the careless actions of another, you want and need answers quickly. The New Mexico wrongful death attorneys at Caruso Law Offices can help you find out why the accident happened and help your family gain closure. 

 

The challenge of facing life without your loved one combined with funeral costs, loss of wages and support, and medical bills can be too much to handle alone. While no amount of compensation could ever make up for your loss, it’s our goal to help alleviate some of the financial responsibilities related to your loved one’s death, so that you can grieve with your family.
 

We can help you find out the real reason why your loved one’s death happened, and we can work with you to hold those who caused the death responsible.
 

How a N.M. Wrongful Death Lawyer Can Help

 

A wrongful death claim can help provide your family with the financial support needed to cover expenses associated with your loved one’s death. It may be difficult to receive compensation without an experienced New Mexico wrongful death lawyer who can help prove the party responsible for your loved one’s accident. Investigating the fault of all possible individuals and their various levels of insurance coverage can be complex.
 

Mark Caruso and his staff at Caruso Law Offices have been assisting families like yours in overcoming personal tragedies for more than 31 years. It’s our passion to help take care of your family’s needs during this difficult time.  You’re not alone—call us today at (505) 883-5000 or visit our web site at www.carusolaw.com
 

WHAT IS A WRONGFUL DEATH CLAIM?

 

Wrongful death claims are different than other personal injury cases. If you’re filing a wrongful death claim on behalf of your loved one, you’re not only facing outstanding medical bills and treatment costs; you’re dealing with grief, funeral preparations, and the difficulty of facing life without your family member.
 

In its simplest terms, a wrongful death claim is seeking compensation or money damages from the at fault people and their various insurance companies to pay for the loss of your loved one. Often there are several different layers of insurance that must be looked into before settlement can be made with any one particular insurance company.
 

 Mark Caruso and his staff at Caruso Law Offices will approach the legal process with compassion and understanding to get your family the legal support it needs. For more than 31 years, our legal team has helped the victims of tragedy receive the compensation necessary to rebuild their lives.
 

Who Can File a Claim?

 

Although many family members may be considered beneficiaries—or recipients—of wrongful death damages, only one family representative, who has been appointed by the District Court, can file the claim. We begin our involvement in the claim by talking to all family members who have any interest in becoming the lead person to handle the claim. Once a family decision is made on who this person will be, we file the appropriate court documents in the  court to name this person as  the representative (also known as the Administrator or Executor) of the estate.After the court appointment, we file a wrongful death claim against the at fault person.
 

Some of the family members who have traditionally been appointed by the Court to act on behalf of your loved one include a spouse, a child, an heir or heiress, a chosen beneficiary or a parent.
 

One of your duties as a representative of the estate is to hire a law firm to represent the estate. If you’re unsure if you’re eligible to file for wrongful death damages, a Mark Caruso can answer your questions and explain your family’s options.
 

Types of Damages in NM Wrongful Death Claims

 

In New Mexico, depending on the details surrounding your family member’s death, you may be able to recover damages for:
 

• funeral expenses,
• pain and suffering following the trauma causing the death,
• medical expenses resulting from the trauma leading to death,
• lost wages and future lost wages,
• lost benefits and future lost benefits,
• loss of support,
• loss of inheritance,
• loss of your loved one’s medical bills,
• mental anguish suffered by surviving family members.

•                                                                                                                                                          Mark Caruso and his staff of attorneys, paralegals, legal assistants, investigators and experts will use every resource possible to recover the full amount of compensation you need.

•  

We promise to leave no stone unturned in investigating every asset available to your family.

 

Mark Caruso can meet with you at either of his Albuquerque offices--Northeast Heights or Westside.  Consultations with Mark Caruso are FREE and without obligation.  He can meet you at your home, work, hospital on weekends and after-hours.  We represent wrongful death clients statewide New Mexico and in the Indian Pueblos and Navajo Reservation. Contact us at (505) 883-5000

 

 

New Mexico Wrongful Death Lawyer

New Mexico Wrongful Death Lawyer Mark Caruso Has Proven Results to Get You The Money You Deserve From The Wrongful Death of Your Family Member

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

31 Years Experience in NM Wrongful Death Claims.  Statewide Representation

Call Mark Caruso Today at 505-883-5000 for a Free Consultation

First, let me give you my condolences on the death of your family member.  If the death of your family member was caused by the wrongful act of another person, you may have a wrongful death claim that should be handled by a New Mexico Wrongful Death Lawyer.

A NM wrongful death lawsuit is filed against a person or people who have caused the death of another person. The wrongful death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The New Mexico wrongful death lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. Wrongful death can include the following:

• A fatality resulting from any sort of vehicle collision
• Dying during an operation that was botched or after the wrong diagnosis had been made
• Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
• Being killed through the use of a defective product

Purposes of Wrongful Death Claims, and Why You May Need a New Mexico Wrongful Death Lawyer

New Mexico wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.

1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a New Mexico Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

New Mexico Wrongful Death Lawyer Mark Caruso  has had 30 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a New Mexico wrongful death, then contact the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, our firm will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

Caruso Law Offices provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Please see our website at www.carusolaw.com or contact New Mexico Wrongful Death Lawyer Mark Caruso directly at 505-883-5000.

 

New Mexico Wrongful Death Attorney

Wrongful Death Claims in Albuquerque, New Mexico

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

NM Wrongful Death Attorney Mark Caruso Has 31 Years of Proven Results for Wrongful Death Victims

Do You Need an Albuquerque, New Mexico Wrongful Death Attorney?  

Contact Mark Caruso at 505-883-5000 or visit our web site at www.carusolaw.com.  

Statewide Representation

What is Wrongful Death?

A wrongful death lawsuit is filed by a New Mexico wrongful death attorney against a person or people who have caused the death of another person. The death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. Wrongful death can include the following:

• A fatality resulting from any sort of vehicle collision
• Dying during an operation that was botched or after the wrong diagnosis had been made
• Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
• Being killed through the use of a defective product

Purposes of Wrongful Death Claims

Wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.

1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

Wrongful Death Attorney Mark Caruso with Caruso Law Offices has had 31 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a wrongful death, then contact New Mexico wrongful death attorney Mark Caruso at the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, Mark Caruso will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

New Mexico wrongful death attorney Mark Caruso provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Albuquerque, New Mexico wrongful death attorney Mark Caruso will partner with you to get you the most money possible from the individual or company that caused the death of you loved one.  Call us today at 505-883-5000 for a free consultation with Mark Caruso.  We handle cases statewide and are able to meet with you after hours and weekends.

 

 

Receive Punitive Damages in Albuquerque, New Mexico Drunk Driver Accidents

New Mexico law states that you can get punitive damages when you are involved in an auto accident with a drunk driver which causes you injuries. The punitive damages are to punish the drunk driver for violating New Mexico law. Typically the amount of punitive damages for a drunk driver accident depends on such facts as the blood alcohol content and the number of previous convictions for drunk driving. Typically, the drunk driver's insurance company will refuse to pay punitive damages. However, most will pay extra money to settle the case and keep it from going to trial. If the drunk driver's insurance refuses to pay an extra money, you may have a right to claim punitive damages from your own insurance company. While this may sound strange at first, your own insurance company will pay for claims that are uninsured with the drunk driver's insurance. Payment of uninsured motorist coverage from your own insurance company may depend on the amount of money you are offered from the drunk driver's insurance and the amount of uninsured motorist coverage you have.

As we approach New Year's Eve, please drive safely. Never Drink and Drive no matter how much alcohol you have consumed.

If you have questions about injuries from a drunk driver please call us immediately at 505-883-5000 or 800-657-9292 or e-mail us at mark@carusolaw.com or see our detailed web site at www.carusolaw.com

Thanks for visiting us. Mark Caruso