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Month: January 2022

Tips for Suing Teen Drivers

Written by Brandon Herrera on January 28, 2022. Posted in Personal Injury Case. No Comments on Tips for Suing Teen Drivers

Suing teen drivers for careless behavior on the roadways might become necessary if you suffer serious injuries because of their negligence. Teens just getting comfortable behind the wheel can make some dumb driving mistakes because of their inexperience. There is a difference between driving errors born out of ignorance and those made due to inattentiveness behind the wheel. Distracted driving is a common reason for traffic accidents involving teens motorists. Cell phones and passengers were among the biggest diversions, according to the U.S. Centers for Disease Control and Prevention (CDC).

When serious injuries or deaths happen at the hands of an inexperienced driver, a personal injury or wrongful death lawsuit may be necessary to recover damages.

Do teen drivers have more accidents?

Statistics don’t lie. The risk for motor vehicle crashes is greatest among teen drivers aged 16 to 19 than any other age group. For every mile driven, teens are more than three times as likely than drivers over age 20 to be involved in a fatal accident. According to the most recent data from the CDC, seven teens die each day from injuries suffered in motor vehicle accidents. The likelihood of having an accident behind the wheel increases for teens with other teen or adult passengers in the car because they can be distracting.

Inexperience at recognizing dangerous situations contributes to teen driving mistakes that cause injuries and death to passengers, pedestrians, and other drivers. Biological factors make teens naturally more distractible than adults. Knowing the science behind why teens become distracted is not an excuse for careless or negligent behavior behind the wheel. Driving too fast or goofing off with friends instead of paying attention causes serious injuries to teen drivers, their passengers, and others on the roadways.

Teen drivers who have friends in the car with them are more easily distracted.

What is the most common accident for teen drivers?

One of the most common mistakes teen drivers make behind the wheel involves crashing into fixed objects. Buildings, guardrails, parked cars, traffic signs, and utility poles are favorite targets. These kinds of accidents happen because teens misjudge distance and can become distracted while navigating around or near them.

If one of those fixed objects happens to belong to you, recovering damages might be necessary. Yes, automobile insurance carriers become involved if the accident involves vehicles. However, insurance companies are notorious for paying as little as possible. If you have serious injuries that lead to extended time off work or expensive rehabilitation, insurance payouts may not be sufficient. Contacting a personal injury attorney is your best bet for getting fair compensation.

Filing a claim against a minor

Teen drivers charged with criminal offenses while behind the wheel often are tried as juveniles, which means they receive more lenient sentencing than adults. However, those special protections do not apply to personal injury law. Victims can request their personal injury lawyers file claims against teen drivers who injure them or damage their property while behaving recklessly.

Personal injury lawyers collect documentation that supports your personal injury case, including evidence of liability, like whether the teen was distracted while behind the wheel. Requesting cell phone records, for instance, can prove if a teen driver was talking or texting while driving.

In some instances, you might be able to file a claim against the teen driver’s parents under the New Mexico Parental Responsibility Law. Under Statute 66-5-11, parents or legal guardians can be held responsible for damages and injuries cause by teen drivers. The same provision does not cap nor limit dollar amounts for damages, which increases the likelihood of being compensated for pain and suffering in addition to other damages.

Know when to consult an attorney

When teen drivers cause serious injuries or damage to you and your property, consulting an attorney skilled in personal injury law in New Mexico is a wise choice. Even if you are unsure you want to pursue a personal injury claim, a lawyer can review your case to ensure your rights are protected. Bill Russell is well-versed in personal injury law and can guide you through the process. Call 505-218-7844 or contact us online to schedule your free case evaluation today.

How to Protect Your Civil Rights

Written by Brandon Herrera on January 20, 2022. Posted in Civil Law. No Comments on How to Protect Your Civil Rights

Nowadays, lots of people claim their civil rights have been violated. From the right to a fair trial to the right to receive a free and appropriate public education, there are many protections that fall within the scope of civil rights guaranteed to all American citizens. Civil rights laws attempt to guarantee full and equal citizenship regardless of a specific group characteristics like race or gender.

What does it mean to have your civil rights violated? More importantly, how do you protect your civil rights when you believe a breach has occurred? The New Mexico Civil Rights Act allows residents to seek legal action against government entities in state court if they believe their civil rights have been violated. The act also permits the elimination of qualified immunity – the shielding of government workers from personal liability under federal law – as a legal defense in such cases.

What is a civil right?

Before you can determine if your civil rights have been violated, it is helpful to understand what falls under the scope of civil rights in New Mexico. A civil right is a guarantee of equal social opportunities and equal protection under the law. These protections apply to everyone regardless of their gender, race, religion, or other personal characteristics.

Some examples of civil rights include:

The right to vote.
The right to a fair trial before a jury of your peers.
The right to government services.
The right to a public education.
The right to use public facilities.

Civil rights are not the same as civil liberties. The difference is civil liberties are freedoms secured by placing certain restraints on the government. For example, the right to free speech without fear of prosecution by the government is an example of a civil liberty.

How to know if your civil rights are violated

Civil rights legislation defines a protected class of people who most often are victims of civil rights violations. Protected classes in the U.S. include color, national origin, race, religion, and sex. Protected classes can expand when specific legislation is enacted to include new categories. Some examples of expanding protected classes through legislation include people with disabilities, pregnant women, and LGBTQ+ people.

How do you know if your civil rights are violated? Let’s look at a few common examples to create a clearer picture.

Scenario #1: A police officer pulls over a motorist for a broken taillight. During the stop, the police officer demands to search the person’s vehicle without any justification for the request and arrests the individual when they refuse to comply. This is a violation of the right to be protected from unreasonable searches and seizures.

Scenario #2: A pregnant woman who qualifies for welfare benefits, including healthcare coverage with prenatal care, has her benefits withheld in violation of federal laws.

Scenario #3: A Black family applies to lease an apartment. The landlord denies the application, stating he prefers to rent to Caucasian tenants only. This is a civil rights violation under the state and federal fair housing and anti-discrimination laws.

These are just a few examples of civil rights violations. Consulting with an attorney knowledgeable in civil rights law in New Mexico can determine whether your rights have been violated.

Suing for civil rights violations

Individuals who believe their civil rights have been violated have recourse under state and federal laws. Thanks to the passage of the New Mexico Civil Rights Act, residents of New Mexico now can sue for damages for a violation of state constitutional rights. Under the new provisions, individuals can sue for infringement of freedom of speech, religion, or the right to vote, plus seek restitution if they were unduly or cruelly punished or unlawfully held against their will by governmental agencies.

New Mexico is one of only two states to enact such a law. The other state is Colorado. Civil rights violation claims must be filed in one of two ways. Plaintiffs can file with the relevant government agency or sue in civil court. A civil rights attorney can help determine whether it is best to file in state or federal court. The New Mexico Civil Rights Act sets a cap of $2 million in damages for any governmental entity to pay.

What do if your civil rights are violated

Consulting a civil rights attorney is the most crucial step you can take if you believe your civil rights have been violated. An experienced civil rights lawyer can walk you through the main phases of a civil rights violation lawsuit to ensure your rights are protected every step of the way. They know which laws apply, whether you must file a claim with the government first, and whether you should file your lawsuit in state or federal court. The knowledgeable civil rights team at Cameron and Russell can evaluate all aspects of your case and present all available options. Contact our offices to schedule your case evaluation.

When Your Favorite Product Hurts You

Written by Brandon Herrera on January 13, 2022. Posted in Deffective Product, Personal Injury Case. No Comments on When Your Favorite Product Hurts You

Beds, clothing, and even your favorite flat-screen television can injure you when you least expect it. Most consumers do not think about the products they use every day causing them harm. Yet nearly 11 million people have received emergency room treatment because of injuries from consumer products. When your favorite product hurts you, there is recourse. Reaching out to a personal injury lawyer skilled in product liability can ensure you receive fair compensation for your injuries.

What is product liability?

Product liability is the legal term used to describe the responsibility of distributors, manufacturers, and sellers of defective items. While accidents can and do happen with any consumer product, manufacturers must follow certain standards designed to help prevent injuries and even deaths from normal use of their products.

Any product can become the target of a personal injury lawsuit. It could be a piece of furniture with a design flaw prone to breaking during normal use, or clothing that does not meet the federal flammability standards. Sometimes it takes a personal injury lawsuit to prompt a product recall. Other times, the product already was recalled and ended up in the hands of the consumer anyway.

Buyers have legal protections when products are determined to be unreasonably dangerous. While no federal product liability laws exist, each state has its own rules. In New Mexico, distributors and manufacturers are liable for defective products that cause injuries to consumers when negligence can be proven.

Steps to take after a faulty product injury

Consumers who are harmed by faulty products must be proactive in seeking out assistance to improve their chances of receiving compensation for their injuries. Following these recommended steps can help strengthen your case against product distributors and manufacturers.

Seek medical care for your injuries
There are two reasons to seek immediate medical treatment for injuries caused by defective items. First, to ensure you receive appropriate treatment for the type of physical harm caused by the product. Second, to document those injuries for later use in a personal injury lawsuit. Medical records are essential components to any successful personal injury complaint, especially one that involves product liability.
Check for a recall
Some product recalls receive a lot of attention. You hear about them on the news, through social media, and even from signs posted in the retails locations where the products are sold. Others may not garner as much awareness. One of the best sources for checking on product recalls is the Consumer Product Safety Commission. The commission posts information on its website about all recalls, including those that have not managed to make the 6 o’clock news. Consumers can search by date, category, type of hazard, and manufacturing origin. If the product that caused your injuries is the subject of a recall, you can export the data from the commission and add it to your evidence for a potential personal injury claim against the distributor or manufacturer.
Seek legal counsel
Determining liability for faulty products is an important step when considering a personal injury lawsuit. Personal injury attorneys experienced with product liability can guide you through the process to ensure your rights are protected. One of the first things your personal injury lawyer will do is check to see if a class-action lawsuit for the item already has been filed. If one exists, you can consider joining it. There are pros and cons to joining a class-action lawsuit. Your attorney can discuss these with you before you decide whether to join one or file an individual claim.
Identify all responsible parties
As previously mentioned, this is where hiring a personal injury attorney skilled in product liability law comes in handy. Experienced product liability attorneys can follow the distribution chain to identify all responsible parties. From designers and manufacturers to retail distributors and wholesalers, each plays a unique role in getting a product to market. Some entities may have more responsibility for your injuries than others depending on why the product is defective. Your attorney can determine if some or all the parties involved should be included in the personal injury claim.
Gather supporting documentation
Another perk of hiring an experienced product liability law attorney is they will provide direction on which kinds of records can help prove your case. Receipts, product registration numbers, warranty information, and medical documentation of your injuries are just a few of the items that can point to liability.

Knowing when to settle

Most personal injury lawsuits never make it inside a courtroom, including those for product liability. Settling outside of court can be a beneficial experience for victims when they work with a reputable and skilled personal injury attorney. They can receive appropriate compensation for their injuries and other damages while being spared the stress of a lengthy court case. The product liability law experts at Cameron & Russell protects your rights while seeking the best route for recovering fair compensation. Schedule your free case evaluation today to get started.