Driver Distractions in New Mexico Car Accidents

Did a driver distraction cause your car, truck, motorcycle, bicycle or pedestrian accident or collision? Why are driver distractions so dangerous to Albuquerque, New Mexico drivers?

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

When a driver is involved in an accident, one of the first questions raised often investigates the true cause of the accident. If driver distraction played a key role in the accident, it is very important for an injury victim to investigate the incident and determine which type of driver distraction caused the auto accident.

Being involved in a car crash is never an ideal situation that a person would like to be in. Unfortunately, many people will be involved in at least one motor vehicle collision over their entire lifetime. If you were injured in a crash, it is very important for you to evaluate the situation and determine what may have caused this serious collision. Whether the accident was a side-impact crash (T-Bone collision), a head-on accident, or a rear-end collision, determining whether a distracted driver was the cause of the accident can be the source to financial recovery.

What is driver distraction and why is this action considered to be so dangerous? All throughout the country, distracted driving causes many auto accidents and claims many lives each year. In fact, according to statistics provided by the U.S. Department of Transportation, over 3,000 people were fatally injured in accidents caused by distracted driving. There are three different categories that each individual type of distraction falls under, including manual, visual and cognitive distractions. These categories are not mutually exclusive in the sense that some interferences with driving may fall under one, two or all three categories. The three categories are defined as follows:

Manual Distractions: These involve taking your hands off of the wheel. A person can engage in a multitude of actions that can constitute manual distractions, including texting, eating, grooming, changing the radio station, smoking, using a navigation system, and more. Even taking the hands off of the wheel for a split second can have catastrophic consequences should the vehicle travel over a speed bump, pothole, or another type of road block. When a person takes his or her hands off of the wheel, the driver, passengers, and others on the road are immediately at risk to be involved in an accident. If a driver is unable to maintain control of his or her vehicle due to having one or no hands on the wheel, an accident may be inevitable.

Visual Distractions: These disruptions in driving can be extremely dangerous because they involve taking your eyes off of the wheel. Whether you are reading a text message or looking in a mirror, this action is very dangerous. The U.S. DOT estimates that taking the eyes off of the wheel for 4.6 seconds at 55 mph is the equivalent of driving an entire football field with a blindfold on. Other forms of visual distraction can include watching a video, looking at passengers, or even looking at a nearby traffic collision while continuing motion.

Cognitive Distractions: This is one that involves taking your mind away from what you are currently doing. When a driver falls asleep at the wheel, day dreams, or even drives while intoxicated, he or she is engaging in a cognitive distraction. Texting or talking on the phone can constitute a cognitive disturbance during driving because a person must devote attention to the message being sent.
The U.S. DOT predicts that a person is 23 times more likely to be involved in a collision if they are driving while texting. Although 35 states have prohibited the use of text messaging while driving, many people are still doing so and causing serious collisions as a result. Because texting and driving is considered to be a manual, visual and cognitive distraction, it is one of the most dangerous and lethal types of driving impairments in the country.

If you or someone you love has been involved in any type of accident, it is very important to talk to an attorney to determine if some form of driver distraction has led to the accident. The government works hard on promoting safe driving techniques, and has even declared April as National Distracted Driving Awareness Month.

While many accidents are unavoidable, those that are caused due to driver distractions can be avoided by following the rules of the road and refraining from engaging in any type of visual, manual or cognitive distraction. For more information about auto accidents, distracted driving, and filing a claim for an accident you have been involved in, contact Caruso Law Offices at 505-883-5000

Albuquerque, New Mexico personal injury attorney Mark Caruso is a former insurance company attorney who now represents the victims in car accidents against insurance companies.  With 31 years of experience and the commitment to help you get the most money possible, you will recover every penny that the law says that you deserve.  Ask about our 29% discounted contingency fee for cases that settle without a lawsuit.

5 Steps You Should Take After a New Mexico Accident

With or without an attorney, here are Five Very Important Steps you should take immediately after a  car accident,  truck accident,  motorcycle accident  or any accident causing  personal injury or wrongful death.

 

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

 

 Step One: Don’t Discuss The Incident With the Other Party or Their Insurance Representative or Claims Adjuster

The other party, or their representative (usually an insurance company adjuster or investigator) may try to get to you to answer questions soon after the incident – oftentimes within hours. Statements that you make at the time of the accident or following the accident could be used against you as the case unfolds.

Do not talk to the other party or their representative with your attorney present!

Step Two: Get Immediate Medical Attention, Don't Wait

 If you’ve been injured, or there is a possibility that you’ve been injured, get to a doctor, emergency room or an urgent care facility immediately. Be sure that the doctor  documents your symptoms and injuries and the fact that you’ve just been involved in a vehicular accident.

Step Three: Write Things Down....Document Everything That Happens
 

It’s natural for our memories to fade with the passage of time. We’re all human. Make written notes so that you can refresh your memory about the incident. In some counties in New Mexico,  cases don’t get to court for years.   Lawyers working for insurance companies will do their best to paint you as a liar or exaggerator if you don’t have a great recollection of the incident. There is nothing wrong with keeping a diary.

Step Four: Save The Evidence
 

You want to be sure, to the extent possible, that evidence is preserved. Keep broken eyeglasses, casts from broken bones, business cards from witnesses, medical release forms from hospitals.  Keep it all.  Evidence is essential in proving your case later on! Do not lose, alter or destroy evidence!

Vehicle Accident: Repair work should not be started until detailed pictures have been taken of your vehicle (car, truck, bicycle, motorcycle, etc.)

Dangerous or Defective Product: Save the product and its parts (for example, if a bottle breaks, save the broken pieces!). Keep the box in which it came. Save the receipt!
 

Dog Bite or Animal Attack: Save the torn clothing and any other evidence of the attack. Don’t wash the clothes you were wearing.

Slip and Fall / Trip and Fall: Keep the shoes you were wearing, do not throw them out and do not keep wearing them. You will want to keep them in the condition that they were in at the time of your fall. In other words: Don’t wear, repair or throw them out until your case is settled!
 

Step Five: Take Pictures of Your Injuries
 

Take pictures of all parts of your anatomy that show signs of injury before the healing process begins. Abrasions and glass cuts must be photographed.   Date the pictures accordingly (be sure that your digital camera has the right date!). Then take daily pictures of your injuries.
 

If you have scarring, be sure to get pictures. If you’re going to have the scars surgically removed or reduced, be sure to take before and after pictures. In some situations, your lawyer may hire a professional medical photographer to take these pictures.

Caruso Law Offices, Personal Injury Attorneys

Caruso Law Offices  represent people who have received  personal injuries  or have a loved one who has suffered a  wrongful death  due to the carelessness of others. It's my job to take the pressure off of you so that you are free to heal. Feel free to call me at 505-883-5000 for a free consultation or visit our web site at www.carusolaw.com or contact me directly at mark@carusolaw.com

My name is Mark Caruso, and I am the senior attorney at Caruso Law Offices.  Thank you for visiting my blog.  I hope you found it informative. I would like to tell you a little about my firm and my law practice.

I have practiced law for 31 years and am licensed in New Mexico and California.  As a former insurance company attorney I know how insurance companies decide to settle cases.  I used to work for the insurance companies, but now I work for the victims of pesonal injury and wrongful death. I know the "ins-and-outs" of the insurance claims business and their secrets and strategies.  I now use what I learned against them to get my clients the most money possible.

Please feel free to call me at (505) 883-5000 so we can personally discuss your accident. I am also happy to give you a FREE consultation at either of my Albuquerque offices--Northeast Heights or Westside.  I can also meet you at your home, work, or at the hospital after hours and on weekends.  We represent clients in Albuquerque and throughout the state of New Mexico including the pueblos and reservations of our state.

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New Mexico Truck Crash, Accident and Collision Attorney

New Mexico Truck Crash Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents, Collisions and Wrecks

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

New Mexico Truck Crash Attorney Mark Caruso has 31 Years of Experience in Truck Crash Cases.

Call 505-883-5000 for a Free Consultation with Attorney Mark Caruso

     Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

     At the Caruso Law Offices in Albuquerque, New Mexico we have successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.
Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help. New Mexico Truck Crash Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

     Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, New Mexico Truck Crash Attorney Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com

Getting Medical Care After Your Albuquerque, New Mexico Car Accident, Crash

Car or Truck Accident in Albuquerque, NM?   Find out how to get your medical care paid directly by at fault driver's insurance.

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

You've been in a wreck. You're injured. You need medical care. The doctor's office says they won't accept your health insurance, and the auto insurance company for the at-fault driver won't pay your medical bills (or maybe they won't even return your calls). What do you do?

Auto liability insurance does not work like health insurance. They are not going to pay your medical bills as you go along. The auto insurance company expects you to go out and get all the medical care you need. Then, when you've completed all of your medical care, they want you to gather your medical bills and ask for reimbursement in one lump sum. That's right. You only get one bite at the apple. It's a one time settlement payment. And you cannot go back later and ask for additional money if your injuries turn out to be worse than you thought.

Getting medical care after a car wreck can be complicated and frustrating. A common mistake is failing to contact an experienced injury lawyers like Caruso Law Offices as soon as possible. That error may result in a "gap" in medical care, which the auto liability insurance company will use to argue that you did not go to the doctor because you were not really injured. The insurance company knows it's not true, but they don't care about that. Their goal is to pay you the least amount of money possible. It is extremely important that you get the medical care you need as quickly as possible after the wreck.

You may have been transported to the hospital by ambulance. Or you may have gone to the Emergency Room on your own. Maybe you haven’t been able to see any health care provider because of your concern about who will pay. You will be billed for the treatment you received--whether you have insurance or not. But what do you do after that? At Caruso Law Offices we can help you get the medical care you need, and we can make the at fault driver’s insurance pay for it. Here are some options that you should consider.

• Health Insurance: If you have health insurance coverage, you should use it. Unfortunately, several of Albuquerque’s HMO plans (Presbyterian, Lovelace and Blue Cross/Blue Shield of NM) are now refusing to pay for medical care following a car wreck. Most plans will still pay for the ambulance and the emergency room, but follow up care is usually restricted. Some health plans just push prescription drugs rather than physical therapy and other treatment. You'll still be responsible for deductibles and co-pays associated with your plan, but it sure beats having to pay the whole amount out of pocket! Remember, all plans require you to reimburse them from any settlement proceeds. However, I can usually negotiate a significant discount when your case is resolved.

•Letters of Protection: You'll need a lawyer for this. A Letter of Protection ("LOP") is an agreement made with the doctor's office by your lawyer and you promising to pay the bill from the settlement proceeds. Doctors are not required to accept LOPs, but many doctors will do so. Meet with me to get my list of most local medical doctors, osteopathic doctors, dentists, psychologists, chiropractors, accupunturists, physical therapists, medical massage therapists, MRI’s and others who accept LOP’s. This means that you won’t pay any money out of your pocket at each visit, and you won’t get any bills until we get a settlement. These doctors agree to wait to get paid from the settlement and don’t charge any interest while waiting to get paid.

Because I have been in business for 30 years (25 years in Albuquerque) I have established great relationships with some of the best doctors in Albuquerque. Some medical doctors in Albuquerque refuse to accept a LOP from any other law firm except our firm and one or two others. I will help you find the best health care provider in the best location for you. I also know which doctors you should avoid because of bad reputations with insurance companies. I can usually get you in to see a doctor the day after I begin working on your claim. There is no reason why you shouldn’t find a health care provider to treat your injuries, and there is no reason why you shouldn’t get the best medical care possible. After all, you did not cause the wreck, and the at-fault driver’s insurance should pay for your medical care. I can get you the medical care you need following your wreck.

•Med Pay: You may have Medical Payments Coverage ("Med Pay") on your own auto insurance policy. This coverage typically provides benefits of $2,000 Med Pay can be assigned to medical providers so the doctor's office can bill your own auto insurance company up to the amount of your coverage limit. You should consult me before using Med Pay because there may be strategic reasons to use the coverage for some bills but not for others. Remember, your Med Pay plan requires you to reimburse your own insurance company from any settlement proceeds. However, I can usually negotiate a significant discount when your case is resolved.

•Medicaid & Other Government Benefits: If you already receive Medicaid, Medicare or other government benefits before your wreck, then you should be able to use that coverage for your injuries. It is also possible you may qualify for government benefits after the wreck. In that case, Medicaid may actually go back and pay all of your medical bills from the date of the wreck. Keep in mind, all government benefits require repayment when you recover money in your case. However, I can usually negotiate a significant discount when your case is resolved.

•Pay As You Go: This is the option of last resort if you don’t have insurance coverage available and you don’t want to issue a LOP.

• • • •

I hope this summary really helps you understand how you can get immediate medical care following your accident. I would love to give you an hour of my time to personally meet with you to discuss your specific car wreck and the medical care we can help you get for your injuries. Please call me at (505) 883-5000 at our Northeast Heights Office or at (505) 369-1361 at our Westside Office for a personal appointment with me, not a paralegal. The consultation with me is free, and you are under no obligation to retain me to be your attorney.

Before I began helping people like you, I represented insurance companies. I know how insurance companies operate. Now I only represent victims of car wrecks. I promise to use my experience as a former insurance company attorney to get you the most money possible. To do so you and I must cross every “t” and dot every “i” in order to anticipate and out-smart the tactics and strategies of the insurance company claims adjuster. Remember, their job is to pay you the least money possible, and they will use these tactics and strategies against you unless we are confront them up front.

When we meet I will explain to you that we are only paid if we recover an injury settlement for you. If we don’t get you any money, then we don’t deserve any fees. We don’t charge any attorney fee to get you the highest settlement for your property damage and rental car/loss of use and depreciation/diminution in value of your vehicle. I will also offer you our reduced attorney fee of 29% if we can settle your case without a lawsuit. That means that you put more money in your pocket, and our firm gets less money. We can do this because we don’t spend thousands of dollars on television, billboards and yellow page advertisements.

Please call me today at (505) 883-5000 at our Northeast Heights Office or at (505) 369-1361 at our Westside Office to immediately meet with me to discuss you car wreck. You’ll get honest answers based on my 30 years doing personal injury claims. You’ll also get a discounted 29% attorney fee. I look forward to our personal and confidential meeting. Please call me today so that you do not have a gap in your medical treatment.

New Mexico Drunk Driving Accidents Get You Punitive Damages!

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 thousands of drunk driving accidents in New Mexico in 2012, according to the New Mexico  Department of Transportation.

At Caruso Law Offices in Albuquerque we have worked with many families whose lives have been forever changed by drunk driving accidents. Our drunk driving accident attorneys meticulously examine all of the facts and circumstances surrounding every accident, including the actions of the responsible driver and factors such as the road conditions and whether the driver was served alcohol when he or she was visibly intoxicated.

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

We use every legal and negotiation skill at our disposal to obtain justice as well as financial compensation after serious drunk driving accidents. Drunk drivers put all of us at risk, including our families and loved ones. DRUNK  DRIVING MUST BE STOPPED!! 

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.

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.

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 resulting from drunk drivers.

Punishing Drunk Drivers in Civil Courts

DUI and DWI accidents that cause serious personal injury or wrongful death will be prosecuted in New Mexico's criminal courts, where drivers face possible fines, driver’s license suspension and jail time.

Drunk drivers must also 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.

The purpose of punitive damages is punishment, to hurt drunk drivers financially to enforce the seriousness of their actions. Punitive damages are available in drunk driving accidents because drunk driving is more than a mistake. It’s close to an intentional act like assault because 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 far 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.

Advocating for Families in the Criminal DUI Case

Drunk driving victims and their families also need advocacy in the criminal proceedings against the drunk driver who caused the accident.  Because of strong support of MADD (Mothers Against Drunk Drivers) we explain the criminal process to our personal injury clients more clearly and plainly. When we represent drunk driving accident victims in civil claims, we also represent their interests in the criminal proceedings. We present the victims’ view of events to the prosecuting attorneys and help prepare victims to testify at trials about the accidents’ effects on their lives and families.

Drunk Driving Victims and Their Families are Entitled to Compensation in Criminal Proceedings

Under New Mexico law, drunk driving victims have the right to seek compensation through the criminal process for any costs associated with the accident that are not covered by insurance. This is called restitution. Through both the civil litigation to recover damages and the criminal process and restitution, we are with 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 31 years legal experience in personal injury. We know how to get compensation for those injured from those responsible for causing the injury.

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   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.