New Mexico Personal Injury Lawyer Blog

Motorcyclist Killed in Albuquerque Collision

Tue, 08 May 2012 10:56:43 -0700

A motorcyclist was recently killed in a crash with a Cadillac on Central Avenue in Albuquerque. According to police, 31-year-old Erminio Gonzalez reportedly drove his Cadillac onto Central Avenue at Rio Grande Boulevard SW and struck a motorcycle driven by 44-year-old Ronald Queen. Queen was taken to a local hospital in critical condition. He later died as a result of his injuries.

According to accident witnesses, Gonzalez allegedly attempted to run away from the scene of the crash. One witness claimed he physically dragged Gonzalez back to the location of the accident. A spokesperson for the Bernalillo County Sheriff’s Office stated Gonzalez was arrested on charges of failing to render aid and fleeing the scene of an accident that resulted in death. At the time of the accident, Gonzalez was reportedly on both probation and parole related to drug-trafficking charges. He was released from prison about two months before the collision occurred.

Whether riding your motorcycle, in your automobile, or simply walking down the street, an unexpected crash with an inattentive driver can occur at any time. The resulting injuries are frequently disabling. If you were hurt by an inattentive driver, you may be eligible to receive compensation for pain, suffering, lost wages, and a variety of other damages. If you lost a family member in a fatal motorcycle crash, you may also have a New Mexico wrongful death claim against a negligent driver.

Motorcycle accidents in New Mexico are frequently caused by an automobile driver’s inattention or negligence. Unfortunately, the injuries sustained by the victim of a motorcycle accident are often much more severe than if the same accident had involved the driver of a car or truck. Sadly, motorcycle crashes are more likely to result in serious or catastrophic injuries and death.

New Mexico is a comparative fault accident state. This means even where a motorcycle driver is partially responsible for a crash the motorcyclist may be eligible to receive financial compensation for his or her injuries. After any injury accident, it is a good idea to contact an experienced New Mexico motorcycle accident lawyer as soon as you are able.

Wrongful Death Case Filed in Fatal Santa Fe Drunk Driving Accident

Sun, 29 Apr 2012 13:04:27 -0700

A wrongful death lawsuit was recently filed in connection with the December 30, 2011 death of a four-year-old girl in Santa Fe. At the time of the accident, a minivan carrying Yuliana Aremi Reyes Vasquez, her sister, and her mother was struck as it made a left turn from Siringo Road onto St. Francis Drive. The sport utility vehicle that collided with the minivan was driven by 56-year-old Deborah Aaron, a Santa Fe surgeon who was allegedly intoxicated at the time of the accident.

According to Santa Fe police, the girl’s mother, Karla Aremi Vasquez Rivera, was initially unsure whether she had a green light at the time of the crash. Her lawsuit, however, maintains that Vasquez Rivera proceeded into the intersection on a green arrow. The lawsuit also alleges Aaron ran a red light before colliding with the minivan. Although her mother and sister were also injured, Yuliana died as a result of the injuries she sustained in the accident.

A police officer’s report stated Aaron had bloodshot eyes and smelled of alcohol following the accident. She also reportedly failed a field sobriety examination administered by local police. Following the crash, Aaron was arrested and charged with vehicular homicide. Her blood alcohol content measured .08 percent, the level at which drivers are presumed to be intoxicated in the State of New Mexico.

At least one car accident witness told law enforcement officials that Aaron had the right of way and did not run a red light. According to the witness, Reyes Vasquez entered the intersection improperly and caused the collision. Due to conflicting witness accounts, an indictment against the surgeon has not yet been filed by prosecutors. Police investigators are currently attempting to ascertain which driver in fact had a green light. Aaron is currently free on a $100,000 bond and awaiting a court ruling regarding whether her driver’s license will be revoked.

In her lawsuit, Vasquez Rivera is seeking monetary and compensatory damages for wrongful death from both Aaron and her insurance company. If you were hurt or a loved one was killed in a tragic accident caused by an intoxicated driver, contact an experienced New Mexico drunk driving attorney to discuss your options.

Teen Suspected of DWI Causes Crash in Downtown Santa Fe

Fri, 20 Apr 2012 15:30:55 -0700

Last week, a teen driver allegedly under the influence of alcohol collided with a minivan driven by a 66-year-old woman in downtown Santa Fe. The 16-year-old driver was headed north on De Fouri Street when he reportedly struck the front tire of the minivan. The van was then forced over the curb and hit the wall of a nearby historic building. Following the crash, the owner of Alpine Builders Supply, the business located inside of the more than 100-year-old building, was temporarily trapped inside his office.

Santa Fe Police Captain Aric Wheeler stated there were signs of alcohol use inside the teen’s vehicle, but he was unsure whether the juvenile would be charged with driving while intoxicated. A New Mexico juvenile probation and parole officer will determine whether the teen will be jailed over the incident.

According to witnesses, the teen and a companion fled the scene following the crash. The driver of the minivan and her 12-year-old passenger were taken to Christus St. Vincent Regional Medical Center for minor injuries. Following a field sobriety test, the 16-year-old was eventually treated at the same hospital for minor injuries.

The owner of the business hit, Jim George, said one of the inner walls of the building shifted such that he could not leave his office. George’s son reportedly freed him using a pry bar from the shop’s inventory. Boards now cover holes in the wall of the historic building. George’s son stated the crash was loud and he expected the driver who hit the building to suffer from serious injuries.

Alcohol-related accidents are all too common in New Mexico. Unfortunately, everyone on the road is put at risk each time an impaired driver chooses to get behind the wheel of an automobile. When a driver is accused of drunk driving, criminal charges may be filed. Additionally, an injured victim may sue the allegedly intoxicated driver for damages related to an accident. Although an impaired driver’s automobile insurance limits may be insufficient to cover all of a victim’s damages, an injured person may also choose to file a claim against a bar or restaurant at which an inebriated driver was served. Contact a capable New Mexico drunk driving attorney to learn more about so-called dram shop cases.

Charges Filed Against Driver Who Killed Albuquerque Bicyclist

Thu, 12 Apr 2012 19:23:53 -0700

An Albuquerque driver who allegedly ran a red light and killed a bicyclist on his way home from work earlier this year was recently charged with misdemeanor careless driving. According to Albuquerque police, 58-year-old Carol Svinarich failed to stop at a red light while headed west through the intersection of Academy Parkway NE and Osuna on January 10th. Her sport utility vehicle struck 55-year-old Scott Dwane Lane’s bicycle as he rode through the intersection. Lane, a vice president at Sun Country Industries and father of four, was reportedly thrown 30 feet into the air on impact. Following the accident, Lane was taken to the University of New Mexico Hospital where he died.

Svinarich initially claimed the light was green when she went through the intersection. Later, she told police officers the sun was in her eyes and admitted the light may have been yellow when she struck Lane. At least three witnesses, including one who called emergency responders immediately following the accident, told Albuquerque police officers the bicyclist entered the intersection with a green light while Svinarich ignored a red traffic signal. According to Albuquerque police, alcohol was not a suspected factor in the crash and the collision was caused by driver inattention. If convicted, Svinarich will face a sentence of up to 90 days in jail and a maximum fine of $300.

In New Mexico, the criminal penalty for careless driving is the same regardless of whether it results in injury or death. State Representative Rick Miera is currently supporting a bill that would increase the careless driving penalty to a maximum of one year in jail and a $1,000 fine. Miera said he believes state law should create stiffer penalties for careless drivers who seriously injure or kill another person.

Whether in your vehicle, riding your bicycle, or merely walking down the street, an unexpected collision with an inattentive driver can occur at any time. The injuries that result from an automobile collision are often disabling. If you were hurt by an inattentive driver, you may be eligible to receive compensation for lost wages, pain, suffering, and other damages. If you lost a loved one in a tragic crash, you may have a New Mexico wrongful death claim against the person who caused the accident. After any car crash, it is a good idea to contact a knowledgeable New Mexico car accident lawyer as soon as you are able.

Albuquerque Man Killed by Suspected Drunk Driver in Tijeras Head-On Collision

Fri, 30 Mar 2012 07:36:33 -0700

Last week, an Albuquerque man was killed in a head-on collision with a man suspected of driving while intoxicated. 43-year-old Salvador Garcia died on New Mexico Highway 337 in Tijeras after a pick-up truck driven by 56-year-old Randy Curry reportedly crossed the center line into oncoming traffic. According to police, Curry, who was also injured in the collision, is expected to be charged with vehicular homicide in connection with the accident.

When the crash occurred, Garcia was returning to Albuquerque after taking his son to his ex-wife’s home. When the man did not return home for dinner, Garcia’s fiancée called his former spouse to inquire regarding his whereabouts. Both women then attempted to retrace Garcia’s path until they reached a roadblock near the scene of the fatal accident. Both women waited at the roadblock for more than four hours before learning Garcia was killed.

Car accidents are one of the leading causes of personal injury claims filed in the State of New Mexico each year. Motor vehicle crashes are often the result of inattentive, reckless, drunk, or otherwise impaired drivers. Additionally, automobile collisions may be caused by vehicle defects, dangerous street conditions, and a range of other factors. Although many car crashes will be minor, they can also result in tragic fatalities as was the case last week. Individuals who are hurt or the relatives of those killed by a drunk driver may be awarded compensation for their medical costs, suffering, pain, permanent or temporary disability, and punitive damages.

Unfortunately, drunk driving accidents are all too common. In New Mexico, drunk or impaired driving cases consist of a criminal phase where charges are brought against an intoxicated driver and a civil phase where a victim may seek compensation. Oftentimes, an impaired driver’s automobile insurance policy limits are insufficient to fully compensate an accident victim for his or her injuries. Where a driver’s liability or uninsured motorist insurance limits are insufficient, a victim may seek to file a claim against a restaurant or bar where the inebriated driver was served alcohol prior to an accident. This is referred to as a dram shop case. A qualified car accident lawyer can explain the claim process in more detail.

Valencia County Sheriff’s Deputy Shoots Man Twice Inside His Home

Thu, 22 Mar 2012 13:21:45 -0700

Earlier this month, a Los Lunas man who family members say suffers from bipolar disorder was shot twice in his living room by a Valencia County Sheriff’s Deputy. 26-year-old Nathan Felts was shot in the face and shoulder after he allegedly lunged toward the deputy in a threatening manner. Law enforcement officers who were on the scene claim Felts told police he had a shotgun and was bringing the weapon into the room immediately before he was shot. His family claims the man was instead holding a baseball bat.

According to Felts’ sister, Amber Ocana, Felts was suicidal at the time of the incident. Earlier in the day, he reportedly tried to hang himself from a tree. Valencia County Sheriff’s Deputies claim the man attempted to blow his home up by turning on a natural gas pipe inside the house. When officers arrived at Felts’ house, they smelled natural gas and had the gas meter turned off before entering the premises.

Ocana believes police acted improperly and used excessive force on Felts. She stated that although Felts needs medical assistance for his mental stability, the shooting was not warranted. Ocana also expressed concern that police did not attempt to use other, nonlethal means such as police-issued stun guns to control her brother. She believes Felts needs the assistance of doctors instead of being arrested and placed in a jail cell.

Following the shooting, Felts was treated at the University of New Mexico Hospital where he underwent surgery for his wounds. The Sheriff’s Deputy who shot Felts, David Hill, was placed on paid administrative leave pending an investigation by state police to determine whether the shooting was justified. Investigators would not say whether Felts was in fact armed with a baseball bat as his family claims.

Law enforcement officers are expected to use force in certain circumstances. Because of this, police are granted qualified immunity when they are acting in good faith and engaged in their official duties. If a plaintiff can demonstrate an officer’s conduct was out of bounds, however, the presumption of qualified immunity may be overcome.

Here, Felts may have a claim against local law enforcement for violating of his constitutional rights. A federal civil rights law, 42 U.S.C. Section 1983 allows United States citizens to sue officers of the law for violating the Fourth Amendment’s protection against the use of excessive force. Felts may also have a civil claim against the officer who shot him. If you believe a police officer used excessive force on you or a loved one, you should contact a qualified personal injury lawyer as soon as possible after the incident.

New Mexico Law Enforcement Holds DWI Superblitz This Weekend

Thu, 22 Mar 2012 09:33:37 -0700

According to preliminary data, the number of New Mexico highway fatalities involving intoxicated or impaired drivers rose slightly last year. In 2011, 146 people died in alcohol-related crashes on New Mexico highways. This means alcohol-related traffic deaths accounted for approximately 41 percent of the 355 traffic fatalities that occurred on highways in the state.

This week, additional state police will be on the lookout for drunk and impaired drivers in an effort to reduce traffic fatalities. Officers will be cracking down on intoxicated drivers throughout the St. Patrick’s Day weekend as part of a state sponsored driving while intoxicated (DWI) superblitz. Police will also be monitoring drivers using a number of sobriety checkpoints. On Tuesday, Governor Susana Martinez helped kick off the DWI superblitz at a press conference near United States Highway 550 in Sandoval County. Over the past five years, 28 alcohol-related traffic deaths occurred on that stretch of road. The Governor was joined by Transportation Secretary Alvin Dominguez, Public Safety Secretary Gorden Eden, Navajo Nation President Ben Shelly, and representatives from a variety of organizations that seek to target drunk driving in the state and nationwide.

In addition to an increased law enforcement presence on highways in New Mexico, an advertisement campaign demonstrating the dangerous consequences of driving under the influence will also be a part of the DWI superblitz. According to Governor Martinez, the increased enforcement is designed to provide New Mexico drivers with an additional incentive to refrain from drinking and driving. In 2012, approximately $2.4 million in federal National Highway Traffic Safety Administration funds will be used by 89 state law enforcement agencies to combat drunk driving throughout New Mexico. $75,000 of those funds will directly support police attempts to reduce the number of impaired drivers on Highway 550.

New Mexico residents spend a lot of time in their vehicles. Automobile collisions are one of the primary causes of personal injury claims filed nationwide each year. Car accidents frequently result from reckless, drunk, inattentive, or otherwise impaired drivers. Motor vehicle accidents can also be caused by automobile defects, hazardous road conditions, and a variety of other factors. Although many car accidents result in minor fender benders, they can also result in tragic fatalities. Individuals who are hurt by a drunk or negligent driver may be awarded money for their medical expenses, pain, suffering, permanent or temporary disability, and other damages. If you or a loved one was injured due to a driver’s negligence or impairment, it is a good idea to contact a qualified personal injury lawyer as soon as possible after the accident.

Preliminary New Mexico State University Study Finds No Significant Benefit to Las Cruces Red Light Cameras

Wed, 21 Mar 2012 15:00:52 -0700

A preliminary report prepared by researchers at New Mexico State University has found no statistically significant benefit to red light cameras in Las Cruces. New Mexico State University engineering professors Hansuk Sohn and Paola Bandini compared data supplied by the city for four red light camera intersections. This data was then compared with six intersections without the cameras in place. According to the researchers, there was little evidence the cameras provided a benefit to the community.

The City of Las Cruces began using red light cameras at a total of four intersections in 2009. Two of those intersections were later shut down by the State of New Mexico’s Department of Transportation. According to researchers, fewer accidents occurred at two of the four red light camera intersections, more accidents occurred at one intersection, and no change occurred at the other intersection. At the six intersections used for comparison, three had fewer accidents, two intersections had more accidents, and one was unchanged during the same time period. Although the researchers primarily focused on the red light camera intersection with the most favorable crash data, their preliminary report established no statistically significant change in overall crash rates at any of the intersections they examined.

City leaders commissioned the study at a cost of $30,000 in an effort to provide support for the use of the cameras in the community. In November 2010, the city council chose to continue the red light camera program despite initial data which suggested there may be an increased risk of accidents at intersections where red light cameras were installed. The cameras were expected to bring in approximately $5 million to the city in 2011. The researchers will present three additional safety reports to the Las Cruces City Council over the next two years.

You and your family spend a lot of time in your vehicle. Unfortunately, an unexpected accident may occur at any time. If you were hurt in a car accident, it is a good idea to contact a qualified car accident attorney as soon as you are able.

Judge Awards $4.25 Million In Wrongful Death Lawsuit Involving Police Shooting

Fri, 11 Nov 2011 09:43:55 -0700

Following a New Mexico police misconduct Judge Theresa Baca awarded $4.25 million to the family of a man fatally wounded by an Albuquerque Police Department officer in 2009 and criticized the department’s training methods as “designed to result in unreasonable use of deadly force.”

Andrew Lopez was nineteen years old and unarmed when he was shot and killed by an APD officer on February 8, 2009. The Lopez family, who was represented by the Albuquerque personal injury attorneys, Fine Law Firm, received no offers of settlement before trial.

The Albuquerque Police Department had contended that Andrew Lopez had an automobile ashtray in his possession and that the APD officer who fired the fatal shot believed that the ashtray was a gun. In addition, at least one Albuquerque Police Department officer contended that Andrew Lopez was in the process of “committing suicide by cop.”

It the hope of the Lopez family and the Fine Law Firm that the verdict will result in better training of Albuquerque Police Department officers and a policy of being more careful before using deadly force.

Family Receives $950,000 in Officer Involved Shooting

Sun, 06 Nov 2011 09:39:53 -0700

On December 4, 209 Rodrick Jones was shot in the back by an APD officer who was subsequently fired by APD as a result of his conduct involving the shooting.

Police shooting attorneys representing the family, Joe Fine and Brad Goodwin, pointed out that APD’s suggestion that Rodrick Jones was involved in a robbery was not supported by the fact that his fingerprints were not at the residence; there was an absence of stolen property in his possession; and Mr. Jones was in possession of any burglary tools. Rodrick Jones was a forty-two year old father of seven, a former US Air Force Security Officer and a security guard at Kirtland Air Force Base.

The $950,000.00 settlement is, to the family, recognition that APD made a serious mistake and that APD will attempt to improve its practices and procedures regarding the use of deadly force.

Commodification of an Injury - Putting a price to pain

Thu, 03 Nov 2011 09:35:33 -0700

One of the greatest challenges for an Albuquerque injury attorney is the task of placing a monetary value, or commodifying, serious injury or death. In wrongful death cases, for example, we represent families for whom no amount of money could even approximate making them whole. Nevertheless, even in these catastrophic cases, it is our professional duty to pursue the prospect of a monetary settlement. It is difficult for our clients to avoid feeling that commodifying their loss is commodifying their loved one's life.

In an article entitled "Commodification in Law," Philosophy Professor Nick Smith discusses the moral and ethical questions raised by the valuation of injury in the legal system. Much of his article is devoted to the theoretical impact of legal commodification on social and political systems, but he identifies two issues that apply directly to plaintiffs in wrongful death cases.

1. According to Professor Smith, commodification tends to reduce or oversimplify human life by "translating concrete particulars into abstract classifications." The danger here is that the character and nuance of someone who dies wrongfully--the very aspects of a life that make it so precious--wash away in the effort to convert the loss of that life into a dollar amount.

2. On a related note, Professor Smith suggests that the reduction of the loss of a life to a dollar amount diminishes the spiritual meaning we attribute to that life. "It seems as if our very sense of wonder dulls," Smith writes, "when we view the world through economic lenses." Professor Smith goes on to observe that:

"Just as the natural sciences chip away at our self-understanding as beings somehow spiritually distinct from the rest of the material in the universe and we begin to look like merely another physical system, commodification drains metaphysical meaning from our lives, bodies, thoughts, and loves."

Thus, there is a danger that even when a family obtains a favorable monetary result after a New Mexico wrongful death case, the result feels like an erosion to the memory of the loved one, a secondary loss. Here are some suggestions for avoiding that feeling:

-Recognize the limitations of a wrongful death case. It is not an attempt to make you whole, or to place a value on the life that was lost. If you view your case with either of these goals in mind, you will surely be disappointed. A wrongful death case is simply an effort to obtain some monetary compensation for the loss--it should not define the legacy of your loved one.

-Choose a lawyer with a genuine curiousity about you, your family, and your lost loved one, one who will celebrate and be motivated by his or her memory.

-Choose an attorney who will work with you on setting and achieving non-monetary goals that may include, for example, educating the public and/or institutional reform.

-Communicate with your personal injury lawyer about any discomfort you feel with the impact of commodification, and the legal process as whole, on the memory of your loved one.

How Will Federal Gun Policy Impact New Mexico's Medical Marijuana Policy

Thu, 27 Oct 2011 10:28:08 -0700

In September, the federal government sent letters to gun dealers nationwide informing them that medical marijuana card holders in states that have legalized the use of medical marijuana fell within the category of "unlawful drug users"/"addicts", to whom it was illegal to sell a gun. Outrage ensued, and what appears to be the first lawsuit challenging the federal policy was filed law week by a woman whose local gun dealer refused to sell to her because he knew her to be a medical marijuana user. The medical marijuana community has taken solace in the fact that, unless a gun dealer has personal knowledge that an individual is a medical marijuana cardholder, the only apparent way to be identified as such is through self-disclosure. At present, there do not appear to be any mechanisms or requirements for a gun dealer to determine whether the name of a would-be purchaser appears on a list of state medical marijuana card-holders. Thus, if a gun license applicant does not check the "unlawful drug user/addict" box on the gun license application, he or she may be able to purchase the gun notwithstanding his or her use of medical marijuana.

One big question that remains unanswered, however, is how, if at all, the federal government will choose to prosecute the possession of a gun by a medical marijuana cardholder or producer. The unlawful possession of a firearm is one of the more aggressively prosecuted federal offenses, particularly when that possession arises in connection with controlled substances. And while the federal disruption of medical marijuana programs has thus far been sporadic, the federal government seems less likely to exercise similar restraint in prosecuting unlawful possession of a firearm. New Mexico's medical marijuana program, which attempts to disperse licensed marijuana cultivation among non-profit producers and users alike, appears to be especially exposed to the chilling effect of the federal medical marijuana/gun policy since federal penalties for possessing a gun while distributing controlled substances are exponentially higher than those for the simple illegal possession of a gun. It seems likely that we will soon see a high profile federal prosecution of a medical marijuana user and/or producer who was found in possession of a firearm.

FedEx Las Cruces Accident on Interstate 10

Wed, 22 Jun 2011 18:10:52 -0700

An early morning, June 22, 2011, New Mexico accident near Las Cruces has claimed the life of 3 individuals. The New Mexico wrongful death accident occurred on Interstate 10. While authorities are still investigating and trying to recreate the horrifying accident, initial reports suggest the FedEx driver collided with a pickup truck from behind. The New Mexico accident claimed the life of two individuals inside the passenger truck as well as the FedEx driver.

New Mexico accidents such as these are complex for many reasons. First, any New Mexico wrongful death or accident lawyer knows that fatal accidents must be handled with more care and attention. Often time the impact they leave on family members is profound and far reaching. Second, accidents in which the responsible driver is working pose numerous other issues that must be addressed methodically and thoroughly.

In the event the FedEx driver is found to be responsible, the family of the victims will have various possible cases against not just the driver, but also the employer, FedEx. In such situations, each case must be preserved and pursued to bring the highest level of justice to those suffering a loss.

Finally, survivors of fatal car accidents have various claims that they can bring. This may include New Mexico bystander claims, or loss of consortium claims.

While injury lawyers know that no matter what, there are some losses that can never be fully compensated, and well planned case and successful result can help ease life’s pressures for those who are left coping with loss.

Drug Companies Liable For Fatal DWI Crash

Wed, 22 Jun 2011 17:42:07 -0700

A drunk driver caused a New Mexico car accident on Interstate 25. A child died. The child’s mother filed dramshop claims for wrongful death and personal injuries against three liquor establishments. She also filed wrongful death and personal injury claims against three drug companies. Drug company employees had treated the drunk driver to eight hours of free drinks.

In the early evening of April 29, 2005. a mother was driving southbound on Interstate 25 in Albuquerque with her three young children. An SUV was speeding southbound at a speed in excess of ninety miles per hour. The SUV collided with the rear of the mother’s vehicle. Her seven year old child suffered fatal injuries. The mother and two other children suffered serious injuries.

The SUV driver was arrested after leaving the scene of the accident. A test for alcohol showed that she had a blood-alcohol concentration of .21. That was more than two and a half times greater than the DWI level of .08. The driver was later convicted of aggravated DWI, leaving the scene, and fatal child abuse. On appeal, the Court of Appeals reversed the conviction for fatal child abuse. The court noted that the driver could have been prosecuted for vehicular homicide.

The driver had spent the afternoon drinking alcohol in a restaurant and two bars in the Northeast Heights. Pharmaceutical company employees had invited the employees of an Albuquerque doctor’s office to lunch. The lunch included alcohol. After lunch, the hosts and the driver spent the rest of the afternoon drinking in two bars in Uptown. When the driver left the second bar, she was “thoroughly intoxicated.”

The mother made claims for wrongful death and personal injuries against the restaurant and the two bars where the driver had spent the afternoon drinking. The mother also made claims against the pharmaceutical companies and their employees who had sponsored the lunch and the drinking. The trial court dismissed the claims against the pharmaceutical companies and their employees under the Liquor Liability Act. The trial court held that the companies and the employees were not liable as “social hosts” under the Act.

The mother appealed the dismissals to the New Mexico Supreme Court. The Supreme Court held that the drug companies and their employees had been properly sued as “social hosts” under the Liquor Liability Act. The mother’s claims for wrongful death and New Mexico personal injury damages against the drug companies, the drug company employees, and the three liquor establishments will now be adjudicated in the trial court.

Fatal collision - gunfire, wrongful death and New Mexico bodily injuries

Thu, 09 Jun 2011 16:33:16 -0700

On April 9, 2011, a Toyota Lexus hit the right side of a Ford Tempo in the intersection of Airport Road and Paseo del Sol in Santa Fe. The driver of the Lexus told police that she was escaping gunshots fired from a pursuing Ford Mustang. The Mustang fled the scene of the accident.

The Tempo was occupied by four people. The driver and his two children were hospitalized. The front seat passenger was the seventy-nine year old great-grandmother of the children. She suffered fatal injuries. The occupants of the Lexus were not injured. The driver of the Mustang was later arrested. He is facing multiple charges, including murder.

A New Mexico personal injury lawyer could bring claims for wrongful death and bodily injuries against the drivers of the Lexus and the Mustang. Depending on the facts, the driver of the Lexus could be found to be free of negligence. The most culpable parties are the driver of the Mustang and the person who fired the gunshots from the Mustang.

If the driver of the Mustang and the shooter had automobile liability insurance, the insurance would not cover the damages caused in the collision. Liability insurance policies exclude coverage for damages willfully caused by criminal conduct.

If the driver of the Tempo had “uninsured motorist” insurance, the New Mexico car accident lawyer would make a claim for wrongful death and bodily injury damages against the insurance company under the “uninsured motorist” coverage. Under New Mexico law, the driver of the Mustang and the shooter are “uninsured motorists.”

Under the “uninsured motorist” coverage, the insurance company is required to pay all damages for which the “uninsured motorists” are legally liable. The exclusion for criminal conduct does not apply to the “uninsured motorist” coverage. The insurance company would pay the damages for which the criminals are responsible.