Author: Brandon Herrera

Driverless Trucks Increase the Risk of Crashes

Written by Brandon Herrera on July 5, 2022. Posted in Personal Injury Case. No Comments on Driverless Trucks Increase the Risk of Crashes

Driverless trucks are part of the push toward automation in the United States. With the truck driver shortage continuing, some companies have developed autonomous trucks that can handle the task without a human behind the wheel. While most people are familiar with other kinds of self-driving vehicles, many may be uncomfortable with the idea of an 80,000 pound fully loaded tractor trailer driving itself.

Yet, in the U.S., it’s estimated that 90 percent of all long-haul trucking may soon be done without drivers. One company, TuSimple, already has an autonomous truck performing depot-to-depot runs in Arizona and Texas. The San Diego-based company said it plans to use driverless trucks to improve safety and efficiency in the trucking industry.

How safe are you on the roadways with self-driving trucks? Considering self-driving cars caused nearly 400 crashes in less than a year in the U.S., it’s understandable that you might be concerned about autonomous trucks.

Drivers who are injured because of autonomous trucking technology have rights. You can speak with a personal injury attorney in Albuquerque, who can help you receive fair compensation for your injuries and property damage.

Driverless trucks are on the nation’s highways, increasing the risk of truck crashes.

How safe are autonomous trucks?

The answer to this question is still relatively unknown, as most companies pursuing the technology are still testing their autonomous trucks. During the testing phase, a human driver is behind the wheel, ready to take over if there is an issue with the automated system.

Torq Robotics, an autonomous vehicle company in Albuquerque, said that its goal is to reduce trucking accidents by eliminating the human error component. The company has an advisory council that oversees working relationships with fleets and logistics suppliers.

At the moment, self-driving trucks and their testing are limited to the Sun Belt states because the technology doesn’t perform well in bad weather like snowstorms and fog.

What are the risks to other drivers?

Tech companies working to develop and market autonomous trucks claim they have many benefits. What are the risks to other drivers? One of the biggest downfalls is software failure. Driverless trucks are controlled by complicated software programs designed to replace a human behind the wheel. If that software fails, the truck can malfunction, losing the ability to brake or steer.

Another potential risk is autonomous vehicles can be susceptible to hacking. Cyberattacks could focus on the truck’s software, which controls the navigation system. If an unauthorized person gained control of the program running the truck, they could disable it or cause disruptions that compromise the safety of everyone and everything in the truck’s path.

Lastly, another danger of autonomous trucks is the artificial intelligence that runs them lacks the ability to predict human error on the roadways. So, while a human truck driver might anticipate the car in front of him not using a turn signal correctly, a driverless truck might misinterpret the signs, causing a rear-end collision.

Traumatic Brain Injury (TBI) is one of the most serious kinds of injuries autonomous trucks can cause if you’re involved in a crash with one.

What kinds of injuries can autonomous trucks cause?

Driverless trucks can cause the same kinds of injuries to other drivers as those experienced when a truck crash happens when a human is in the truck’s cab. Due to the size and weight of most tractor trailers, they can cause significant bodily harm and damage to your property.

The most serious physical injuries you can suffer include brain and head injuries which can leave you permanently disabled or, in a worst-case scenario, dead. Traumatic brain injuries (TBI) physically damage the brain. You can suffer from headaches, memory and mood problems, and sleep disturbances after suffering a brain injury.

Some other devastating physical injuries from truck accidents include:

Back and neck trauma that can lead to whiplash, bulging discs, and other painful injuries.
Broken bones that can cause lifelong pain and suffering.
Burns that can be challenging to treat or require plastic surgery.
Lacerations and puncture wounds to the face or body that can cause disfigurement.
Spinal cord injuries that can leave you with paraplegia or quadriplegia.

It’s not uncommon for wrongful death lawsuits to happen after accidents with trucks. If you or someone you love dies because of a malfunctioning autonomous truck, there is legal recourse.

Can you sue a driverless trucking company?

As with any kind of personal injury because of someone else’s negligence or carelessness, you can sue a driverless trucking company if you’re involved in a serious crash with one of their trucks. The knowledgeable personal injury attorneys at Cameron & Russell understand the devastation that trucking accidents can cause. They’re here to help you receive fair compensation for your injuries.

You can request a free consultation to discuss your case by calling 505-218-7844 or requesting a free consultation online.

I Can’t Drive My Car. Now What?

Written by Brandon Herrera on June 27, 2022. Posted in Uncategorized. No Comments on I Can’t Drive My Car. Now What?

Getting into an automobile accident can leave you with debilitating injuries. It’s easy to focus on receiving compensation for lost wages and your pain and suffering since they are immediate needs. Don’t forget about recouping the loss of your vehicle.

It may be weeks or even months before you can drive again, so the condition of your vehicle (and whether it’s a complete loss or can be repaired) may be the furthest thing from your mind. Waiting to act can leave you stranded without transportation.

Property damage liability for car accidents

Automobile insurance providers require property damage liability coverage. It pays for any damages to another person’s property when you’re involved in an accident. Other vehicles, homes, fences, and any personal property inside the vehicle at the time of the accident are included under property damage liability insurance.

Sometimes the insurance payout doesn’t adequately cover all damage costs. When that happens, you can sue for the balance.

rear-end car crash with two cars on the highway — When the at-fault party’s property damage liability coverage falls short of covering your damages, a property damage liability claim can help recoup the balance.

Property damage liability vs. collision coverage

There’s a difference between property damage liability and collision coverage for automobiles. Property damage liability pays for repairs when you destroy someone else’s property. Collison coverage pays to repair your vehicle (after the deductible) if you’re the at-fault party or the other driver doesn’t have insurance coverage.

Auto insurance requirements in New Mexico dictate that all drivers must carry insurance coverage while behind the wheel. New Mexico has minimum auto liability insurance amounts:

$25,000 for bodily injury to or death of one person.
$50,000 for bodily injury to or death of two or more persons.
$10,000 for property damage in any one accident.

Additional coverage for physical damage is available and advisable if you have a newer vehicle. Insurance agents can best advise on how much coverage is needed. Keep in mind that just because you’re well-insured doesn’t mean the at-fault driver in the crash carries the same coverage. That’s when it’s time to consult an attorney skilled in property damage liability cases.

Property damage claims vs. personal injury claims

Some accident victims mistakenly assume that a personal injury claim covers the loss of their vehicle. Not true. The only commonality between personal injury and property damage claims is that they often come from the same incident. However, they require very different courses of legal action to recoup your losses.

Personal injury claims address things like medical treatment for your injuries and any ongoing care required to fully recover. They also can seek reimbursement for lost wages and fair compensation for your pain and suffering.

Property damage claims strictly cover damage to your property, including your vehicle and any personal effects inside that were destroyed during the accident.

Not all attorneys handle property damage claims. At Cameron & Russell, our attorneys are skilled in both personal injury and property damage lawsuits. We can ensure you’re fully covered on both fronts if a lawsuit becomes necessary.

Finding a replacement vehicle can be a nightmare in today’s market. Used cars are going for 40% more than just two years ago.

Property damage claims: four factors

If you’ve decided to consult with an attorney about recouping the difference between the damage amount and what the insurance pays, there are four factors your attorney considers when preparing your car accident property damage claim.

Your vehicle’s diminished value

When you’re involved in an accident – even when someone else is at fault – your vehicle loses value. All accidents reported to insurance companies and police departments are added to your CARFAX history report. Your vehicle is worth less at resale or trade-in time thanks to someone else’s carelessness. You can recoup those costs as part of a property damage claim.

Your loss of use costs

Losing the use of your vehicle might be the furthest thing from your mind after an accident, especially if you have serious injuries. You’re unlikely to think about it until you need reliable transportation and don’t have it. Some families only have one vehicle, so loss of use can be devastating.

A competent property damage attorney can include loss of use costs into a claim against the at-fault driver. The sooner action is taken, the better the outcome.

Your total repair costs

If the insurance company doesn’t deem your vehicle a total loss, it may offer a settlement amount for making repairs. Oftentimes, the sum they suggest doesn’t cover the cost of all repairs. The last thing you need is to pay the balance when someone else was at fault for the damages.

Never pay out of pocket when this happens. Experienced property damage liability attorneys know how to go after the responsible party for the difference.

Your total loss value

One of the worst things that can happen is to have a vehicle end up a total loss after an accident. Then, you’re stuck trying to find a replacement. Insurance companies may not pay for the full value of your car. Even if they do, it still may not be enough to find a suitable replacement in today’s marketplace, where the value of used cars has jumped more than 40 percent.

Filing a car accident property damage claim is your best recourse. Your attorney can negotiate a higher settlement to ensure you don’t have to pay out of pocket to replace your damaged property.

Rely on the personal injury experts

Not many personal injury law attorneys bother with advising their clients about the importance of addressing the damage to their vehicles during case consultations. Some don’t see it as worth their effort because it’s not a money-making service.

Bill Russell cares about his clients and wants to ensure they have all the help they need following a car accident.

Picnic fun without the lawsuits

Written by Brandon Herrera on June 8, 2022. Posted in Personal Injury Case. No Comments on Picnic fun without the lawsuits

June 11 is national corn on the cob day. It’s not the only food-themed national holiday this month. There are days for German chocolate cake, peanut butter cookies, and even strawberry shortcake. All of these are perfect picnic foods.

Picnics are part of summertime fun for many people. Avoiding the personal injury and premises liability lawsuits that can come with them isn’t difficult when you practice some basic safety guidelines.

Backyard parties and premises liability

Premises liability is the legal term for a property owner’s responsibility to take reasonable precautions to ensure the safety of guests and other visitors. If you ignore an issue, hazard, or danger that leads to the serious injury or death of someone on your property, you’ll be accountable under premises liability laws in New Mexico.

While it may make you feel like a Debbie Downer, it’s important to establish rules and make sure you guests follow them to ensure everyone’s safety. Here are some other things you can do to reduce your liability risk.

Choose physical activities wisely

Outdoor picnics lend themselves to games and other physical activities. Some are more dangerous than others and should be avoided if you want to avoid the possibility of accidents and injuries. Watersports and other swimming pool games can be fun, but they also increase the risk of someone getting hurt. It’s best to avoid these types of activities, especially if alcohol is involved.

Establish a safety perimeter

Most outdoor parties involve grilling food or having some kind of bonfire for roasting hotdogs and marshmallows. Establishing a safety perimeter around your grill can keep your guests safe and you free from lawsuits. Outdoor grilling accidents send thousands of Americans to the emergency room each summer. The numbers increase when those in charge of grilling indulge in alcoholic beverages until they’re drunk.

Whether your party guests are adults, children, or a mix of both, make sure you keep people away from the grill – or a bonfire – when it’s in operation. Make the grill or bonfire a “no-kid zone” and don’t make any exceptions. Lastly, keep people from horsing around near the grill or bonfire.

Install extra lighting

If your party extends into the evening hours, installing extra lighting can help prevent slip-and-fall accidents that lead to serious injuries. This precaution is especially important if you have a swimming pool on your property that guests can use during the festivities.

Lighting along areas that can be tripping hazards – patio pavers, sidewalks, stairways – should be a priority.

Limit guests to no more than 2 alcoholic beverages an hour and cut off anyone who appears visibly drunk.

Limit alcoholic beverages

Any time you introduce alcohol at a party, you open yourself up to liability issues. Guests who don’t know when to stop drinking can become belligerent and injure themselves or others. If you own a swimming pool, drinking at picnics and other gatherings can increase the risks of one of your guests drowning, or slipping and falling poolside.

Limiting or completely excluding alcoholic beverages from your party can reduce your liability risks. If you just can’t go without alcohol, be willing to cut off your guests if they run the risk of becoming so drunk it affects their judgment and everyone’s safety.

Practice food safety guidelines

Swimming pools and other outdoor hazards aren’t the only things you must monitor closely when hosting a summer picnic or outdoor party. If you plan to serve food, you’ll want to make sure you follow food safety guidelines to avoid giving any of your guests food poisoning. As a rule, you should:

Avoid cross-contamination when preparing foods, especially foods on the grill. Never use the same utensils for cutting or priming meats and other food products.
Keep cold foods cold by placing them in a cooler with ice. Store it at 40 degrees Fahrenheit or lower to prevent bacteria growth. Make sure cooler lids stay closed to maintain ideal temperatures.
Keep hot foods hot by wrapping them well and placing them in an insulated container. Hot food must be kept at around 140 degrees Fahrenheit. Never let it sit out for more than 2 hours (1 hour if the temperature is 90 degrees or higher) without refrigerating.
Use a food thermometer to ensure you’re cooking meats and other raw foods to a safe temperature for consumption.

How to handle negligent party hosts

If you attend a backyard party or picnic and the hosts fail in their duty to provide a reasonably secure environment, you can discuss your legal options with one of our experienced premises liability lawyers. Give us a call at 505-218-7844 or request your free case evaluation online.

How to Share the Road with Motorcyclists

Written by Brandon Herrera on May 19, 2022. Posted in Personal Injury Case. No Comments on How to Share the Road with Motorcyclists

Knowing how to share the road with motorcyclists can mean the difference between a devastating accident and arriving safely at your destination. Late spring and summer months bring more favorable weather for motorcycle rides in New Mexico. Drivers must be diligent in keeping an eye out for motorcycles and exercise some caution when they encounter them.

Everyone has an equal right to the roadways. Being cautious and courteous of other drivers – including those operating motorcycles – is the best way to prevent accidents.

Motorcycle riders use hand signals to alert other drivers and other bikers to their intentions and any roadway hazards.

Brush up on your hand signals

While motorcycles have brake lights and turn signals, some cyclists use hand signals to alert other drivers to their intentions. Some of the most common hand signals include those for left and right turns, slowing down, or stopping. The hand signals are easy to learn and remember and can mean the difference between you colliding with a motorcyclist and avoiding an accident.

A left-turn hand signal is made by extending the left arm straight out to the side with your hand open and your thumb pointing upward. The same signal indicates a motorcyclist plans to change lanes to the left.
A right-turn hand signal is made by extending the right arm straight out to the side with your hand open and your thumb pointing upward. The same signal indicates changing lanes to the right.
A slow down hand signal is made by putting the palm of the hand parallel to the ground. Moving it up and down in this position indicates to other drivers you plan to gradually decrease your speed.
A stopping hand signal is made by putting the hand straight down, with your fingers pointing toward the ground and the palm of the hand facing the driver behind you.

Sometimes motorcyclists will use their pointer fingers to alert other riders to road hazards and other dangers so they can avoid them.

Check your blind spots

Checking your blind spots is good defensive driving advice. The main blind spots on most vehicles are in the front, at the rear, and on both sides behind the windshield pillars. Some newer vehicles have safety systems designed to help drivers monitor these areas. Never rely solely on automatic alert systems to notify you about the proximity of motorcyclists because they can fail to work properly.

Being aware of the space around your vehicle is important when sharing the road with motorcyclists. Motorcycles are smaller and more difficult to see than full-size vehicles. Bikers can change lanes quickly, so it’s important to know their location. Check your mirrors frequently and ensure you have them adjusted for the best views.

Using your cell phone while driving is one way you can become distracted behind the wheel, increasing your chances of colliding with a motorcycle.

Eliminate driving distractions

One of the best tips for avoiding accidents with motorcyclists is to eliminate distractions when behind the wheel. Talking and texting on a mobile phone causes the bulk of distracted driving accidents in New Mexico, according to the New Mexico Department of Transportation.

Cell phones aren’t the only things distracting drivers. Eating or drinking while driving, adjusting the stereo, and other passengers all create the opportunity to take your eyes off the road. You can’t be aware of your surroundings if your focus is elsewhere.

Leave plenty of room

Motorcyclists wear safety gear when riding, but it’s no match for the impact they’ll experience if a 4,000-plus pound car crashes into them at 70 mph. When you approach a motorcycle on the roadway, leave extra space to help the bike operator feel safer. Following the 3-second rule gives adequate space to stop quickly without colliding with a motorcyclist.

Bikers are exposed to a lot of road noise while riding. They may not hear your vehicle approach. Slow down to give them time to notice your approach. Rear-ending a motorcycle can be fatal for the biker. You can lessen the risk of that happening by leaving plenty of room between your vehicle and their bike.

Pass with caution

Part of leaving plenty of room for motorcyclists on the roadways is passing with caution. Sometimes you may want to pass a motorbike. Slowing down when you pass may seem counterproductive, but it can help the driver feel more secure while you do so.

Always wait for confirmation the biker sees you before passing. Some riders may wave their hands at you to indicate they’re aware of your presence. If you’re not sure they know you’re there before you pass, slow down and keep your eyes on them until you safely get around them on the roadway.

Share the road to keep motorcyclists safe

Motorcyclists who are injured because of careless drivers can seek fair compensation for their injuries. Schedule your free case evaluation with the experienced personal injury attorneys at Cameron & Russell. We’ll review your case and make recommendations for the best path forward.

How to Prevent Auto Accident Injuries

Written by Brandon Herrera on May 3, 2022. Posted in Personal Injury Case. No Comments on How to Prevent Auto Accident Injuries

Auto accident injuries can be life altering. They cause death, serious injuries, and trauma to more than 2 million Americans each year. Defensive driving can help protect you from ever getting into an automobile accident. Sometimes, however, it’s not enough to avoid a collision with another vehicle or pedestrian.

It’s difficult to prevent auto accident injuries. There are some steps you can take to reduce the likelihood of becoming a victim. Here are some proactive steps you can take to protect yourself every time you get behind the wheel.

Help prevent auto accident injuries by maintaining your vehicle.

Maintain your vehicle

Automobiles are complex machines. Newer vehicles can be even trickier because they contain more electronic components that their predecessors. Keeping your vehicle in proper working order can prevent accidents that cause serious injuries to you and others.

Every vehicle comes with a recommended maintenance schedule from the manufacturer. If you bought a used vehicle that didn’t come with one, you can find a copy online. Some things require the assistance of a car mechanic. Others you can do on your own, including:

Check oil levels, adding more if you’re low.
Evaluate the air pressure in your tires.
Test your windshield wipers and top off your wiper fluid.

If you notice something amiss with your automobile, trust your instincts and schedule a check-up with your mechanic.

Never drive impaired

Driving while under the influence of alcohol or controlled substances doesn’t end well for most people. A recent DUI report for New Mexico indicates law enforcement made 289 arrests for every 100,000 drivers in the state. The numbers earn the state a DUI severity score of 7 out of 10.

Drinking alcohol or taking controlled substances – including legally-prescribed medications that can affect your judgment and reflexes – should be avoided when you know you have to drive.

Obeying traffic laws designed to protect you, other drivers, and pedestrians can help prevent auto accident injuries.

Obey traffic laws

It can be tempting to coast through a stop sign or drive over the speed limit if you think it’s safe to do so. Breaking the rules of the roadway increases your risk of being in an automobile accident, especially if you get in the habit of doing so.

Traffic laws exist for a reason. They protect you, your passengers, other motorists, and pedestrians. If you have an accident and the police discover you violated driving laws, you might get fined or lose your license. A police report noting your fault also can be used against you in a personal injury lawsuit.

Pay attention to your surroundings

Paying attention to your surroundings can help prevent auto accident injuries by reducing the likelihood you’ll be in an accident in the first place. If you’re on a busy roadway, frequently check your mirrors to note the positioning of other vehicles. While no accident is 100 percent preventable, defensive driving techniques offer protection.

Some common tactics you can use when behind the wheel include:

Follow the 2-second rule when behind other vehicles.
Plan an escape route if you observe driving dangers.
See and be seen by other drivers.

Cell phones are the number one reason for distracted driving. Prevent auto accident injuries by staying off your phone while behind the wheel.

Stay off your cell phone

Distracted driving is the most common reason for auto accidents. Talking and texting on cell phones is by far the most cited reason for becoming unfocused behind the wheel. According to the National Safety Council, 26 percent of all vehicle crashes involve cell phones.

Cell phones should be for emergency use only while behind the wheel if you hope to prevent auto accident injuries. Calls and texts can wait. If you must check your messages or answer a call, safely pull off the roadway first.

Wear your seat belt

Always wear your seat belt to help prevent auto accident injuries. New Mexico requires all drivers and their passengers to buckle up while the vehicle is in motion. All children up to age 7 must ride in a child safety seat suited to their age and weight.

According to the most recent data from the National Highway Traffic Safety Administration (NHTSA), 47 percent of people killed in automobile accidents were not wearing their seat belts. Some people mistakenly think if they have air bags that they don’t need to buckle up. The force from an air bag deploying can cause serious injury or death without a seatbelt to keep you in place in your seat.

The only thing worse than not wearing a seatbelt is wearing one improperly. Check out this step-by-step tutorial on how to secure your seatbelt as the manufacturer intended.

When you can’t prevent auto accident injuries

You can be the best driver in the world and still find yourself in an accident. If you are injured because of someone else’s carelessness behind the wheel, you have recourse. Consulting with an experienced personal injury attorney can get you fair compensation for your injuries. Contact us today to schedule your free case evaluation.

Nursing Home Patient Rights: Know the Facts

Written by Brandon Herrera on April 27, 2022. Posted in Personal Injury Case. No Comments on Nursing Home Patient Rights: Know the Facts

Nursing home patients have rights in New Mexico. Depending on someone else for your care doesn’t eliminate those entitlements. Whether you (or a loved one) lives in a personal care home or a skilled nursing facility, you deserve access to quality medical and personal care services.

Accidents can and do happen in New Mexico aged care facilities. Deliberate negligence also has been uncovered in the state over the years. The best way to ensure you or a loved one doesn’t fall victim to abuse or neglect is to know your nursing home patient rights.

The Right to Choose Your Own Physician

You’re not required to use a physician to whom you aren’t comfortable entrusting your care. Some nursing homes and other aged care facilities provide residents with on-site medical personnel as part of their services. Just because they offer it doesn’t mean you have to use it.

Beyond the freedom to choose your own doctor, you also have the following rights regarding your medical care and well-being, according to the Centers for Medicare and Medicaid Services.

Complete information about your health status in clear language that makes sense to you.
Full disclosure about your medical condition, prescriptions, and over-the counter drugs, vitamins, and supplements prescribed or recommended by a physician or other healthcare provider.
Total access to your medical records and reports, and to make important decisions about the development of care plans and other medical treatment decisions.

The Right to be Free from Discrimination

You don’t abandon your Constitutionally protected rights when you decide to live in an aged care home. One of those protections is to be free from discrimination based on age, color, disability, national origin, race, or religion.

If you think nursing home staff are engaging in acts of discrimination, you have the option of filing a civil rights complaint. Contacting an ombudsman can get the process started. You also can reach out directly to the U.S. Department of Health and Human Services’ Office for Civil Rights to lodge your formal grievance.

Contacting a civil rights attorney or one skilled in aged care abuse cases is another option for filing a discrimination complaint. Your attorney can review the circumstances and help determine the best course of action to resolve the issue.

You have the right to refuse any kind of restraints, including medication designed to make you drowsy.

The Right to be Free from Restraints

Personal care homes and nursing homes can’t use physical restraints on you for discipline purposes or to make life easier for the staff. Side rails on beds and medications that encourage drowsiness both fall into this category.

The Nursing Home Reform Act of 1987 prohibits physical restraints for nursing home residents without their consent. Emergencies are the only exception to the rule. A total of 10 items appear in the act under the Residents’ Bill of Rights.

Aged care facilities that do not follow the guidelines in the act can face civil and criminal penalties and possibly lose their licenses to operate.

The Right to be Treated with Respect

Choosing to live in a personal care home or other aged care facility doesn’t mean you surrender your right to be treated with dignity and respect. You have control over when you go to bed at night and get up in the morning, what you eat during mealtime, and what activities you participate in throughout the day.

Nursing homes must provide you with the rules for their facility before you agree to live there. They also must give 30 days written notice any time they change an existing rule or add a new one.

You have a right to privacy for making personal phone calls or visiting with guests without the oversight of a staff member.

The Right to Privacy

You don’t surrender your right to privacy because you choose to live in an aged care facility. It’s not a trade-off. What does privacy look like in a nursing home? Here is what you can expect.

The access to private phone calls and visits without oversight from a staff member.
The ability to send and receive postal mail and electronic communication (email) without oversight.
The advance notice about roommate changes and other living arrangement alterations before they are made.
The right to keep and use your personal belongings if it’s not interfering with the health or safety of others.

The Right to be Free from Abuse and Neglect

Nursing home abuse and neglect is a serious problem in the U.S. A 2020 study from the World Health Organization discovered that more than 64 percent of nursing home staff members admitted to committing some form of abuse or neglect. That’s a frightening statistic.

Abuse and neglect take many forms. There is physical and sexual abuse, but also psychological abuse. For instance, if a nursing home punishes you by isolating you from other residents, that’s a form of emotional abuse.

If you’re needs aren’t being met, or you are the victim of deliberate abuse or neglect, you can file a complaint with your long-term care ombudsman. Depending on the type of abuse, criminal charges may be warranted in addition to civil recourse.

The Right to File Complaints

You have a right to file a formal complaint to the staff of the nursing home, or any other authorized person, without fear of retaliation. From the quality of care you receive to a failure of staff to respect your privacy, there are many reasons you may want to lodge a grievance.

If you report your concerns to the proper authorities and do not get the response desired, it may be time to consult with an attorney skilled in handling nursing home complaints.

How to Sue a Private Prison

Written by Brandon Herrera on April 12, 2022. Posted in Civil Law, Personal Injury Case. No Comments on How to Sue a Private Prison

Prison isn’t a fun place to be, but that doesn’t mean prisoners should be subjected to abuse and neglect in the name of punishment. Yet, prison abuse allegations are on the rise in the United States in both state-owned and privately held prisons. Reports of abuse and inhumane treatment continue to surface about prisons in New Mexico, with some inmates filing a civil lawsuit.

There are nine prisons in New Mexico. Six are owned by the state and another three are owned by private entities. When prisoners feel their civil rights are violated, they have recourse. Contacting a law firm skilled in prison abuse violations is a crucial part of the process.

What rights do prisoners have behind bars?

Just because you are imprisoned as punishment for a crime doesn’t mean you lose all your rights while behind bars. You still have the right to a minimum standard of living and to be treated fairly without discrimination based on your race, sex, national origin, or religion. You also retain free speech and religion rights if they do not interfere with the status of other inmates.

The Eighth Amendment of the U.S. Constitution also protects prisoners from cruel and unusual punishment. Access to the parole process and due process for administrative appeals are included in these safeguards.

Map of all private prisons located in teh United States. Source: The Sentencing Project.

How is a private prison different from a state-owned prison?

Unfortunately, New Mexico’s use of private prisons exceeds that of other states. More than half of all prisoners incarcerated in the state are serving their sentences in private prisons, according to data from The Sentencing Project, which monitors private prisons in the U.S. In comparison, only 8 percent of prisoners nationally are housed in private prisons.

Public prisons are owned and operated by the state or federal government. Taxpayers foot the bill to operate them. Because they are taxpayer-funded, public prisons have strict reporting requirements and oversight by the government.

Private prisons receive funding from government contracts and other third-party investors. They are not required to release information about inmate populations or how the money they receive is being used to run the prison. Private prisons can pick and choose which prisoners they accept, with a tendency toward less violent inmates.

Despite favoring less violent inmates, a 2017 Justice Department report concluded that private prisons were more dangerous and less effective at reforming prisoners.

Why would you sue a private prison?

Injuries and abuse are the top reasons inmates sue private prisons. Other reasons may include becoming ill or injured due to negligence on the part of prison administration or staff. How you handle these kinds of incidents in a private prison is severely limited by the Prison Litigation Reform Act.

One of the starkest differences between public and private prisons is how inmates seek legal recourse for abuse and other mistreatment. Prisoners in public prisons can sue under Section 1983 of the Civil Rights Act if they are injured or abused.

Detainees in private prisons do not have the same ability since the prisons aren’t government-run. They must instead file standard tort lawsuits based on negligence or intentional torts like those used for battery.

What is private prison negligence?

Private prisons exist for one reason only: to make a profit. Putting profit above prisoner safety and security can be a common theme among private prisons. It’s not rare to see them accused of engaging in careless, dangerous, and negligent acts to save money. Failing to maintain adequate staffing levels is one way that private prisons put profit over prisoner well-being.

An attorney skilled in personal injury and civil rights laws can help prisoners and their families navigate abuses and other forms of neglect within the private prison system. The team at Cameron and Russell have the knowledge and experience to help you resolve private prison issues. Give us a call at 505-218-7844 or contact us online to schedule your case evaluation.

How to Sue for Lawn Mower Injuries

Written by Brandon Herrera on April 6, 2022. Posted in Deffective Product, Personal Injury Case. No Comments on How to Sue for Lawn Mower Injuries

Lawn mower injuries can be a surefire sign of spring. As soon as the flowers start blooming and the birds start singing, your grass starts growing, too. That leads to the annual firing up of the lawn mower for the first grass cutting of the season.

More than 35,000 Americans get hurt while mowing their laws each year. Most of these injuries happen when a mower’s feet contact a powered mower’s blades. Mowing while wearing flipflops or other open-toed shoes can increase the likelihood of this happening.

Many law mower injuries happen because of operator error. Others may happen because of a defective product or another person’s negligence. When the later occurs, you may be able to sue for your lawn mower injuries.

Defective product or operator error?

When a lawn mower causes a serious injury, the first question might be whether the mower was defective. Consumers who end up with lemons can file a product liability claim if their injuries were caused by a defective mower. There are two questions to ask when determining if the mower was functioning as intended.

Did the mower malfunction?
Lawn mower manufacturers design their products with safety in mind. Most mowers come with explicit instructions on how to operate them to safeguard your well-being. Consumers who follow the safety instructions and still become injured through no fault of their own should explore whether the mower malfunctioned. If so, they may be able to file a product liability claim against the manufacturer.
Was the mower poorly designed?
Sometimes a lawn mower’s design can contribute to injuries. Let’s say your mower comes with a foot guard that’s supposed to protect your feet from the mower’s blades during operation. The guard doesn’t work as intended, and you end up with significant injuries to your feet. In this case, the product designer may be at fault.
Did operator error cause your injuries?
Sometimes people are injured by lawn mowers they aren’t operating. How can this be possible? Well, let’s say you’re out for a leisurely walk through your neighborhood, when you get hit by a flying rock from your neighbor’s mower. If your neighbor had his mower’s deck turned toward the sidewalk, he can be at fault for your injuries.

Mowing in your bare feet is a recipe for disaster and can lead to some serious foot injuries.

What are some common lawn mower injuries?

Powered lawn mowers make yard work much easier. They may be useful, but they also can cause some serious injuries. Here are a few of the most common lawn mower injuries that happen each mowing season across the U.S.

Broken or fractured bones can happen if you try to mow while the grass is wet, and you slip and fall.
Burns are another way you can get injured. Powered lawn mowers get hot during operation. Accidentally touching the hood or other areas can cause serious burns.
Crushing body injuries can happen any time you operate a lawn mower. You could become trapped under the mower if it tips over, causing the crushing injuries.
Cuts and dismemberment can happen if you get your hands or your feet too close to the lawn mower’s blades while in operation. You can even cut yourself on the blades when the mower is turned off if you’re not careful.
Eye injuries can happen when the mower’s blades pick up debris (such as rocks) and throw them back at you. Wearing goggles while mowing can prevent eye injuries.

What steps do you take when injured?

Whether it’s a small cut or a broken bone, law mower injuries require immediate medical attention. Even small scrapes and abrasions can become infected without proper treatment. Going to your family doctor or the emergency room, if necessary, ensures you get the care you need. It also is the most effective way to document your injuries if you decide to move forward with a product liability or personal injury lawsuit.

After you receive treatment for your injuries, the next step is to consult with an experienced product liability or personal injury attorney. Bill Russell has the experience and knowledge to assist with your case. Call 505-218-7844 or contact Bill online to request a consultation.

Can You Sue More Than One Person?

Written by Brandon Herrera on March 23, 2022. Posted in Personal Injury Case. No Comments on Can You Sue More Than One Person?

Personal injury claims sometimes require victims to sue more than one person. Car crashes are a perfect example of when it might be necessary to pursue personal injury claims against more than one person. Workplace accidents are another instance when multiple parties may be responsible for your injuries.

When you’re hurt by someone else’s negligence, it’s important to ensure you get the full amount of compensation afforded to you by personal injury law in New Mexico. Filing multiple claims can maximize your damages.

Hiring an experienced Albuquerque personal injury lawyer can help you determine whether more than one person is responsible for your injuries.

How to determine personal injury liability

Whether you are dealing with one party or two, proving personal injury liability by New Mexico personal injury law standards is the same.

To establish liability, your personal injury attorney must prove the responsible parties:

Owed you a duty to act reasonably.
Failed in their duty by acting negligently.
Caused your injuries because of their carelessness.
Produced damages through their negligence.

Let’s take the case of a car crash, where a manufacturing defect in the vehicle caused the driver to lose control and collide with your vehicle, causing you serious injuries. The at-fault driver admits to police investigating the accident that his car had been acting weird for a few days, but he failed to call a mechanic or the dealership to have it checked. In this case, you could sue the driver plus the car manufacturer if a true defect caused the accident.

Benefits of suing more than one person

The biggest benefit of suing more than one person when you suffer a personal injury is maximizing on your damages. Let’s go back to the example of the car crash with a defective car. That kind of accident could leave you with debilitating spinal cord injuries that cause paralysis. You would be unable to work and may accumulate millions of dollars in medical bills.

Suing all responsible parties for an accident of this magnitude ensures you get enough compensation to cover all your medical bills, plus any ongoing expenses related to a permanent disability.

Joint and severable liability with multiple defendants

Something to keep in mind if you decide to sue more than one person is the joint and severable liability laws in New Mexico. Joint liability means all defendants named in your personal injury claim are equally responsible for your losses. Several liability means the defendants are only responsible for a part of your losses.

Let’s take the car crash example again. You could sue the driver of the vehicle for causing the crash, and the driver could turn around and sue the vehicle manufacturer. When this happens, it’s called joint and several liability by the legal system.

You might be able to sue the driver and the truck company in a personal injury lawsuit stemming from a truck crash.

When to sue more than one person

New Mexico law allows you to recover damages from more than one person if you can meet the burden of proof in establishing each party’s liability. Working with an experienced personal injury attorney can help with determining whether more than one party shares responsibility for your injuries.

Here are some examples of when you might want to sue more than one person to maximize your chances of receiving fair compensation.

Truck crashes. If you are the victim of an accident involving a truck driver, you might be able to sue the truck driver and the trucking company for which he works. An example of when this tactic might be successful would be a trucking company pressuring one of its drivers to cut their required breaks short to make more deliveries. The driver falls asleep at the wheel and crashes into your car.
Slips-and-falls. Let’s say you slip and fall on an uneven sidewalk while shopping at a local retail outlet. The tenant knew the sidewalk was in ill repair and did not post a warning to shoppers about the hazard. The landlord failed to make the necessary repairs when notified by the tenant of the issue. You might be able to sue both the tenant and the landlord for your injuries since each played a role.

Hiring a personal injury lawyer can help

Living with temporary or permanent disability can affect your current and future earnings, plus rack up expensive medical bills. You want to make sure all parties responsible for your injuries share in the damages. Hiring a personal injury lawyer can help you determine who is at fault and how best to pursue personal injury claims against them.

Contact Cameron & Russell for a free case evaluation. They go the extra mile in personal injury cases to ensure you get fair compensation.

Women’s History Month: Sexism in the Workplace

Written by Brandon Herrera on March 17, 2022. Posted in Civil Law. No Comments on Women’s History Month: Sexism in the Workplace

March is Women’s History Month and the perfect time to talk about sexism in the workplace. Sex-based discrimination on the job is a real concern for New Mexican women. It’s also considered a civil rights violation under Title VII of the Civil Rights Act of 1964.

Just how many women experience inequity in the workplace? According to data from Pew Research, about four in ten working women have faced gender-based discrimination. Discrimination comes in many forms, including earning less than male counterparts to being passed over for a promotion.

If you believe you’re the victim of sexism in the workplace, you have legal options. Working with an experienced civil rights attorney can get you the resolution you seek.

What is sex-based discrimination?

Sex-based discrimination in the workforce takes on many forms, according to the U.S. Equal Employment Opportunity Commission (EEOC). It includes firing, fringe benefits, hiring, job assignments, layoffs, promotions, and salary.

Sexism in the workplace also includes sexual harassment. Women subjected to unwelcome sexual advances – verbal or physical – have a legitimate complaint. Offensive remarks about your sexual orientation, gender identity, or pregnancy status also fall into this category.

Gender discrimination can lead to a hostile work environment for women.

What constitutes a hostile work environment in New Mexico?

Sometimes sex-based discrimination is so severe it creates a hostile work environment. New Mexico Statute 28-1-7 (2018) defines when sexism in the workplace crosses that line. Herald v. Bd. Of Regents of the Univ. of New Mexico is an example of sex-based discrimination turning a workplace hostile. The presiding judge in the case rules in the defendant’s favor based on three claims:

Disparate treatment.
Sex discrimination.
Retaliation.

There are several signs that a workplace has become antagonistic. Any time you feel uncomfortable, scared, or intimidated by unwelcome conduct from coworkers or supervisors, your workplace meets the legal definition of hostile.

How to prove sex discrimination

When it comes to proving sex discrimination in the workplace, it always comes down to the decision maker’s intent. Can you support your claim that you were overlooked for a promotion or fired from your job based solely on the thinking of the person in charge of the situation? How do you prove what’s inside another person’s head, guiding their choices?

There may be signs and supporting evidence of a person’s intent. Let’s say your boss repeatedly passes you over for a promotion, even though you have more experience and qualifications than the male colleague he instead advances. A pattern of behavior counts as intent. Here’s how you take circumstantial evidence and build your case:

Provide evidence you are in a protected class.
Provide evidence you were qualified for the promotion.
Provide evidence you didn’t get the promotion.
Provide evidence the employer promoted someone not in your protected class or left the position unfilled.

There are other kinds of anecdotal evidence you can use to support your case. Maybe your supervisor makes negative, offhand remarks about mothers who work outside the home. Document this kind of behavior. It may be useful if you pursue a gender discrimination case.

Filing a sex discrimination claim in New Mexico

If you’ve decided to pursue a gender bias claim against your employer, speaking to an experienced civil rights attorney is the first crucial step. Your attorney can help you decide whether you should file your complaint with the New Mexico Human Rights Bureau or the EEOC. The two agencies have a work-sharing agreement, allowing them to cooperate with each other to process claims.

Acting fast in sex discrimination cases is required under New Mexico Statutes. You have 180 days from the time you believe you were discriminated against for state filing and 300 days for federal filing (EEOC). While it’s not necessary to have an attorney to file a claim with either agency, it is highly recommended.

You also have the option of filing a federal civil rights lawsuit against the offender in a sex discrimination case. Consulting with a civil rights attorney helps you identify if this is the best course of action. Some employment contracts call for mandated mediation with an employer before legal action can be pursued. Your attorney can review your case and provide guidance based on your unique situation.

You don’t have to tolerate sexism at work

Sexist attitudes and practices have no place in the 21^st century workforce. You don’t have to tolerate sex discrimination that causes a hostile workplace. Part of challenging this kind of toxic workplace culture includes legal recourse.

Reach out to the experienced civil rights attorneys at Cameron and Russell to schedule your case evaluation. We’ll help you rid your office of gender bias so you can get back to working hard.