You're driving home along I-25 during a summer storm when the roads suddenly flood and visibility drops to near zero. Suddenly, a car hydroplanes out of control and slams into you. It's an all-too-common occurrence during New Mexico's notorious monsoon season. But even if hazardous weather played a role, someone may be liable for your damages.
At Keller & Keller, our Albuquerque car accident attorneys understand the chaos and confusion that follow a crash during New Mexico's monsoon season. From minor fender benders to major collisions, we've helped countless clients seek fair compensation. If you've been injured in a crash during a summer storm, you may be wondering who bears responsibility. Here’s how New Mexico law applies to monsoon accident cases and the steps you should take to protect your rights.
How Monsoon Weather Increases the Risk of Car Accidents
According to the National Weather Service, New Mexico experiences over 60 dangerous dust storms and flash floods annually during the monsoon season, which typically runs from June 15 to September 30. While this brings much-needed rain to our arid state, it also creates treacherous driving conditions that contribute to hundreds of accidents each year.
- Heavy rainfall. Downpours can reduce visibility and cause hydroplaning, especially when water pools on roadways.
- Flash flooding. Arroyos and dips in the road can flood within minutes during monsoon rains, catching drivers off guard.
- High winds. Powerful wind gusts can buffet vehicles and blow debris into roadways, increasing the chance of losing control or suffering damage.
- Dust storms. When strong winds combine with dry conditions, blowing dust can create zero-visibility driving conditions.
These hazards regularly lead to collisions during the monsoon months, but dangerous conditions alone don't absolve negligent drivers of liability.
Determining Liability in Monsoon-Related Car Accidents
Liability for a monsoon-related accident depends on whether a driver's negligent actions contributed to the crash. Monsoon weather increases risks for everyone on the road, but drivers still have a duty to operate their vehicles safely under the given conditions.
Examples of driver negligence during monsoons include:
- Speeding. Driving too fast for wet conditions
- Reckless maneuvers. Abrupt lane changes, hard braking, or other risky moves
- Poor judgment. Following too closely, not using headlights in low visibility
- Distracted driving. Not devoting full attention to the road
- Faulty equipment. Worn tires, broken wipers, or burnt-out headlights that impair a driver's ability to handle conditions safely
When police respond to your accident, they’ll create an official crash report that documents key facts like weather and road conditions, vehicle damage, injuries, and any traffic citations issued. It may also include the officer's opinion on fault. Your attorney can use this report, along with other evidence like witness statements and vehicle data, to build your case.
If another driver's negligent actions caused them to lose control and crash into you, they may be liable for your damages, even if the weather was a contributing factor. Insurance companies may try to avoid liability for monsoon accidents by claiming that the weather was an "act of God" outside of anyone's control. However, a skilled Albuquerque car accident lawyer can counter these arguments and demonstrate that the driver's negligence superseded hazardous conditions.
What if I Was Partially at Fault for the Accident?
New Mexico follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the crash. However, your damages will be reduced by the percentage of fault assigned to you.
Insurance adjusters often use this rule to pressure accident victims into accepting an unfairly high portion of fault and a lower settlement. Before admitting any blame or accepting a settlement offer, consult with an experienced car accident lawyer who can thoroughly investigate your monsoon accident to identify all potentially liable parties and sources of insurance coverage. Even if you bear some responsibility, you may still be entitled to significant compensation.
What to Do After a New Mexico Monsoon Car Accident
The steps you take after a crash can significantly impact your monsoon car accident claim. Here's what to do to protect your health and your legal rights:
- Move to a safe location, if possible. Get out of traffic and away from floodwaters.
- Call 911, especially if there are injuries or property damage.
- Gather evidence at the scene, if it can be done safely. Take pictures of the damage, surrounding conditions, and any visible injuries.
- Get the other driver's name, contact information, and insurance details.
- See a doctor as soon as possible to document your injuries and begin treatment.
- Order a copy of the official police accident report.
- Contact an experienced car accident lawyer before speaking to insurance adjusters.
Remember, the insurance company's goal is to pay out as little as possible on your claim. Don't let them take advantage of you. A skilled New Mexico car accident attorney can help you fight for the full compensation you deserve.
How a New Mexico Car Accident Lawyer Can Help
After a monsoon accident, you need an advocate in your corner who understands New Mexico law and can hold negligent drivers accountable. A skilled car accident lawyer will:
- Investigate the crash to gather evidence of fault
- Obtain weather records to document monsoon conditions
- Interview witnesses and first responders
- Calculate your damages, including future medical needs
- Handle all communication with the insurance company
- Negotiate aggressively for maximum compensation
- Take your case to trial if a fair settlement isn't offered
After a serious crash, you should be focused on healing, not battling with insurance adjusters. At Keller & Keller, we have a proven track record of successfully handling car accident claims, including those involving New Mexico monsoon conditions. Our dedicated car accident attorneys will handle the stress of your claim so that you can concentrate on recovery with peace of mind.
