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9400 Holly Ave. NE, Bldg. 4 Albuquerque, NM 87122

Auto Accidents

New Mexico is known for many things. Unfortunately, one of them is making lists of states for the worst drivers in the U.S. Careless driving is a major contributor to automobile accidents in Albuquerque. If you are the victim of a careless or negligent driver, you need the best Albuquerque auto accident lawyer to represent your claim. Scott Atkinson is a New Mexico car accident attorney with more than three decades of experience handling personal injury lawsuits for victims injured in auto accidents. His firm knows how to ensure your rights are protected and you receive the maximum compensation available for auto accident claims.

What to do if you’ve been involved in a car accident in Albuquerque

Auto accidents are serious business. Even if you do not think you are injured at the time of the accident, you should take steps to protect yourself. Sometimes car accident injuries like whiplash, concussions, and traumatic brain injuries are not immediately detected at the time of a crash. When you are involved in an auto accident in Albuquerque NM, it is important to take the following steps to protect your rights:

  • Request a police officer comes to the scene of the accident if one already is not present. When accidents temporarily disrupt traffic or injuries are reported, the police automatically respond. For other types of accidents, they must be contacted by one or both parties involved in the crash. Once on the scene, the police officer will investigate and issue a police report with his findings. A report is considered admissible evidence if you choose to file a personal injury lawsuit later.
  • Get examined by a doctor as soon as possible, especially if you have injuries. Your doctor can evaluate your injuries and document the extent of your recovery. Treatment by EMTs at the scene of the crash is not sufficient for medical documentation in a lawsuit. Make sure you follow up with your doctor or request ambulance transportation to the nearest hospital ER.
  • Call an attorney as soon as you can. You can even call one from your hospital bed or have a family member make the call. If you have serious injuries, you will need an experienced personal injury attorney involved as soon as possible to ensure your rights are protected. Never sign anything from an insurance company or make statements to the at-fault party’s legal representation or family members.

Most common reasons for auto accidents in Albuquerque

Distracted driving is one of the biggest contributors to auto accidents in Albuquerque. This includes talking or texting on a cell phone, eating, or fiddling with your radio. Anything that takes your eyes off the roadway qualifies as distracted driving.

There are some other common reasons for auto accidents that might prompt a personal injury lawsuit.

  • Driver fatigue
  • Driving under the influence of drugs or alcohol
  • Reckless driving
  • Speeding

Whatever the reason, if someone else’s negligence caused your injuries during a car accident, you have rights under New Mexico tort law. Contact our offices for a free review of your case to determine if you qualify for a personal injury lawsuit.

Get your free case review today!

Victims of other people’s negligence do not need to be further victimized by a personal injury attorney in Albuquerque when they are seeking representation. At Atkinson Law Firm, we provide a free case review to all injured parties. If we do not think we can win your case, we will not waste your time (or money). Ask us how to get your free case review today. 

Why do you need an Albuquerque car accident attorney?

An Albuquerque car accident attorney can protect your rights. Pushy insurance companies and attorneys for at-fault parties can take advantage of you and degrade your rights to file a personal injury lawsuit if you do not have someone in your corner who is representing your best interests.

What compensation can you demand after an Albuquerque car accident?

As with other personal injury lawsuits, there are types of compensation victims can pursue after a car accident. Here are the four most common.

  • Pain and suffering is the legal term for any ongoing physical, mental, or emotional injuries inflicted on car accident victims.
  • Lost wages can happen if victims are hospitalized or require extensive treatment for serious injuries from a car accident. Not all employers provide paid time off. Lost wages can affect the livelihood of the victim and their entire family if they are the sole breadwinner.
  • Medical bills pile up after a car accident, especially if victims have extensive injuries or have suffered a permanent disability. Medical and car insurance policies have limitations on what – and how much – is covered. You can seek additional compensation to cover the cost of all medical bills.
  • Property damage includes any damage to your car or belongings that were inside it during the accident.

How can we help you after a car accident in Albuquerque?

Scott Atkinson is dedicated to preserving accident victims’ rights. He will fight for fair compensation and ensure you are not taken for a ride by insurance companies and attorneys representing the at-fault party. Do not wait to contact our offices. We provide all clients with a free consultation to review the merits of their case and make recommendations on the best path forward. Contact us today to schedule your no-risk consult.


What is a personal injury?

Personal injury is the legal term used to describe a physical, mental, or emotional injury to a person.  To meet the legal definition, the injuries must be caused by the carelessness, negligence, or wrongful conduct of another person.

What is wrongful death?

Wrong death involves civil litigation against an at-fault party when their negligence causes the death of someone else. It is usually the relatives of deceased persons who file wrongful death lawsuits to recover compensation for the wrongful death.

Is there a time limit for filing a personal injury claim in Albuquerque New Mexico?

Yes. Individuals have 3 years from the date their injury occurred to file a personal injury lawsuit that seeks compensation or other damages from another individual. This statute of limitations is reduced to 2 years when filing against a government entity. When filing a wrongful death lawsuit, a victim’s family has 3 years from the date their loved one died from their injuries to take action.

What can I do if I’m involved in an accident with an uninsured motorist?

You have the option of filing a compensation claim with your insurance company if the other driver is not insured. Your insurance company can then pursue legal action against the uninsured party to recover the costs. Also, if the other driver is driving a vehicle belonging to another person, the vehicle’s owner may have insurance coverage and could be liable for the accident even though they were not driving.

How must does it cost to hire a personal injury lawyer in Albuquerque?

It depends. Some attorneys work on a contingency fee basis, meaning you only pay them a percentage of any damages awarded in your case. Others may require an upfront retainer. It is best to discuss fee structure with your attorney at your initial consultation.

How do I know if I have a personal injury case?

Any attorney who says you have a case without fully reviewing all the factors and evidence is not a reputable personal injury attorney. Your attorney should provide an initial consultation to discuss the merits of your case before determining if it is wise to proceed with filing a lawsuit.

Can you represent a client if their case is outside of New Mexico?

No. Attorneys are required to hold licenses to practice in each state they wish to represent. Our firm is licensed to represent clients in New Mexico only. If you require legal representation for another state, you can find options via the personal injury information center.

How do you prove liability in an automobile accident?

A police report is one of your best tools for proving liability in an automobile accident, which is why we recommend contacting the police any time you are involved in an accident. Sometimes the police are automatically called if there are injuries or if the accident prompts temporary closure of the roadway. During rear-end collisions and failure-to-yield during left-turn accidents, New Mexico law is clear cut on determining the at-fault party.

Do I need to file a police report?

While you are not required to file a police report, we highly recommend it. When the police are called to the scene of an accident involving injuries, they must conduct a full investigation. Their findings are considered evidence if you file a personal injury lawsuit.

What evidence do I need to prove negligence?

Any evidence presented in a personal injury lawsuit must indicate the other person was negligent, and that is what led to your injuries. To prove negligence, you must prove four points: duty, breach, causation, and damages/harm. Your attorney can review required evidence and other documentation for filing at your initial consultation.

Should I see a doctor after suffering an injury?

Absolutely. Just like a police report is considered supporting evidence in your case, a doctor’s evaluation is just as critical to proving your claim. Your physician can verify your injuries, their cause, and provide an estimation of your recovery, including treatment costs.

Are damages awarded in my personal injury case?

It is possible to collect damages as part of a settlement or jury award in a personal injury lawsuit. Ideally, you want to settle out of court to avoid the hassle associated with a trial. Damages are eligible for disfigurement and disability, pain and suffering, medical bills, lost income, and emotional trauma.

How long do I have to wait for my claim to be settled?

It depends on the circumstances and complexity of your case. A best-case scenario is 3 months, but some cases have taken as long as 18 months or more to resolve.

Speak to expert New Mexico personal injury attorneys

Victims have up to 3 years to file a personal injury lawsuit against individuals and 2 years to file against government entities in New Mexico. Do not waste time building your case. If you have suffered at the hands of another, reach out to our offices today to schedule your free case review and initial case consultation. We promise to work hard to secure fair compensation for your injuries. 

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